Chapter 18.18: MANUFACTURING DISTRICTS (M-1, M-2)

§ 18.18.010 Purpose.

The following manufacturing districts are established; properties so designated shall be subject to the provisions contained in this chapter:

M-1, light manufacturing district.

M-2, heavy manufacturing district.

Manufacturing/industrial core overlay (MICO).

Designation and Purpose. The manufacturing districts are intended to provide appropriately located areas for various manufacturing enterprises, industrial establishments, research developments and compatible commercial services that enhance the city's economic base and provide jobs for residents of the area, while at the same time ensuring a high quality of life free from excessive noise, odors, dust, smoke, heavy traffic congestion and air and water pollution. In addition to this intent, each manufacturing district has its own specific and unique intent as follows:

M-1, light manufacturing district: The M-1 district is intended to provide areas for light manufacturing, general industrial activities, warehousing and limited service commercial uses that are complementary and are not detrimental to either existing or proposed industrial uses, or neighboring commercial and residential districts. Typical uses in this district include assembling and manufacturing of products from previously prepared material, and may include planned industrial parks which are designed to ensure compatibility between the industrial operations therein and the existing activities and character of the community in which the park is located.

M-2, heavy manufacturing district: The M-2 district is intended to provide areas for heavy manufacturing uses involving activities that do not complement the character of commercial or residential areas. M-2 zoned areas should be located so as to ensure that heavy manufacturing uses will not result in detrimental impacts to commercial or residential zones. Typical uses in this district include processing of natural and manmade materials for use in general manufacturing.

Manufacturing/industrial core overlay (MICO): The MICO is an overlay zone applied within the M-1 and M-2 districts, where limited alternate or additional regulations apply as noted in this chapter. The intent of the MICO is to apply additional restrictions on uses that may be incompatible with current manufacturing and industrial uses and the intensification of these uses in the future consistent with the city of Sumner comprehensive plan.

(Ord. 1694 § 1, 1995; Ord. 1739 § 24, 1996; Ord. 2319 § 5, 2010)

§ 18.18.020 Principal, administrative and conditional uses.

The following table details permitted and conditionally permitted uses in the manufacturing districts. Where a "P" is indicated, the respective use in the same row is permitted in the zone classifications in the same column. Where an "A" is indicated or SMC § 18.48.020(B) applies, the respective use in the same row is allowed through an administrative use permit. An administrative use permit shall be required and in full force and effect in order to establish said administrative uses. Where a "CUP" is indicated, the respective use in the same row is conditionally permitted in the zone classification in the same column. A conditional use permit shall be required and in full force and effect in order to establish said conditional uses. Where "--" is indicated, the respective use is not allowed. Where a "1" or "2" is indicated, there are different or supplemental regulations for that particular use within the Sumner manufacturing/industrial core overlay (MICO) pursuant to the notes at the bottom of this table.

