Chapter 18.06 COMMERCIAL DISTRICTS

Chapter 18.06
COMMERCIAL DISTRICTS

18.06.000 Chapter Contents

Sections:

18.06.020 Purposes.

18.06.040 Permitted, conditional, and prohibited uses.

18.06.060 Commercial districts’ use standards.

18.06.080 Commercial districts’ development standards (General).

18.06.100 Commercial districts’ development standards (Specific).

18.06.120 Additional regulations.

18.06.020 Purposes

A. The general purposes of this Chapter are as follows:

1. To provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses required by residents of the City in a manner consistent with the Comprehensive Plan.

2. To provide employment opportunities for existing and future residents of the City and those of adjacent communities.

3. To provide for land uses which meet the needs of and attract regional populations, in addition to local residents.

4. To provide adequate space to meet the needs of commercial development, including off-street parking and loading.

5. To protect commercial and adjacent areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

6. To provide for an intensity of development and activity within commercial areas which will increase their vitality, facilitate mass transit, and make better use of available infrastructure.

7. To accommodate a balanced mix of commercial, residential, and recreational uses in commercial areas which will enable people to live, shop, work, and play within walking distance; thereby reducing dependence on motor vehicles and potentially reducing traffic congestion, energy consumption, and air pollution.

8. To establish standards for the development of commercial areas which will make them easily accessible and inviting for pedestrians, bicyclists, and transit riders, as well as motorists.

9. To establish guidelines for the design of commercial areas which will improve their appearance, function, and appeal.

B. The purpose of each commercial district is as follows:

1. Community Retail District (CMR).

This district is intended to:

a. Permit businesses which offer the most frequently needed consumer goods and services, in districts of sufficient size to provide a relatively wide range of such goods and services.

b. Provide for site development standards which will achieve the clustering of buildings and/or business establishments in such fashion as to create a safe, convenient and attractive pedestrian environment, including access for transit riders and bicyclists, as well as safe and convenient parking and access.

c. Allow for clustering of commercial services along urban arterials adjacent to residential neighborhoods, in order to reduce the amount of vehicular travel required of the consumer to acquire such goods and services.

d. Allow for residential and mixed-use projects to increase the opportunities for people to live, work, shop, and recreate within walking distance.

e. Not locate new community retail districts closer than three-fourths of a vehicular mile from one another, or from any other district providing similar services or facilities.

2. Commercial Services - High Density District (CS-H).

This district is intended to:

a. Allow limited commercial services that supplement or enhance activities on the capitol campus, not large-scale retail sales for regional markets.

b. Allow high-density multifamily residences near the chief employment centers such as the Downtown Business District, the Capitol Campus, and the central waterfront.

c. Be located where high land values and public necessity warrant this type of development.

3. Auto Services (AS) District.

This district is intended to:

a. Encourage development of a regional center for auto sales and services and related uses.

b. Discourage development incompatible with auto sales and services.

4. Urban Waterfront (UW) District.

This district is intended to:

a. Integrate multiple land uses in the waterfront area of downtown and the West Bay in a way that improves the City’s appeal and identity as the Capital City on Budd Inlet.

b. Encourage high-amenity recreation, tourist-oriented, and commercial development which will enhance public access and use of the shoreline.

c. Encourage development that protects views of Budd Inlet, the Olympics, Mt. Rainier, and the Capitol, and preserves a sense of openness on the waterfront.

d. Encourage water-dependent and water-related development (as defined in the Shoreline Master Program for the Thurston Region) on shoreline properties and permit light manufacturing uses which support nearby industrial and marine related uses.

e. Provide shoreline public access to significant numbers of the population, which is a major goal of the Shoreline Master Program for the Thurston Region. It is also the intent of this district to integrate the policies of the Shoreline Master Program for the Thurston Region into zoning designations applicable to waterfront properties. It is not the intent of this district, however, to make the restrictions of the Shoreline Master Program legally applicable outside the shoreline management zone.

5. Downtown Business District (DB).

This district is intended to:

a. Encourage a wide range of activities which make downtown Olympia the cultural, civic, commercial, and employment heart of the community.

b. Retain existing downtown housing and encourage additional development of a dense mix of urban housing which is located near jobs, shopping, and transit.

c. Provide a full range of urban services, tourism, recreation, and entertainment activities to support downtown workers, residents, and visitors.

d. Encourage pedestrian-oriented land uses and design, in order to link downtown activity to the Capitol Campus and the waterfront, and to the gateways to the City.

e. Permit development of a scale, height, and bulk which reinforces downtown Olympia’s historic character, buildings, places, and street layout. Modern architecture is appropriate if it is consistent with the City’s urban design vision.

6. General Commercial District (GC).

This district is intended to:

a. Provide for those commercial uses and activities which are heavily dependent on convenient vehicular access.

b. Encourage the location of such uses on sites having safe and efficient access to major transportation routes.

c. Discourage extension of "strip" development by filling in available space in areas where substantial auto-oriented commercial development already exists.

d. Provide development standards which enhance efficient operation of these districts, and lead to more pedestrian-oriented development.

e. Achieve minimum adverse impact on the community, especially on adjacent properties having more restrictive development characteristics.

7. Medical Service District (MS).

This district is intended to:

a. Allow the development of major and full-service health care facilities to serve a regional population.

b. Permit the clustering of interrelated and complementary health care facilities.

c. Permit limited types of nonmedical uses which provide convenience services primarily to medical facility users and employees.

d. Allow relatively high density housing near medical facilities to help meet the needs of the large number of people employed there.

e. Allow developments which will provide maximum convenience to medical facility users and employees, and an environment conducive to the healing arts. Incompatible land uses and traffic generated by uses other than those providing medical and related services are to be avoided.

8. Neighborhood Retail District (NR).

This district is intended to:

a. Permit small retail establishments which offer a limited range of goods within a residential neighborhood.

b. Protect existing neighborhood retail districts and permit new establishments where local economic demand and appropriate design can assure compatibility with the neighborhood.

c. Be located not less than one-half (1/2) mile from another neighborhood retail district or any other commercial district providing similar services or facilities.

d. Have a maximum size for a Neighborhood Retail district of not more than one (1) acre.

e. Limit the size, scale and expansion of such establishments in order to minimize traffic volumes and congestion, and other adverse impacts on the neighborhoods in which said establishments are located.

f. Ensure that development in this district is characterized by small buildings, low traffic generation, considerable walk-in trade, quiet operations and little or no night activity.

9. Professional Office/residential Multifamily District (PO/RM).

This district is intended to:

a. Provide a transitional area, buffering residential areas from more intensive commercial uses. Development within this district should be compatible with residential uses and generate low vehicular traffic characteristic of less intrusive uses.

b. Provide for a compatible mix of office, moderate- to high-density residential, and small-scale commercial uses, in order to provide opportunities for people to live, work, and recreate in a pedestrian-oriented area.

10. High Density Corridor-1 (HDC-1).

This district is intended to:

a. Provide for a compatible mix of office, moderate to high-density multifamily residential, and small-scale commercial uses.

b. Ensure that residential and mixed-use projects are built within walking distance to transit.

c. Establish a street edge that is as continuous as possible with buildings which are close to the street and which have multiple floors, distinctive windows facing the street, and entrances that are visible from the street.

d. Ensure that projects are designed, using a neighborhood area design theme in order to blend with the historic buildings in the corridor and the adjacent neighborhoods.

e. Create a safe, convenient, and attractive environment for pedestrians, transit riders and bicyclists, and which includes parking and convenient access for vehicles.

11. High Density Corridor-2 (HDC-2).

This district is intended to:

a. Provide for a compatible mix of office, medium intensity commercial and moderate to high-density multifamily residential uses.

b. Ensure that residential and mixed-use projects are built within walking distance to transit.

d. Ensure that projects (buildings) are designed, using a neighborhood area design theme in order to blend with the historic buildings in the corridor and the adjacent neighborhoods.

e. Create a safe, convenient, and attractive environment for pedestrians, transit riders, and bicyclists, and which includes parking and convenient access for vehicles.

12. High Density Corridor-3 (HDC-3).

This district is intended to:

a. Provide for a compatible mix of medium to high-intensity commercial, offices, and moderate to high-density multifamily residential uses.

b. Ensure that access to transit is a part of all new projects.

d. Create a safe, convenient, and attractive environment for pedestrians, transit riders, and bicyclists, and which includes parking and access for vehicles.

13. High Density Corridor-4 (HDC-4).

This district is intended to:

a. Provide for a compatible mix of high-intensity commercial, offices, and high-density multifamily residential uses.

b. Transform these areas to commercial and residential activity centers, over time.

c. Ensure that access to transit is a part of new projects.

d. Establish a street edge that is as continuous as possible with buildings which are close to the street and which have multiple floors, distinctive windows facing the street, and entrances that are visible from the street.

e. Create a safe, convenient, and attractive environment for pedestrians, transit riders, and bicyclists, and which includes parking and access for vehicles.

14. Urban Waterfront - Housing District.

This district is intended to:

a. Provide for a neighborhood of residential housing with the option of limited retail/commercial/office or other uses able to locate in a street edge storefront configuration.

b. Help meet downtown housing and sustainability density goals, through the use of land for housing in a location, and at a density, that makes the use of a car a choice and not a necessity.

c. Contribute to downtown vitality.

d. Result in well designed buildings on continuous urban street edges.

e. Increase resident surveillance and all day use of public spaces to increase safety and decrease vandalism or other security problems.

f. Help the City achieve land use, transportation, environment, and housing goals.

(Ord. 6195 §16, 2002; Ord. 6073 §13, 2000; Ord. 5830 §2, 1998; Ord. 5569 §3, 1995; Ord. 5517 §1, 1995).