		M-1	M-2	MICO (M-1/M-2)
1.	Accessory parks and recreation facilities for use by on-site employees	P	P	P
2.	Adult entertainment businesses, subject to chapter 18.38 SMC	P	P	P
3.	Agricultural activities, including mitigation banks	P	P	P
4.	Air separation facilities	--	P	CUP/P
5.	Auction houses, wholesale	--	--	--
6.	Battery distribution and processing business	P	P	P
7.	Breweries	CUP¹	P	CUP¹/P
8.	Cemeteries and crematories	CUP	CUP	CUP
9.	Contractor business³	P	P	P
10.	Colleges and universities with no dormitories	CUP	CUP	CUP
11.	Commercial laundries	CUP¹	P	CUP¹/P
12.	Indoor commercial recreation and/or clubs, gymnastics facilities, baseball practicing facilities, tennis clubs, but not including racetracks	P	P	P
13.	Outside commercial recreation fields and/or clubs, baseball fields, fairgrounds, golf driving ranges, animal race tracks, stadia, and tennis clubs	CUP	CUP	CUP
14.	Day care centers	CUP	--	CUP/--
15.	Electrical power generation and cogeneration	--	CUP	--/CUP
16.	Enclosed salvage and wrecking operations	P	P	P
17.	Existing residential dwellings lawfully constructed as of the effective date of this title	P	P	P
18.	Film processing plant	CUP¹	P	CUP¹/P
19.	Food manufacturing, processing or package plants, excluding slaughtering facilities	CUP¹	P	CUP¹/P
20.	Food manufacturing, processing or package plants, under 10,000 square feet, excluding slaughtering facilities	A¹	P	A¹/P
21.	Gasoline service stations	P	P	P
22.	Hazardous waste off-site treatment and storage facilities	--	--	--
23.	Hazardous waste on-site treatment and storage facilities	CUP	--	CUP/--
24.	Hospitals	CUP	CUP	CUP
25.	Hotels and motels	P	P	--
26.	Indoor kennels	P¹	P¹	P¹
27.	Lumber and wood products manufacturing or assembly	P	P	P
28.	Major utility facilities	P	P	P
29.	Assembly of heavy equipment, airplanes, or vehicles	P	P	P⁵/P
30.	Manufacturing, processing or assembly of metals, heavy equipment, airplanes, or vehicles	P	P	P⁵/P
31.	Manufacturing, refining or storage of noxious, volatile, toxic or explosive products as a principal use	--	--	--
32.	Mass transit systems including, but not limited to, bus stations, train stations, transit shelter stations, and park and ride lots	CUP	CUP	CUP
33.	Medical equipment manufacturing plant	P	P	P
34.	Minor utility facilities	P	P	P
35.	Mini-warehouses	P	--	--
36.	Outside storage yards as a principal use	P	P	P
37.	Paper and allied products manufacturing	CUP¹	P	CUP¹/P
38.	Parks	CUP	CUP	CUP
39.	Pharmaceutical plants	P	--	P/P¹
40.	Prepared material, manufacturing, processing or package plants	P	P	P
41.	Prepared metal processing and assembly plant	P	P	P
42.	Professional and business offices	P²	P	P²/--
43.	Professional and business offices, accessory to an allowed or conditional use on the same lot and/or in the same complex	P	P	P
44.	Public facilities	CUP	CUP	CUP
45.	Wireless communication facilities	See chapter 18.37 SMC	See chapter 18.37 SMC	See chapter 18.37 SMC
46.	Recycling centers	CUP	P	CUP/P
47.	Restaurants, with no bar	P	P	P
48.	Rock, stone, brick, concrete or asphalt, batching or assembly	--	CUP⁶	CUP⁶
49.	Sales and rental of heavy machinery and equipment	P	P	P
50.	Salvage and wrecking yards	--	P	--/P
51.	Soil mixing	P	P	P
52.	Smelting, blast furnace or forging plants	--	P	--/P
53.	Storage/warehouse and distribution facilities	P	P	P
54.	Streets	P	P	P
55.	Taverns, micro-breweries, brewpubs, and bars	P	P	P
56.	Tow truck operation/impoundment yard⁴	--	P	--/P
57.	Tow truck operations	P	P	P
58.	Truck terminals	P	P	P
59.	Utility yard	P	P	P
60.a.	Vehicle repair, major	P	P	P
60.b.	Vehicle repair, automotive collision	P	P	--
61.	Vocational and art schools	P	--	P/--
62.	Water towers and water supply plants	CUP	CUP	CUP
63.	Commercial use, accessory to an industrial use on the same lot and/or in the same complex	P	P	P
64.	General commercial uses which are not otherwise listed above	P	--	P²/--
65.	Churches	P	P	P
66.	Temporary homeless encampments in accordance with SMC § 18.36.060	CUP	CUP	CUP
67.	Indoor emergency shelters⁷	CUP	CUP	--
68.	Indoor emergency housing⁷	CUP	CUP	--
69.	Permanent supportive housing⁸	CUP	CUP	--
70.	Transitional housing⁸	CUP	CUP	--
71.	Opioid treatment program, mobile unit	CUP	CUP	CUP
72.	Essential public facilities not otherwise listed above	CUP	CUP	CUP
73.	Battery energy storage systems⁹	CUP¹	CUP¹	CUP¹

¹Prohibited within 1,000 feet of residentially zoned lands.

²Within MICO, limited to 10,000 square feet of gross floor area per development site unless it is an accessory use.

³Contractor businesses with accessory outdoor storage shall meet the requirements of SMC § 18.18.060(C).

⁴An auto impoundment yard shall meet the screening requirements for outdoor storage in SMC § 18.18.060(C).

⁵Prohibited within 1,000 feet of residentially and neighborhood commercial zoned lands.