18.06.040 TABLES: Permitted and Conditional Uses

TABLE 6.01

PERMITTED AND CONDITIONAL USES
COMMERCIAL DISTRICT	NR	PO/RM	GC	MS	UW	UW-H	DB	AS	CSH	HDC-1	HDC-2	HDC-3	HDC-4	APPLICABLE REGULATIONS
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
1. EATING & DRINKING ESTABLISHMENTS
Drinking Establishments			P		P	P	P		C 18.06.060(P)		P	P	P
Drinking Establishments - Existing		P 18.06.060(GG)				P
Restaurants, with drive-in or drive-through			P										P
Restaurants, with drive-in or drive-through, existing			P				P 18.06.060(U)					C	P
Restaurants, without drive-in or drive-through	P 18.06.060(U)(3)	C	P	P 18.06.060(U)(2)	P	P	P 18.06.060(U)(1)	P	P	P	P	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
2. INDUSTRIAL USES
Industry, Heavy
Industry, Light			C		P/C 18.06.060(N)
On-Site Treatment & Storage Facilities for Hazardous Waste					P 18.06.060(Q)
Piers, Wharves, Landings					P
Printing, Industrial			C		P/C 18.06.060(N)
Publishing		C	C		P		P		C	C
Warehousing			P		P/C 18.06.060(AA)		P
Welding & Fabrication			C		P/C 18.06.060(N)		P
Wholesale Sales		C 18.06.060(BB)(3)	P		P/C	18.06.060(BB)		P		P	18.06.060(BB)(2)
Wholesale Products Incidental to Retail Business			P		P	P						P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
3. OFFICE USES (See also SERVICES, HEALTH)
Banks		P	P		P/C 18.06.060(D)(2)	P 18.06.060(D)(2)	P/C 18.06.060(D)(2)	P	P	P	P	P 18.06.060(D)(1)	P
Business Offices		P	P		P	P	P	P	P	P	P	P	P
Government Offices		P	P		P	P	P	P	P	P	P	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
4. RECREATION AND CULTURE
Art Galleries	P	P	P		P	P	P		P	P	P	P	P
Auditoriums and Places of Assembly			P		P	P	P					P	P
Boat Clubs					P	P
Boating Storage Facilities					P			P
Commercial Recreation		C	P		P	P	P	P		C	C	P	P
Health Fitness Centers and Dance Studios	P	P 18.06.060(L)	P	P	P	P	P	P	P	P 18.06.060(L)	P 18.06.060(L)	P	P
Libraries	C	C	C	C	P	P	P		P	C	P	P	P	18.04.060(V)
Marinas/Boat Launching Facilities					P 18.06.060(CC)	P
Museums		C	P		P	P	P		P	C	C	P	P	18.04.060(V)
Parks, Neighborhood	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(T)
Parks & Playgrounds, Other	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(T)
Theaters (Drive-in)			C
Theaters (No drive-ins)			P		P	P	P				C	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
5. RESIDENTIAL
Apartments		P	P	P 18.06.060(T)	P	P	P		P	P	P	P	P
Apartments above ground floor in mixed use development	P	P	P	P 18.06.060(T)	P	P	P		P	P	P	P	P
Boarding Houses		P	P	P 18.06.060(T)	P	P	P		P	P	P	P	P
Co-Housing		P	P			P	P			P	P		P
Duplexes	P	P	P	P 18.06.060(T)			P		P	P	P		P
Fraternities, Dormitories		C	P	P 18.06.060(T)	P	P	P		P	C	P	P	P
Group Homes (6 or less)	P	P	P 18.06.060(K)	P 18.06.060(T)	P	P	P 18.06.060(K)		P	P	P	P 18.06.060(K)	P 18.06.060(K)	18.04.060(K)
Group Homes (7 or more)	C	C	C 18.06.060(K)	C 18.06.060(T)	C	C	C 18.06.060(K)		C	C	C	C 18.06.060(K)	P 18.06.060(K)	18.04.060(K)
Mobile or Manufactured Homes Park - Existing		C	C	C 18.06.060(T)						C			C	18.04.060(P)
Quarters for Night Watch person/Caretaker					P	P
Retirement Homes		P	P	P 18.06.060(T)	P	P	P		P	P	P	P	P
Single-Family Residences	P	P	P	P 18.06.060(T)			P		P	P	P	P	P
Single Room Occupancy Units			C		P	P	P		P				C
Townhouses	P	P	P	P 18.06.060(T)		P	P		P	P	P	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
6. RETAIL SALES
Apparel and Accessory Stores			P		P	P	P					P	P
Boat Sales and Rentals			P		P	P	P	P					P
Building Materials, Garden and Farm Supplies	P		P		P	P	P					P	P
Commercial Greenhouses, Nurseries, Bulb Farms	C	C 18.04.060(G)	C	C					C		P	P		18.04.060(G)
Electric Vehicle Infrastructure	P	P	P	P	P 18.06.060(W)	P 18.06.060(W)	P 18.06.060(W)	P	P	P	P	P	P
Food Stores	P	P 18.06.060(H)	P		P	P	P		P	P 18.08.060(H)	P	P	P
Furniture, Home Furnishings, and Appliances			P		P	P	P				P	P	P
Gasoline Dispensing Facilities accessory to a permitted use	P 18.06.060(W)(4)		P		P 18.06.060(W)		P 18.06.060(W)(2)	P				P 18.06.060(W)	P 18.06.060(W)
Gasoline Dispensing Facility accessory to a permitted use - Existing	P 18.06.060(W)		P		P 18.06.060(W)		P 18.06.060(W)				P	P 18.06.060(W)	P
General Merchandise Stores	P	P 18.06.060(J)	P		P	P	P			P 18.06.060(J)	P	P	P
Mobile, Manufactured, and Modular Housing Sales			P
Motor Vehicle Sales			P				P	P					P
Motor Vehicle Supply Stores			P		P	P	P	P			P	P	P
Office Supplies and Equipment		P 18.06.060(DD)	P		P	P	P		P	P 18.06.060(DD)	P	P	P	18.06.060(CC)
Pharmacies and Medical Supply Stores	P	P 18.06.060(EE)	P	P	P	P	P		P	P 18.06.060(EE)	P	P	P	18.06.060(DD)
Specialty Stores	P 18.06.060(Y)(3)	P 18.06.060(Y)(4)	P	C 18.06.060(Y)(2)	P	P	P			P 18.06.060(Y)(4)	P	P 18.06.060(Y)(1)	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
7. SERVICES, HEALTH
Hospitals				P			P		P
Nursing, Congregate Care, and Convalescence Homes	C	C	C	P			C		C	C	C	P	P	18.04.060(S)
Offices, Medical		P	P	P	P	P	P	P	P	P	P	P	P
Veterinary Offices/Clinics			P								P	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
8. SERVICES, LODGING
Bed & Breakfast Houses (1 guest room)	P	P 18.06.060(E)	P 18.06.060(E)	P 18.06.060(E)	P	P	P			P	P	P	P	18.04.060(L)(3)(c)
Bed & Breakfast Houses (2 to 5 guest rooms)	C	P 18.06.060(E)	P 18.06.060(E)	P 18.06.060(E)	P	P	P		C	P	P	P	P	18.04.060(L)(3)(c)
Hotels/Motels			P	C	P		P		P				P
Lodging Houses		P	P	P	P		P		P	P	P	P	P
Recreational Vehicle Parks			P										P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
9. SERVICES, PERSONAL
Adult Day Care Home	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(L)(3)(b)
Child Day Care Centers	C	P	P	P	P	P	P		P	P	C	P	P	18.04.060(D)
Crisis Intervention	C	P	C	P			P		C	P	C	C	C	18.04.060(I)
Family Child Care Homes	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(L)
Funeral Parlors and Mortuaries		C	P				P			C		P	P
Laundries and Laundry Pick-up Agencies	P	P	P	P	P	P	P			P	P	P 18.06.060(O)	P
Personal Services	P	P	P	P	P	P	P	P	P	P	P	P	P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
10. SERVICES, MISCELLANEOUS
Auto Rental Agencies			P		P	P	P	P			C	P	P
Equipment Rental Services, Commercial			P		P		P				P	P	P
Equipment Rental Services, Commercial - Existing		P 18.06.060(FF)
Ministorage			P				P
Printing, Commercial	P	P	P		P	P	P		P	P	P	P	P
Public Facilities (see also Public Facilities, Essential on next page)	C	C	C	C	P	C	P	P	P	C	C	C	C	18.04.060(V)
Radio/T.V. Studios		P	P		P	P	P		P	P	P	P	P
Recycling Facilities	P	P	P	P	P		P		P	P	P	P	P	18.06.060(V)
School - Colleges and Business, Vocational or Trade Schools		C	P		P	P	P		P	C	C	C	P	18.06.060(X)
Service and Repair Shops			P				P	P				P	P
Service Stations/Car Washes			P				P 18.06.060(W)	P				P 18.06.060(W)	P 18.06.060(W)
Service Stations/Car Washes - Existing			P		P 18.06.060(W)		P 18.06.060(W)				P	P 18.06.060(W)	P 18.06.060(W)
Servicing of Personal Apparel and Equipment	P	P	P		P	P	P			P	P	P	P
Truck, Trailer, and Recreational Vehicle Rentals			P					P
Workshops for Disabled People	C	C	C	C	P	C	P		C	C	C	C	C	18.04.060(R)
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
11. PUBLIC FACILITIES, ESSENTIAL
Airports			C										C	18.06.060(G)
Inpatient Facilities		C	C	C 18.06.060(T)	C		C		C	C	C	P	P	18.06.060(G) 18.04.060(K)
Jails			C		C		C		C				C	18.06.060(G)
Mental Health Facilities			C	C 18.06.060(T)	C		C						C	18.06.060(G) 18.04.060(K)
Other Correctional Facilities		C	C	C 18.06.060(T)	C	C	C		C	C	C	C	C	18.06.060(G)
Other facilities as designated by the Washington State Office of Financial Management, except prisons and solid waste handling facilities		C	C		C		C			C	C	C	C	18.06.060(G)
Radio/TV and Other Communication Towers and Antennas	C	C	C	C	C	C	C	C	C	C	C	C	C	18.06.060(G) 18.44.100
Sewage Treatment Facilities	C	C	C	C	P		P		C	C	C	C	C	18.06.060(G) 18.04.060(X)
State Education Facilities		C	C		C		C		C	C	C	C	C	18.06.060(G) 18.06.060(X)
State or Regional Transportation Facilities	C	C	C	C	C	C	C		C	C	C	C	C	18.06.060(G)
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
12. TEMPORARY USES
Entertainment Events			P		P	P	P						P
Off Site Contractor Offices	P	P	P	P	P	P	P	P	P	P	P	P	P	18.04.060(DD)
Emergency Housing	P	P	P	P	P			P	P	P	P	P	P	18.04.060(DD)
Fireworks, as determined by Fire Dept.			P		P	P	P				P	P	P	9.48.160
Mobile Sidewalk Vendors		P	P	P	P	P	P			P	P	P	P
Parking Lot Sales			P		P	P	P	P			P	P	P
Residences Rented for Social Event (6 or less in 1 year)	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(DD)
Residences Rented for Social Event (7 or more in 1 year)	C	C	C	C	C	C	C		C	C	C	C	C
Temporary Surface Parking Lot		P	P		P	P	P		P
District-Wide Regulations	18.06.060(R)				18.06.060(F)(2)	18.06.060(HH)	18.06.060(F)(2)
13. OTHER USES
Accessory Structures/Uses
Adult Oriented Businesses			P										P	18.06.060(B)
Agriculture	P	P	P	P					P	P	P	P	P
Animals	P	P	P	P	P	P	P		P	P	P	P	P	18.06.060(C)
Cemeteries	C	C	C	C					C	C	C		C
Conference Center			P		P	P	P						P
Fraternal Organizations		P	P		P	P	P		P/C 18.06.060(I)	P	P	P	P
Gambling Establishments			C
Garage/Yard/Rummage and Other Outdoor Sales	P	P	P	P	P	P	P		P	P	P	P	P	5.24
Home Occupations	P	P	P	P	P	P	P		P	P	P	P	P	18.04.060(L)
Parking Facility, Commercial		P	P		P	P	P 18.06.060(S)			P	P	P 18.06.060(S)	P	18.04.060(V)
Places of Worship	C	C	P	C	P	P	P		C	C	C	P	P	18.04.060(U)
Racing Pigeons	C	C	C	C					C	C	C	C	C	18.04.060(Y)
Satellite Earth Stations	P	P	P	P	P	P	P	P	P	P	P	P	P	18.44.100
Schools	C	C	P	C	C	C	C		C	C	C	P	P	18.04.060(DD)
Utility Facility	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	18.04.060(X)
Wireless Communications Facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	18.44