⁶Asphalt batching operations shall meet the following requirements: (a) loaded trucks leaving the site shall be covered using best available technology; (b) comply with the noise control code of chapter 8.14 SMC; and (c) meet or exceed regional, state, and federal air and emission levels.

⁷See performance standards in SMC § 18.18.060(V).

⁸See performance standards in SMC § 18.18.060(W).

⁹See performance standards in SMC § 18.18.060(X).

Use Interpretations. Whenever a property improvement permit is applied for, for property in the manufacturing districts, the director shall determine under which of the use classifications set forth above the proposed use shall be classified. All such determinations shall be based upon a finding that the use is consistent with the description and purpose for the respective manufacturing districts set forth and that such uses are similar to and no more detrimental than the types of use examples provided in the definition of the relevant use classification set forth. All determinations pursuant to this section may be appealed as a request for interpretation to the hearing examiner.

(Ord. 1694 § 1, 1995; Ord. 1739 § 25, 1996; Ord. 1830 § 23, 1998; Ord. 2012 § 1, 2002; Ord. 2319 § 6, 2010; Ord. 2174 § 1, 2006; Ord. 2337 § 1, 2010; Ord. 2384 § 1 (part), 2012; Ord. 2579 § 1, 2016; Ord. 2615 § 8, 2017; Ord. 2675 § 1, 2019; Ord. 2715 § 1, 2019; Ord. 2737 § 8, 2020; Ord. 2794 § 13, 2021; Ord. 2798 § 10, 2021; Ord. 2824 § 4, 2022; Ord. 2878 § 26, 2024; Ord. 2899 § 4, 2024)

§ 18.18.025 Buffer criteria – M-1 zone.

Subsections A and B below shall be met for outside storage yards as a principal use and truck terminals in the M-1 zone. Subsection B shall be met for sales and rental of heavy equipment:

The use shall not be visible from freeways, principal arterials, or minor arterials as identified in the Sumner comprehensive transportation plan. Visibility shall be reduced by meeting the provisions of SMC § 18.18.060 (C)(2)(a), (b), (d), (e), (g) and (h).

A landscape and fencing plan shall be submitted for review and approval by the development services director.

(Ord. 1694 § 1, 1995; Ord. 2788 § 26, 2021)

§ 18.18.030 Prohibited uses.

Any use or structure not listed under permitted principal, accessory or conditional uses is prohibited in the manufacturing districts unless authorized in chapters 18.36, 18.46 SMC, or an applied overlay district of this title.

(Ord. 1694 § 1, 1995; Ord. 1739 § 26, 1996)

§ 18.18.040 Off-street parking and loading.

Off-street parking for properties located in the manufacturing districts shall be provided as set forth in chapter 18.42 SMC.

(Ord. 1694 § 1, 1995; Ord. 1739 § 27, 1996)

§ 18.18.045 Metal storage containers.

Metal storage containers are allowed in the M-1 and M-2 zones only where they are integral to commerce or through a temporary use permit, not placed on or in required parking, landscaping, buffer areas, front and street side setbacks, and meet height and setback requirements, are screened from the public right-of-way, and are accessory to a permitted use.

(Ord. 1694 § 1, 1995; Ord. 2088 § 5, 2004)

§ 18.18.050 Property development standards.

The following table sets forth the required development standards applicable to properties located in the manufacturing districts:

		M-1	M-2
1.	Minimum lot area per building site in square feet	10,000	6,000
2.	Lot width in feet	75	50
3.	Lot depth in feet	100	75
4.	Front yard setback in feet	20	10
5.	Rear yard setback in feet	20	0
6.	a. Interior side yard setback in feet, adjacent to industrial zones	10	0
	b. Interior side yard setback in feet	20	0
7.	Setback from freeway right-of-way	5	5
8.	Street side yard setback in feet	20	10
9.	Required landscaped setback along any common boundary with residentially zoned property	25	35
10.	Required building setback along any common boundary with residentially zoned property	50	50
11.	Required landscaped setback along any common boundary with commercially zoned property	10	15
12.	a. Minimum street front landscaping for semi-truck/trailer storage, in feet	20	12
	b. Minimum street frontage landscaping for other uses, in feet	12	12
13.	Minimum street frontage in feet	25	25
14.	Maximum lot coverage (per SMC § 18.04.0570)	70%	80%
15.	Maximum building height in feet within 100 feet of any street right-of-way, or residentially or commercially zoned property	35*	35*
16.	Maximum building height in feet when greater than 100 feet from any street right-of-way or residentially or commercially zoned property	45**	45
17.	Minimum setback from principal or minor arterial as designated in the comprehensive plan	25	25

*A special exception per SMC § 18.50.040 may be granted for buildings within the MICO to allow the building height to increase up to a maximum of 45 feet for buildings located between 50 and 100 feet of any street right-of-way, or residentially or commercially zoned property.