LEGEND
P = Permitted Use	PO/RM = Professional Office/Residential Multifamily	GC = General Commercial	HDC-1=High Density Corridor-1
MS = Medical Services	PO/RM = Professional Office/Residential Multifamily	UW = Urban Waterfront	HDC-2=High Density Corridor-2
DB = Downtown Business	AS=Auto Services	UW-H = Urban Waterfront-Housing	HDC-3=High Density Corridor-3
C = Conditional Use	NR = Neighborhood Retail	CSH = Commercial Services-High Density	HDC-4=High Density Corridor-4

(Ord. 6759 §5, 2011; Ord. 6592 §5, 2008)

18.06.040 Permitted, conditional and prohibited uses

A. PERMITTED AND CONDITIONAL USES.

Table 6.01, Permitted and Conditional Uses, identifies land uses in the commercial districts which are permitted outright (P) or subject to a Conditional Use Permit (C). The applicable requirements for these uses and activities are identified by a number referencing the list of use regulations under Section 18.06.060, Use Standards. Numbers listed under the heading Applicable Regulations apply to the corresponding land use in all of the commercial districts. Regulations that pertain only to a specific use in a specific district are identified by a number in the space corresponding to that use and district. (Also see Section 18.06.080, Development Standards--General, and 18.06.100, Development Standards--Specific.)

B. PROHIBITED AND UNSPECIFIED USES.

Land uses which are not listed as permitted or conditional uses are prohibited unless authorized by the Director of Community Planning and Development (or the Hearing Examiner on appeal) consistent with Section 18.02.080, Interpretations. However, in no event shall secure community transition facilities be permitted.

(Ord. 6395 §27, 2006; Ord. 6273 §33, 2003; Ord. 6210 §5, 2002; Ord. 6195 §36, 2002; Ord. 6140 §42, 2001; Ord. 6092 §5, 2001; Ord. 6073 §31, 2000; Ord. 5861 §5, 1998; Ord. 5830 §56, 1998; Ord. 5801 §4, 1998; Ord. 5664 §13, 1997; Ord. 5661 §2, 1996; Ord. 5569 §3, 1995; Ord. 5517 §1, 1995).

18.06.060 Commercial districts’ use standards

A. Accessory Uses and Structures.

Only those uses that meet the definition of an Accessory Use as defined under this chapter will be permitted in the zones outlined in the tables of this chapter.

B. Adult Oriented Businesses.

1. Location. Adult oriented businesses may be permitted, but only if the following separation and distance conditions are met:

a. No adult oriented businesses shall be located closer than one thousand (1,000) feet to another such business whether such other business is located within or outside the city limits. Said distance shall be measured by following a straight line from the nearest point of public entry into the structure which will house the proposed adult facility to the nearest point of public entry into the structure housing another adult facility.

b. No adult oriented businesses may be located closer than two hundred fifty (250) feet from the nearest point of the boundary of a General Commercial (GC, or High Density Corridor-4 (HDC-4) district; PROVIDED, this restriction shall not apply to a proposed business with respect to a particular zone boundary when the proposed site of the business is separated from said boundary by an arterial street of at least four (4) travel lanes in width.

c. No adult oriented businesses shall be located closer than three hundred thirty (330) feet of any of the following uses whether such use is located within or outside the city limits:

i. Any residential use;

ii. Family child care home;

iii. Child day care center;

iv. Preschool facility; and

v. Nursery school;

vi. The point of ingress to or egress from any public trail identified in the city’s Comprehensive Plan, Urban Trails, except when such point is separated from the proposed business by a four-lane or wider street arterial.

d. No adult oriented businesses shall be located closer than one thousand three hundred twenty (1,320) feet to any of the following uses whether such use is located within or outside the City limits:

i. Public park;

ii. Public or private primary or secondary schools, colleges and universities; and

iii. Places of worship (e.g., church, temple or synagogue or other facility primarily devoted to the teaching or practice of religious beliefs);

iv. Public library

e. Such distance shall be measured by following a straight line distance between the point of public entry into the structure housing the adult facility and:

i. The nearest point on a property line of a public park; or

ii. The nearest point of public entry to any residential use, public library, child day care home, child day care center, preschool, nursery school, public or private primary or secondary school, college, university, church, temple, or synagogue, or other facility primarily devoted to the teaching or practice of religious beliefs, or the nearest point on the perimeter of the area actually used in conjunction with any such use, whichever is closer.

For purposes of this ordinance, "actually used in conjunction with" means areas used for the primary and related structures, yards, parking lots, designated play areas and other areas used to determine site coverage under this code.

f. Waiver of Distance Requirements. The following procedures and criteria shall be adhered to with regard to a request for waiver of distance requirements:

i. Distance waiver required. Any party proposing to locate an adult facility within less than the required distances from uses or zones as specified in this ordinance may do so only after obtaining a waiver therefor from the Hearing Examiner through a conditional use permit.

ii. Waiver notice requirements. In addition to the notice requirements for conditional use permits, first class mailing notice shall be made to all parties within either distance set forth in subsections 18.06.060(B)(1)(c) and (d), depending upon the use in question. The applicant shall provide the names and addresses of all property owners and businesses within said distances from the proposed use.

iii. Criteria for decision. The final decision on the request for waiver of distance shall be made by the Hearing Examiner, based on consideration of the following:

(a) The extent to which physical features would result in an effective separation in terms of visibility and access.

(b) Compatibility with adjacent and surrounding land uses.

(d) Ability to avoid the adult facility by alternative vehicular and pedestrian routes.

2. Intervening Uses. Uses and zones specified in Subsection 18.06.060(B)(1)(c) and (d) shall not be allowed to locate within the specified distances of an adult oriented business. Any party proposing to locate such a use or zone within the specified distances of an adult facility is considered an intervening use and may do so only after obtaining a distance waiver pursuant to the provisions of Subsection 18.06.060(B)(1)(f) of this code regarding waiver of distance requirements; provided, that notice requirements shall conform with the provisions of Section 18.78.020 of the Olympia Municipal Code; and provided further, that the owner seeking to expand a sensitive use specified in Subsections 18.06.060(B)(1)(c) or (d) into a separation area provided herein need not procure a waiver of distance requirement under (B)(1)(f) herein if such expansion is to be done on the same parcel on which the sensitive use is located and no new lots are thereby created.

3. Adult Oriented Businesses - Forbidden in Other Zones. The allowance of adult oriented businesses shall be limited to the General Commercial (GC, or High Density Corridor-4 (HDC-4) zones and such uses are forbidden in all other zones within the City of Olympia.

C. Animals. All Commercial Districts:

1. Quantity. Not more than three (3) dogs, cats and untraditional pets such as potbelly pigs and rabbits (four (4) months of age or older) shall be permitted per dwelling unit. (Traditional pets/animals are defined as animals which can be house-broken, walked on a leash, are frequently, but not necessarily, housed within a residence and are neither obnoxious nor a public safety or health threat.)

2. Birds. Fowl, such as chickens, ducks and geese are prohibited. This does not apply to song birds or other traditional pet birds (e.g., parrots). [NOTE: The keeping of racing and performing pigeons is permitted as a conditional use.]

3. Farm Animals. Swine (other than potbelly pigs) and goats are prohibited.

4. Large Parcels. The keeping of other animals and pets, which are not specifically prohibited above, is permitted, provided that:

a. There shall be no more than one (1) animal per acre, in additional to those animals and pets permitted in 1 and 2 above, and

b. Such animals shall be confined within a suitably fenced area which shall be located no closer than fifty (50) feet from any property line, and

c. Their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular.

D. Banks.

1. High Density Corridor-3 (HDC-3) Requirements. Banks which offer only drive-through service (i.e., which serve customers exclusively in or on their vehicles) are not permitted.