**M-1 zone properties located within the MICO meeting height incentive criteria in SMC § 18.18.060(U) may increase their maximum height to 55 feet.

(Ord. 1739 § 28, 1996; Ord. 1885 §§ 4, 5, 6, 1999; Ord. 2319 § 7, 2010; Ord. 2495 § 1, 2014; Ord. 2774 § 16, 2021; Ord. 1694 § 1, 1995)

§ 18.18.060 Performance standards.

The following special requirements and performance standards shall apply to properties located in the manufacturing districts:

Exterior Mechanical Devices. In the M-1 zones, air conditioners, heating, cooling, ventilating equipment, pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents. Apparatus needed for the operation of active or passive solar energy systems need not be screened pursuant to this subsection.

Required Landscaping. All required yards adjacent to the street shall be landscaped, except for driveways and sidewalks, as per the requirements in the Sumner design and development guidelines. Wherever landscaping is required by this title and/or by conditions of approval of discretionary applications required by this title, such landscaping shall be permanently maintained in a neat and orderly manner. In no event shall such landscape areas be used for the storage of materials or parking of automobiles. For new developments a landscape plan shall be prepared and submitted for review by the development services director as per the requirements in chapter 18.41 SMC.

Outdoor Storage of Materials.

In the M-1 zone outdoor storage is allowed provided it meets the standards of subsection (C)(2) of this section.

The following standards apply to outdoor storage in M-1 zones:

The material(s) being stored shall not exceed 12 feet in height; and

The material(s) being stored shall be wrapped or enclosed to prevent wind blown debris; and

The outdoor storage area shall not exceed 40 percent of the building footprint or 15 percent of the lot area, whichever is less. Outside storage accessory to a contractor business shall not exceed 75 percent of the lot area; and

Adjacent to Public Ways. The outdoor storage is screened from adjacent public streets or from future or present bicycle or pedestrian paths, as follows:

For semi-truck and trailer storage, by a minimum of a six-foot fence or masonry wall and a fully landscaped buffer meeting the requirements in subsection (C)(2)(d)(iii) of this section and at least the width of the applicable required setback.

ii.

For other storage, a fully landscaped buffer meeting the requirements in subsection (C)(2)(d)(iii) of this section and a minimum of 12 feet in width where storage is visible. A landscaped buffer is not required adjacent to freeway right-of-way.

iii.

All buffers shall include at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper measured three feet from the ground. All trees shall be planted no less than 20 feet apart on-center. For every 100 square feet of buffer area, at least one evergreen shrub of a minimum size of two feet shall be provided. Ground cover of a minimum two-gallon size shall be planted in the buffer area sufficient to cover the area within three years of planting; and

Adjacent to Other Properties. Outdoor storage shall be screened from adjacent properties, except those properties zoned M-2, as follows:

Adjacent to Properties Zoned M-1. No buffer required where storage is not visible from a public street or trail.

ii.

Adjacent to Other Properties. Screened by a 12-foot landscaped buffer.

iii.

This buffer shall contain at least 50 percent evergreen trees of a minimum size of six feet at planting. Deciduous trees shall be a minimum of two-and-one-half-inch caliper measured three feet from the ground. No less than one tree per 30 linear feet of buffer shall be provided. This landscaping shall not substitute for the required setbacks of the underlying zoning; and

Outdoor storage shall only be allowed between the rear lot line and the extension of the front facade of the principal structure, provided no outdoor storage is allowed between a building and a side street lot line; and

Buffer plantings should include low maintenance and/or drought tolerant species. The director may require irrigation for buffer areas if it is necessary to ensure the long-term success of the landscaping as a buffer; and

The director may modify the requirements for spacing, number and size of plantings and berms only upon a satisfactory showing by a licensed landscape architect that an alternate proposal will accomplish the same buffering goals.