2. Urban Waterfront (UW) and Downtown Business (DB) District Requirements. Drive-through banks may be permitted with a conditional use permit if the proposed project meets the Street Edge Development Standards of the Pedestrian Streets Overlay District, Chapter 18.16 OMC. The proposed project may be exempted from the Pedestrian-Oriented Street Wall Requirement under the "Pedestrian Streets Overlay District Requirements" if it is found that:

a. The proposed design meets the intent of the Pedestrian Streets Overlay District, "Pedestrian Streets Overlay District Requirements"; and

b. The building site presents unusual conditions which require an alternative design to accomplish the intent of the Pedestrian Streets Overlay District, "Pedestrian Streets Overlay District Requirements."

E. Bed and Breakfast Houses. Professional Office/Residential Multifamily (PO/RM), High Density Corridor-1 (HDC-1), General Commercial (GC), High Density Corridor-4 (HDC-4), and Medical Services (MS) districts requirements: All Bed and Breakfast Houses are subject to the Bed and Breakfast House requirements in residential districts, Section 18.04.060(L)(3)(c).

F. Drive-Through and Drive-In Uses.

1. High Density Corridor-3 (HDC-3) Requirements. Businesses which serve customers exclusively in their vehicles are prohibited. This includes uses such as drive-through laundry pick-up agencies, drive-through-only banks, and drive-through photo processing services. This does not include car washes. Restaurants are not permitted to have drive-up or drive-through facilities.

2. Downtown Business and Urban Waterfront (UW) Requirements. Drive-through and drive-in uses are prohibited as a primary or accessory use (exception: drive-through banks are a conditional use). Existing drive-in and drive-through restaurants permitted before January 1, 1994, are conforming uses. Such uses shall be treated the same as other allowed uses, consistent with applicable regulations or conditional use requirements. Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

G. Public Facilities, Essential.

1. Regulations applicable to all commercial zoning districts. Essential public facilities are subject to the procedures and conditions listed in Section 18.04.060(W), as well as any other applicable provisions of this Title.

2. Community Retail District (CMR) and Professional Office/Residential Multifamily District (PO/RM) Regulations. "Other facilities as designated by the Washington State Office of Financial Management, except prisons and solid waste handling facilities" (see Table 6.01 above) shall be limited to office uses.

3. General Commercial District (GC), High Density Corridor-4 (HDC-4), Urban Waterfront (UW), and Downtown Business District (DB) Regulations. "Other facilities as designated by the Washington State Office of Financial Management, except prisons and solid waste handling facilities" (see Table 6.01 above) shall be limited to those office uses, industrial uses, recreation and culture uses otherwise allowed in these districts. In addition to the requirements for Essential Public Facilities, these uses shall meet all other applicable regulations of this Chapter and Title.

H. Food Stores. Professional Office/Residential Multifamily District (PO/RM), and High Density Corridor-1 (HDC-1) Requirements: Food stores are allowed up to a maximum size of five thousand (5,000) square feet of gross floor area. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

I. Fraternal Organizations. Fraternal organizations are permitted within the CSH zone district under the condition that if alcohol is served, the use shall be subject to all requirements governing nightclubs, taverns and lounges (see Section 18.06.060(P) Nightclubs and Taverns, below).

J. General Merchandise Stores. Professional Office/Residential Multifamily District (PO/RM), and High Density Corridor-1 (HDC-1) Requirements: General Merchandise stores shall have a maximum size of five thousand (5,000) square feet of gross floor area. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

K. Group Homes.

1. General requirements for group homes are identified in subsection 18.04.060(L).

2. Downtown Business District (DB) Requirements. There is no minimum lot size for group homes with up to twenty (20) unrelated residents, exclusive of on-site operators.

3. General Commercial District (GC), High Density Corridor-3 (HDC-3), High Density Corridor-4 (HDC-4), and Medical Services District (MS) Requirements. The Hearing Examiner may relax the minimum lot size standard in paragraph 18.04.060(K)(3) where the characteristics of the home so warrant.

L. Health Fitness Centers and Dance Studios. Professional Office/Residential Multifamily (PO/RM), High Density Corridor-1 (HDC-1), and High Density Corridor-2 (HDC-2) District Requirements: These uses shall have a maximum size of five thousand (5,000) square feet of gross floor area. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

M. Industry, Heavy. CW - 1 Zone District: Manufacturing, compounding, processing, treatment or assembly of products--except those which cause excessive danger or offense--is permitted within this district. Heavy industrial uses are not permitted south of Corky Street.

N. Industry, Light.

1. Urban Waterfront (UW) Requirements. Light industry is a permitted use east of Washington Street. It is a conditional use west of Washington Street.

O. Laundry and Laundry Pick-Up Agency. High Density Corridor-3 (HDC-3) Requirements: No drive-through facilities are allowed for drop-off or pick-up of laundry.

P. Nightclubs and Taverns. Commercial Services - High Density (CS-H) District Requirements: Night clubs, taverns and lounges are a conditional use, subject to the following conditions:

1. Setback. No building shall be located closer than sixty (60) feet from a property line abutting a residential use.

2. Noise Insulation. The building shall be of sound-reducing construction that will assure compliance with the sound emission requirements of Section 18.40.080, Property Protection Standards.

3. Loudspeakers. There shall be no outside loudspeakers.

Q. On-Site Treatment and Storage Facilities for Hazardous Waste. Urban Waterfront (UW) District Requirements: These facilities are allowed only as an accessory use, subject to siting criteria pursuant to Chapter 70.105 RCW.

R. Operating Hours - Neighborhood Retail (NR) District. Operating hours for businesses in the NR District shall be limited to the hours between 6:00 a.m. and 11:00 p.m. A later opening time and/or an earlier closing time may be required if necessary to assure compatibility with the adjacent residential neighborhood.

S. Parking Facilities and Garages.

1. High Density Corridor-3 (HDC-3) Requirements. Parking lots established as separate, primary uses are a conditional use. The proposed parking lot shall exclusively serve specifically identified uses in or adjacent to the district to accommodate shared employee or customer parking or off-site employee parking. The uses served by the lot may change over time.

2. Downtown Business District (DB) Requirements. Public plazas, temporary surface parking lots (See OMC 18.04.060(EE)(1)(h)), or structured parking is permitted. Parking lots not associated with a permitted or conditional use are prohibited. All existing parking lots permitted before January 1, 1994, are conforming uses. Such lots shall be treated the same as other allowed uses, consistent with applicable regulations. Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

T. Residential Restrictions in the Medical Services District (MS). Residential uses may not be constructed within six hundred (600) feet of Lilly Road except above the ground floor in mixed use buildings.

U. Restaurants.

1. Downtown Business (DB) District Requirements. New drive-in and drive-through restaurants are not permitted. All existing drive-in and drive-through restaurants permitted before January 1, 1994, are conforming uses. Such uses shall be treated the same as other allowed uses, consistent with applicable regulations. Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

2. Medical Services (MS) District Requirements. Restaurants may be allowed as a conditional use where it can be demonstrated that the medical community or the consumers of medical services are clearly and primarily benefitted by the convenience of the facilities.

3. Restaurants in the Neighborhood Retail District shall be limited to one thousand (1000) square feet of gross floor area and shall not require nor include a Type I Hood as defined in the Uniform Mechanical Code.

V. Recycling Facilities. Only Type I Recycling Facilities are allowed in the following districts: Neighborhood Retail (NR), Community Retail (CMR), Professional Office/Residential Multifamily (PO/RM), Medical Services (MS), Urban Waterfront (UW), High Density Corridor-1 (HDC-1), High Density Corridor-2 (HDC-2), High Density Corridor-3 (HDC-3), High Density Corridor-4 (HDC-4), and Commercial Services-High Density (CS-H).