Outdoor Lighting. The following standards shall be required for outdoor lighting:

All Zones. Outdoor lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. The lighting shall be shielded so that the direct illumination is confined to the property boundaries of the light source. Ground-mounted floodlighting or light projection above the horizontal plane is prohibited between midnight and sunrise.

M-1 Zone Energy Efficient Outdoor Lighting. Development in the M-1 zone that provides outdoor lighting shall install energy efficient lights. Examples include but are not limited to: metal halide post top lights, metal halide cobrahead or cutoff lights, and high pressure sodium cutoff lights. The applicant shall submit documentation of the proposed light fixtures and their energy efficiency to the director of development services.

Maximum Height Limitations. Maximum height limitations may be adjusted through approval of a special exception by the hearing examiner. In addition to the criteria of SMC § 18.50.040, the hearing examiner shall consider whether the request will have potential impacts to emergency services and public views.

Manufacturing District Properties Adjacent to Residential Properties. Whenever M-1 or M-2 zoned property abuts any residential zone, a six-foot masonry wall or wood fence shall be established and maintained along the side or rear property line that abuts the residential zones subject to the sight distance requirements of SMC § 18.32.040.

Trash Receptacles. Trash receptacles and recycling bins enclosed within gated, solid walls or fences shall be provided for each industrial use and/or industrially used property. The receptacles shall be set back a minimum of 15 feet from any residentially zoned property boundary and shall be maintained in a neat and sanitary condition.

Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment.

Odor and Emissions. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the site or produces air emissions that are not compliant with regional, state, and federal emission standards. Uses shall utilize best available control technologies to reduce odors and emissions.

Radioactivity. The use of radioactive materials shall be limited to measuring, gauging and calibration devices.

Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot in which the use is located.

Hazardous Materials. All users of hazardous materials shall notify the fire code official, as designated by the city administrator, the police chief, and public works director of the type and quantity of such materials generally on the premises. No hazardous waste materials shall be disposed of on any M-1 or M-2 zoned property.

Solid Waste Disposal. All solid waste materials shall be transported to an official landfill waste disposal site or recycling center. No such materials shall be disposed of on the premises.

Liquid Waste Disposal. No liquid waste materials except pure water may be permanently disposed of on-site, however, where such materials are temporarily stored on the property, they shall be contained in a manner so as to prevent their entry into the surface water drainage system and/or any ground water aquifer.

Accessory antennas, including satellite dish antennas which are less than or equal to three feet in diameter, shall not be located between the front or street side property lines and a building, and shall be limited to a height of 10 feet in excess of the maximum height required for each zone. Antennas shall be set up so that in case an antenna falls it will fall within the confines of the owner's property. Satellite dish antennas greater than three feet in diameter are regulated below.

Ground-mounted or roof-mounted, satellite dish antennas, up to 12 feet in diameter, are allowed as permitted accessory uses subject to the following requirements:

The installation shall not be located between a front or street-side property lines and a building.

All installations shall meet the height standards of the district, and shall be measured to the highest point of the dish, except that, buildings built up to the maximum height may be permitted a rooftop installation.

The minimum setback shall be not closer than three feet to side property lines nor 10 feet to rear property lines.

The installation shall comply with the applicable requirements of the International Building Code, as amended.

All installations shall be screened from any adjoining residentially zoned land.

Any on-site or off-site treatment and storage facilities must meet the Washington State siting criteria as set forth in the location standards found in WAC 173-303-285.

Expansion of Specified Existing Uses. Existing residential dwellings lawfully constructed as of the effective date of the ordinance codified in this title may be maintained as follows:

The specified uses may expand up to 25 percent of their square footage, except that expansion shall not occur if it is necessary to purchase additional property. The expansion shall meet the development standards of the zone such as setbacks, lot coverage, and building height.

No additional dwelling units may be added, except that existing single-family dwellings may add an accessory dwelling unit if the performance standards to establish an accessory dwelling unit as found in chapter 18.12 SMC, Low Density Residential District (LDR-4, LDR-6, LDR-7.2, LDR-8.5, LDR-12), are met.

Structures may be rebuilt after a fire or other disaster to original dimensions unless a health or safety impact would occur, provided a complete building permit application has been submitted within three years.