W. Electric Vehicle Infrastructure, Service Stations and Car Washes.

1. High Density Corridor-3 (HDC-3) District Requirements. Car washes are permitted only in conjunction with a service station.

2. High Density Corridor-3 (HDC-3) and High Density Corridor-4 (HDC-4) District Requirement. Service stations and car washes are not permitted to locate on corner properties at intersections. Services stations and car washes vested before January 20, 2001 are conforming uses.

3. Downtown Business District (DB) Requirements.

a. Service stations, car washes and accessory uses are not permitted, except on those properties located south of Union Street and east of Plum/Henderson (see Figure 6-1) or where otherwise listed as allowed under this section. This also applies to gasoline dispensing facilities accessory to a permitted use.

b. All existing service stations permitted before January 1, 1994, are conforming uses. Such uses shall be treated the same as other allowed uses, consistent with applicable regulations.

c. Detached drive-thru restaurants of less than 200 square feet without Type I hoods are permitted as an accessory use to service stations in this District.

d. Electric Vehicle Infrastructure is permitted as an accessory use in the Downtown Business District if it meets the criteria set forth in OMC 18.04.060GG.

FIGURE 6-1

Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

4. Urban Waterfront (UW) Requirements.

a. New service stations and car washes are not permitted. This also applies to gasoline dispensing facilities accessory to a permitted use. EXCEPTION: gasoline dispensing facilities accessory to a marina or boat club are permitted.

b. All existing service stations and car washes permitted before January 1, 1994, are conforming uses. Such uses shall be treated the same as other allowed uses, consistent with applicable regulations. Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

c. Electric Vehicle Infrastructure is permitted as an accessory use in the Urban Waterfront (UW) District if it meets the criteria set forth in OMC 18.04.060GG.

5. Neighborhood Retail District (NR) and Community Retail (CMR) District Requirements. State or regional transportation facilities shall be linear facilities only, such as roads or railroads.

a. Underground petroleum storage tanks are prohibited within the Allison Springs aquifer recharge area.

b. No more than four (4) gas dispensing devices serving a maximum of eight (8) vehicles at one time are permitted at convenience stores/gas stations in the CMR District.

c. No more than two (2) gas dispensing devices serving a maximum of four (4) vehicles at one time are permitted at convenience stores in the NR District.

6. Urban Waterfront Housing (UW-H) Requirements.

a. Electric Vehicle Infrastructure is permitted as an accessory use in the Urban Waterfront Housing (UW-H) District if it meets the criteria set forth in OMC 18.04.060GG.

X. School - Colleges and Commercial, Business or Trade Schools. The following requirements apply to all colleges and commercial, business or trade schools requiring a Conditional Use Permit hereafter erected, established or relocated.

1. Lot Size. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area of a school in excess of four (4) students shall be based upon a determination made by the Hearing Examiner.

2. Setbacks. Setbacks and screening shall be sufficient to protect neighboring uses.

3. Traffic. The Hearing Examiner shall set such conditions as may be necessary to limit traffic impacts to levels that will be compatible with the neighborhood. If the traffic to be generated cannot be adequately mitigated without adverse impacts, the permit shall be denied.

Y. Specialty Stores.

1. High Density Corridor-3 (HDC-3) District Requirements. No drive-through facilities are allowed for retail uses, such as a pick-up window for photo processing.

2. Medical Services (MS) District Requirements. Retail developments such as florists, gift shops and the like may be allowed as a conditional use where it can be demonstrated that the medical community or the consumers of medical services are clearly and primarily benefitted by the convenience of such retail facilities.

3. Neighborhood Retail (NR) District Requirements. Specialty stores are limited to those selling such items as gifts, antiques, variety goods, light hardware, hobby supplies, garden supplies, reading materials and other small items used primarily in a private home.

4. Professional Office/Residential Multifamily District (PO/RM), and High Density Corridor-1 (HDC-1) Requirements. Specialty stores shall have a maximum gross floor area of five thousand (5,000) square feet. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

Z. Temporary Uses.

1. Intent. Certain uses, when active for a limited period of time and when properly regulated, can be compatible, or otherwise limited in impact to neighboring properties and the general community. In accord with this intent, no temporary use shall be allowed unless a temporary use permit is approved by the City as prescribed by this section. Each separately proposed activity or use shall require a separate permit and pay the fee required by OMC 4.40.010(A).

2. General Standards. Temporary uses are subject to the following regulations:

a. Temporary uses not listed in the use table of this chapter may be authorized by the applicable approval authority, provided such temporary uses are similar to and no more intensive than other temporary uses permitted in the district in which the subject property is located.

b. The applicable approval authority may apply additional conditions to any temporary use permit in order to:

i. Ensure compliance with this chapter;

ii. Ensure that such use is not detrimental to neighboring properties and the community as a whole; and

iii. Ensure compliance with the Building Code.

c. Within three (3) days after termination of the temporary use permit, such use shall be abated and all structures, signs and evidence of such use removed. The City may require a financial surety be posted by the applicant upon application to defray the costs of cleanup and repair of the property should the permittee fail to do so. The property owner is responsible for such abatement action and costs should the permittee fail to properly clean and repair the property.

d. Temporary use permits not exercised within thirty (30) days of issuance shall be null and void.

e. Unless otherwise stated in this section temporary use permits are valid from the date of issuance for ninety (90) consecutive days per calendar year.

f. Unless otherwise stated in this section no more than two (2) temporary use permits will be issued for any specific site per calendar year.

g. Nothing in this section shall exempt the applicant from obtaining all necessary applicable permits from all other agencies having jurisdiction.

h. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified in writing by the Planning Director or his designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties.

3. Specific Temporary Use Standards. The following temporary uses are permitted in commercial districts and the Evergreen Park PUD, subject to the following regulations:

a. Entertainment Events to include: circuses, carnivals and similar transient amusement enterprises, limited to operation of not more than twice each year, and not more than ten (10) consecutive days per event per site in any one (1) calendar year.

b. Off-site contractor’s Offices (including trailers and mobile homes) and storage yards associated with an active construction project, not to exceed one (1) year in duration.

c. Mobile Vendors.

i. Temporary use permits for mobile vendors are valid for one (1) year from the date of issuance.

ii. Approval from the property owner, or underlying property owner if located in a right-of-way, is required.

iii. Mobile vendors located within the sidewalk right-of-way must comply with the following rules:

(a). Only one mobile sidewalk vendor shall be permitted per block face.

(b). Public sidewalks used by mobile vendors shall have a minimum width of eight (8) feet.

(c). In no instance shall the clear walking area around a sidewalk vendor be less than forty-eight (48) inches. The clear walking area around a sidewalk vendor must be at least six (6) feet if within the downtown "Pedestrian Walking Lane" area delineated in OMC 9.16.180(B), Figure 1.

(d). The maximum length of space occupied by a mobile sidewalk vendor and equipment is eight (8) feet.

(e). Mobile sidewalk vendor stands must be readily movable at all times.

(f). Mobile sidewalk vendors shall locate their stands at the back of the sidewalk away from curb.

(g). All locations shall be approved on a first-come, first-serve basis.