Structures that were destroyed by a fire or other disaster prior to July 1, 2006, may be rebuilt to original dimensions unless a health or safety impact would occur without any limitation on time.

No outdoor sales shall be allowed for taverns.

Fences – Intent. The intent of this section is to establish minimum requirements and standards for fences in order to promote safety, provide screening, and to protect the aesthetic assets of the community. Fences constructed in an industrial zone shall comply with the standards set forth herein:

The requirements of this subsection shall apply only to fences built after the adoption date of the ordinance codified in this section. Fences built before that date shall be considered legal nonconforming fences. Existing fences being replaced after this adoption date shall meet the requirements of this section. The construction of any fence, arbor, or trellis requires a building/land use permit.

Fences located between the street and the required front yard setback line or street side yard setback line shall not exceed a height of three feet where fences would provide less than 50 percent visibility. Fences providing at least 50 percent visibility shall not exceed a height of four feet within the required front yard or street side yard. Examples of fences that could meet 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences.

Fences located within industrial zones shall not exceed a total height of eight feet above existing or finished grade in industrial zones unless the site qualifies for an exception under subsection (S)(6) of this section.

Fences utilized to enclose drainage detention ponds or other drainage facilities shall meet the requirements existing in the King County Washington Surface Water Design Manual, as well as any other applicable regulations of this section and the Sumner Municipal Code. Chain link fences used to enclose drainage detention ponds or other drainage facilities shall be green or black coated or painted.

Chain link fencing and barbed wire shall be black or green coated or painted along street fronts.

Exceptions to the fencing standards set forth in this subsection may be granted through a city permit, provided the following criteria are met:

The applicant has demonstrated a need for additional safety and security measures to protect the site; and

Reasonable alternatives which result in reduced or no deviation from the code have been considered and the applicant demonstrates that the alternatives are not reasonably feasible; and

The adjustment to the standards is the minimum necessary to accommodate security fencing; and

The exception will not create harmful impacts to public ways, adjacent properties or the safety of the general public; and

The proposed fencing complies with the standards listed in subsection (S)(7) of this section; and

The applicant has provided sufficient documentation to describe the proposal, such as a cross-section and elevation of the fencing types proposed, and a site plan with the fence location and setbacks; and

For barbed wire fencing or electrified fencing, the owner shall agree in writing to a "hold harmless" agreement indemnifying the city against any claims related to injury from the proposed fencing.

Fencing Exceptions Performance Standards.

Public facilities, minor and major utility facilities, and wireless communication facilities may construct fences in accordance to the standards set forth for such facilities.

Fences located around potentially dangerous facilities or equipment on the interior of a site where there is a demonstrated need to provide added security and public safety may exceed the height requirements set forth in this section to a maximum height of eight feet. Examples of a demonstrated need include sites utilizing draining facilities with steep slopes, water tanks, heavy or dangerous machinery or equipment, hazardous substances, hazardous waste, etc.

Maximum height of a chain link fence is eight feet with an additional two feet of barbed wire allowed only along the top; or 10 feet total maximum height with no barbed wire.

Any barbed wire shall be coated or painted black or green along street fronts to match the chain link.

Chain link with barbed wire and electrified fencing shall be set back a minimum of 10 feet from the front lot line and any side street lot line. On existing developed sites, the director may approve reduced fence setbacks.

Security fencing shall be designed and located to minimize conflicts with required landscaping, and interference with canopies of required trees.

Minimum Landscaping. Installation of security fencing shall not reduce the required minimum landscaping. On existing developed sites, the director may approve a reduction in landscaping.

Electrified fencing may be allowed, subject to the following additional standards:

Maximum height is 10 feet.

ii.

Must be located behind a nonelectrified fence or wall that is at least six feet tall.

iii.

Electrified fencing located adjacent to public trails, public parking lots, public parks and other public facilities must be located behind a nonelectrified fence at a sufficient distance to prevent the public and pets from coming in contact with electrified elements, or must be located behind a wall or fence with a solid surface or closed weave, or must have other treatment designed to restrict public contact with electrified elements.

iv.

Electrified fencing shall meet or exceed the following industry safety standards:

(A)

Electrified fences shall be constructed and installed in conformance with the most current specifications established by the International Electrotechnical Commission (IEC).

(B)

The energizer for electrified fences must be driven by a commercial storage battery not to exceed 12 volts DC.