(h). Mobile sidewalk vendors shall sign a Hold Harmless Agreement with the City of Olympia.

d. Parking lot and other outdoor sales of merchandise and/or services unrelated to the primary use of the property must comply with the following:

i. Merchandise displays may only occupy parking stalls which are in excess of city parking requirements.

ii. There shall be no obstruction of emergency exits, Fire Lanes or other Emergency apparatus.

iii. Sales areas shall be maintained in an attractive and trash-free manner.

iv. Sales areas shall not substantially alter the existing circulation pattern of the site.

e. Temporary, commercial wireless communications facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event. Such facilities must comply with all federal and state requirements. Temporary wireless communications facilities may be exempt from the provisions of Chapter 18.44 up to one week after the duration of the special event.

f. Temporary surface parking lots on previously developed property are allowed subject to approval by the Site Plan Review Committee, and are limited to a one time permit valid for two years. A one year extension may be granted by the Site Plan Review Committee if a complete Land Use Application has been submitted for review. All applications must provide a complete Site Plan and comply with the following:

i. A twenty by twenty (20'x20') foot paved surface at all approved points of ingress/egress.

ii. A dust-free surface.

iii. An erosion control and stormwater containment plan.

iv. Clear designation of parking spaces and drive aisles consistent with OMC 18.32.220 with striping and/or parking blocks. To prevent obstruction of public rights-of-way wheel blocks must be provided at the perimeter of the site.

v. No new or additional points of access.

vi. Provision for an enforceable compliance and closure agreement.

vii. May not be established on Pedestrian "A" streets per OMC 18.16.080(H).

4. Violations. At any time a temporary use is operated in violation of required conditions of this section or of the permit (Subsection 18.06.060(Z)(2)(b)) or otherwise found to constitute a nuisance, the City may take appropriate enforcement action including the process set forth at OMC 18.73.010.

AA. Warehousing.

1. Urban Waterfront (UW) District Requirements:

a. East of Adams Street and north of Olympia Avenue.

i. Warehousing is a permitted use.

b. Elsewhere in the District:

i. Warehouses are prohibited except when part of a larger project and included within the proposed building.

ii. All existing warehouses permitted before January 1, 1994, are conforming uses. Such warehouses shall be treated the same as other allowed uses, consistent with applicable regulations. Other uses made nonconforming by this zoning ordinance are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

BB. Wholesale Sales. The following Conditional Use Permit restrictions apply to wholesale uses:

1. Urban Waterfront (UW) District Requirements. Wholesale sales are a permitted use in those portions of the UW District which are not within the Pedestrian Streets Overlay District (see Chapter 18.16). In those portions of the UW District which are within the Pedestrian Streets Overlay District, wholesale sales may be allowed as a conditional use if the proposed project meets the Street Edge Development Standards of the Pedestrian Streets Overlay District. The proposed project may be exempted from the Pedestrian-Oriented Street Wall Requirement if:

a. The proposed design meets the intent of the Chapter; and

b. The building site presents unusual conditions which require an alternative design to accomplish the intent.

2. Commercial Services - High Density (CS-H) District Requirements. Permitted uses include those which offer specialized products at wholesale to other uses permitted in this district, including, but not limited to, office machine sales and repair services, and office supply sales.

CC. Marinas. Urban Waterfront (UW) District Requirements: As an accessory use, marinas may provide sites for recreational vehicles for users of the marina, at a rate of up to 1.5 sites per 100 mooring slips. These sites shall be provided with hook-ups for water, sewer, and electricity. Users of these sites shall be limited to two (2) weeks occupancy per year.

DD. Office Supplies and Equipment. High Density Corridor-1 (HDC-1), and Professional Office/Residential Multifamily District (PO/RM) Requirements. Office supplies and equipment stores shall have a maximum gross floor area of five thousand (5,000) square feet. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

EE. Pharmacies and Medical Supply Stores. High Density Corridor-1 (HDC-1), and Professional Office/Residential Multifamily District (PO/RM) Requirements. Pharmacies and medical supply stores shall have a maximum gross floor area of five thousand (5,000) square feet. EXCEPTION: In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

FF. Equipment Rental Services. Existing equipment rental services legally established as of July 2001 are conforming uses in the PO/RM District and shall be treated the same as other allowed uses, consistent with applicable regulations. In the PO/RM area west of Yauger Road adjacent to Harrison Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

GG. Drinking Establishments. Existing drinking establishments legally established (as of July 2001) are conforming uses in the PO/RM District and shall be treated the same as other allowed uses, consistent with applicable regulations. In the PO/RM area west of Yauger Road adjacent to Harrison/Mud Bay Road, maximum gross floor area shall be ten thousand (10,000) square feet.

HH. Urban Waterfront Housing. Up to a maximum of 1 FAR (floor area ratio) can be made up of allowed uses other than residential. (Refer to Pedestrian Street Overlay District 1816.060(B) for amount and location of commercial uses in a predominantly residential project on "A" streets.)

(Ord. 6759 §6, 2011; Ord. 6755 §2, 2011; Ord. 6592 §6, 2008; Ord. 6395 §22, 2006; Ord. 6309 §2, 2004; Ord. 6273 §8, §9, 2003; Ord. 6195 §17, 2002; Ord. 6140 §21, §22, §23, §24, §25, §26, §27, 2001; Ord. 6092 §2, 2001; Ord. 6073 §14, 2000; Ord. 5830 §6, 1998; Ord. 5714 §13, 1997; Ord. 5671 §3, 1997; Ord. 5664 §6, 1997; Ord. 5661 §2, 1996; Ord. 5569 §3, 1995; Ord. 5517 §1, 1995).

18.06.080 Commercial districts’ development standards (General)

A. General Standards. The standards contained in Table 6.02 (Commercial Districts’ Development Standards) relating to lot area, building setbacks, development coverage, building coverage, and building height apply to commercial districts as indicated. They may be a minimum requirement (e.g. minimum lot size), or a maximum allowance (e.g., maximum height). Many of the standards in Table 6.02 are summaries of more detailed information found in Section 18.06.100, Specific Development Standards.

(Ord. 6408 §41, 2006; Ord. 6317 §3, 2004; Ord. 6273 §34, 2003; Ord. 6195 §37, 2002; Ord. 6140 §43, 2001; Ord. 6073 §33, 2000; Ord. 5830 §56, 1998; Ord. 5664 §13, 1997; Ord. 5661 §2, 1996; Ord. 5569 §3, 1995; Ord. 5517 §1, 1995).