(C)

The electric charge produced by the fence upon contact shall not exceed the most current standards for energizer characteristics established by the International Electrotechnical Commission (IEC).

(D)

Warning Signs. Electrified fences shall be clearly identified with warning signs that read: "Warning – Electric Fence," at intervals of not less than 30 feet; or with otherwise adequate wording and spacing as recommended by the IEC.

Sight Distance Requirements. At all intersections there shall be a triangular yard area within which no tree, fence, shrub or other physical obstruction shall be permitted higher than three feet above the adjacent grade where fences, walls and hedges would provide less than 50 percent visibility. Fences, walls and hedges providing at least 50 percent visibility shall not exceed a height of four feet. Examples of fences that could meet the 50 percent visibility include spaced rail fences, spaced picket fences, and chain link fences.

Incentives for Energy Conservation and Greenhouse Gas Emission Reductions in M-1 Zone. An applicant may request and the director of development services may approve a building height increase to a maximum of 55 feet when greater than 100 feet from any street right-of-way or residentially or commercially zoned property and when providing one or more of the following features:

Construct to a LEED certified building.

Provide end-of-trip bicycle facilities including installing showers, securing bicycle lockers, and changing spaces. The director shall determine the ratio of facilities to the size of the workforce or building space.

Participate in Puget Sound Energy's Green Power Program or an equivalent program. The applicant shall submit documentation of a long-term commitment to such a program, for example, a fully executed binding agreement. Participation shall be for a period of no less than five years.

Indoor emergency shelters and indoor emergency housing shall:

Comply with all applicable setbacks, height and other dimensional standards as required in the zone;

Comply with occupancy limits set by the city fire code; and

Not be located within 880 feet of any other emergency shelter or emergency housing use; or any permanent supportive housing or transitional housing use.

Permanent supportive housing and transitional housing shall:

Comply with all applicable setbacks, height and other dimensional standards as required in the zone;

Comply with occupancy limits set by the city fire code;

In no case exceed a maximum of 10 housing units on any single parcel of land; and

Not be located within 880 feet of any emergency shelter or emergency housing use; or any other permanent supportive housing or transitional housing use.

Battery Energy Storage Systems Facilities.

Developments shall comply with the latest adopted Washington State Building and Fire Code to include NFPA 855 requirements and other standards deemed necessary by the city's fire plans reviewer.

The site shall be fully screened from adjacent properties except those zoned M-2 by a landscaped buffer at least the width of the required setback with at least a three-foot-high earth berm and at least 50 percent evergreen trees at least six feet in height at planting.

Outdoor lighting shall comply with SMC § 18.18.060(D).

Fencing shall comply with SMC § 18.18.060(S).

The facility shall not create odor, noise, or vibrations that are readily detectable by the human senses beyond the boundaries of the site.

Building and equipment surfaces shall have cladding or coating that provides a durable and nonglare surface, such as galvanized metal or powder-coated paint.

An emergency management plan shall be developed for each facility in coordination with the local fire district. The fire district shall approve the fire safety plan prior to permit issuance.

A qualified third-party inspector shall complete a final electrical inspection of the BESS facility prior to commencement of operations. The costs of the third-party inspection shall be borne by the applicant.

Applicants for a proposed facility shall evaluate the overall distribution of other BESS facilities within the county and city, and demonstrate how the proposed facility avoids placing an undue burden on the city over other cities and on any one neighborhood within the city.

10.

The applicant shall demonstrate financial responsibility for decommissioning in an amount to carry out all contingencies of the decommissioning plan required by WAC 51-54A-1207, including:

The range of cleanup activities that would be required for site decommissioning as applicable.

(Ord. 1694 § 1, 1995; Ord. 1739 §§ 29, 30, 31, 1996; Ord. 1885 § 7, 1999; Ord. 2021 § 2, 2002; Ord. 2195 § 2, 2007; Ord. 2022 § 5, 2003; Ord. 2439 § 16, 2013; Ord. 2495 §§ 2, 3, 2014; Ord. 2737 § 9, 2020; Ord. 2770 § 3, 2021; Ord. 2778 § 1 (Exh. A), 2021; Ord. 2774 § 17, 2021; Ord. 2788 §§ 27 – 29, 2021; Ord. 2794 § 14, 2021; Ord. 2899 § 5, 2024; Ord. 2907 § 13, 2025)