18.06.080 TABLES: Commercial Districts’ Development Standards

TABLE 6.02

COMMERCIAL DISTRICTS’ DEVELOPMENT STANDARDS
STANDARD	NR	PO/RM	GC	HDC-1	HDC-2	HDC-3	HDC-4 and HDC-4 Capital Mall	ADDITIONAL REGULATIONS
MINIMUM LOT SIZE	7,200 Sq. Ft.	No minimum, except 1,600 = cottage 3,000 = zero lot 1,600 sq. ft. minimum 2,400 sq. ft. average = townhouse 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,000 = other	No minimum, except 1,600 sq. ft. minimum 2,400 sq. ft. average = townhouse	No minimum, except 1,600 = cottage 3,000=zero lot 1,600 sq.ft. minimum 2,400 sq.ft average = townhouse 6,000 sq.ft. = duplex 7,200 sq.ft. = multifamily 4,000=other	No minimum, except 1,600=cottage 3,000=zero lot 1,600 sq.ft. minimum 2,400 sq.ft average = townhouse 6,000 sq.ft. = duplex 7,200 sq.ft. = multifamily 4,000 = other	No minimum, except 1,600 sq.ft. minimum 2,400 sq. ft. average = townhouse	No minimum, except 1,600 sq.ft minimum 2,400 sq.ft. average = townhouse.	See also 18.06.100(D) for regulations on existing undersized lots of record.
FRONT YARD SETBACK	See City-Wide Design Guideline: "Building Design - Orientation & Form of Commercial & Public Buildings," 18.20.090.	10’ maximum, if located in a High Density Corridor; 10’ minimum otherwise.	5’ minimum for residential otherwise none.	0-10’ See 18.06A.180	0-10’ See 18.06A.180	0-10’ See 18.06A.180	0-10’ See 18.06A.180	1. 50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets. 2. Must comply with clear sight triangle requirements, Section 18.40.060(C). 3. Must comply with site design standards, Chapter 18.06A.180.
REAR YARD SETBACK	15’ minimum.	10’ minimum; Except: 1. Next to an R 4, R 4-8, or R 6-12 district = 15’ minimum + 5’ for each bldg. floor above 2 stories. 2. Next to MR 7-13, MR 10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories.	10’ minimum; Except: 1. Next to single-family use or an R 4, R 4-8, or R 6-12 district = 15’ minimum + 5’ for each bldg. floor above 2 stories. 2. Next to MR 7-13, MR 10-18, RM-18, RM-24 or RMH district (refer to 1 above if adjacent use is single-family) = 10’ minimum + 5’ for each bldg. floor above 2 stories.	10’ minimum; Except: 1. Next to an R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each bldg. floor above 2 stories; 10 ft. where an alley separates HDC-1 from the above residential district. 2. Next to MR7-13, MR 10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories.	10’ minimum; Except: 1. Next to An R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each bldg. floor above 2 stories; 10 ft. where an alley separates HDC-2 from the above residential district. 2. Next to MR7-13, MR 10-18, RM-18, RM-24, or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories.	10’ minimum; Except: 1. Next to single-family use or an R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each bldg. floor above 2 stories. 2. Next to MR7-13, MR10-18, RM-18, RM-24 or RMH district (refer to 1 above if adjacent use is single-family) = 10’ minimum + 5’ for each bldg. floor above 2 stories.	10’ minimum; Except: 1. Next to single-family use or an R4, R4-8, or R6-12 district - 15’ minimum + 5’ for each bldg. floor above 2 stories. 2. Next to MR7-13, Mr10-18, RM-18, RM-24 or RMH district (refer to 1 above if adjacent use is single-family) = 10’ minimum + 5’ for each bldg. floor above 2 stories.	1. 50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets. 2. Must comply with site design standards, Chapter 18.06A.180.
SIDE YARD SETBACK	15’ minimum.	No minimum on interior, 10’ minimum on flanking street; Except: 1. Next to R 4, R 4-8, or R 6-12 district = 15’ minimum + 5’ for each building floor above 2 stories. 2. Next to MR 7-13, MR 10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories. 3. Residential excluding mixed use structures: 5’ except 6’ on one side of zero lot.	No Minimum; Except: 1. Next to R 4, R 4-8, or R 6-12 district = 15’ minimum + 5’ for each building floor above 2 stories. 2. Next to MR 7-13, MR 10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories. 3. Residential excluding mixed use structures: 5’ except 6’ on one side of zero lot.	No minimum on interior, 10’ minimum on flanking street; Except: 1. Next to R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each building floor above 2 stories. 2. Next to MR7-13, MR10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories. 3. Residential excluding mixed use structures: 5’ except 6’ on one side of zero lot.	No minimum on interior, 10’ minimum on flanking street; Except: 1. Next to R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each building floor above 2 stories. 2. Next to MR7-13, MR10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each building floor above 2 stories. 3. Residential excluding mixed use structures: 5’ except 6’ on one side of zero lot.	No Minimum; Except: 1. Next to R4, R4-8, or R6-12 district = 15’ minimum + 5’for each building floor above 2 stories. 2. Next to MR7-13, MR10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories. 3. Residential excluding mixed use structures; 5’ except 6’ on one side of zero lot.	No Minimum; Except: 1. Next to R4, R4-8, or R6-12 district = 15’ minimum + 5’ for each building floor above 2 stories. 2. Next to MR7-13, MR10-18, RM-18, RM-24 or RMH district = 10’ minimum + 5’ for each bldg. floor above 2 stories. 3. Residential excluding mixed use structures; 5’ except 6’ on one size of zero lot.	1. 50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets. 2. Must comply with clear sight triangle requirements, Section 18.40.060(C). 3. Residential sideyards can be reduced consistent with 18.04.080(H)(5). 4. Must comply with site design standards, Chapter 18.06A.180.
MAXIMUM BUILDING HEIGHT	Up to 35’, whichever is less.	Up to 35’, if any portion of the building is within 100’ of R 4, R 4-8, or R 6-12 district; Up to 60’ otherwise.	Up to 35’, if any portion of the building is within 100’ of R 4, R 4-8, or R 6-12 district; Up to 60’ otherwise; or up to 70’, if at least 50% of the required parking is under the building; or up to 75’, if at least one story is residential.	Up to 35’, if any portion of the building is within 100’ of R4, R4-8, or R6-12 district; Up to 60’ otherwise. Provided that one additional story may be built for residential development only.	Up to 35’ if any portion of the building is within 100’ of R4, R4-8, or R6-12 district; Up to 60’ otherwise. Provided that one additional story may be built for residential development only.	Up to 35’, if any portion of the building is within 100’ of R4, R4-8, or R6-12 district; Up to 60’ otherwise; or up to 70’, if at least 50% of the required parking is under the building; or up to 75’, if at least one story is residential.	Up to 35’, if any portion of the building is within 100’ of R4, R4-8, or R6-12 district; Up to 60’ otherwise; or up to 70’, if at least 50% of the required parking is under the building; or up to 75’, if at least one story is residential. See 18.06A.251(4) Significant Building Entry tower exemption (allows an additional 30’ for a tower element at Capital Mall). Up to 75’ for HDC-4 zoned properties where the proposed project provides for the development of replacement dwelling units in a development agreement and the project site is all or part of an area of 40 acres or more that was in contiguous common ownership in 2009.	1. Not to exceed height limit set by State Capitol Group Height District, 18.10.060, for properties near the State Capitol Campus. 2. Must comply with site design standards, Chapter 18.06A.180. 3. HDC-1 and HDC-2 additional story must comply with OMC 18.06.100.A.6.
MAXIMUM BUILDING COVERAGE	45%	70%, except 55% for residential only structures	70%; or 85% if at least 50% of the required parking is under the building.	70% for all structures	70% for all structures	70% for all structures, 85% if at least 50% of the required parking is under the building.	70% for all structures. 85% of the site if at least 50% of the required parking is under the building. On redeveloped sites, 85% if at least 50% of new required parking is under the building or in a structured parking form. 85% for HDC-4 zoned properties where the proposed project provides for the development of replacement dwelling units in a development agreement and the project site is all or part of an area of 40 acres or more that was in contiguous common ownership in 2009.	Must comply with site design standards, Chapter 18.06A.180.
MAXIMUM DEVELOPMENT COVERAGE	60%	85%, except 75% for residential only structures	85%	85% for all structures	85% for all structures	85% for all structures	85% for all structures	Must comply with site design standards, Chapter 18.06A.180.
ADDITIONAL DISTRICT-WIDE DEVELOPMENT STANDARDS	Maximum building size (gross sq. ft.): 3,000 for single use; 6,000 for mixed use.	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D) and Figure 6-3).	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D)).	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D)).	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D)).	Building Floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D)).	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(D)).	For properties in the vicinity of the Downtown, also see Pedestrian Streets Overlay District, Chapter 18.16. For retail uses over 25,000 square feet in gross floor area, see Section 18.06.100(G) Large Scale Retail Uses. EXCEPTION: Section 18.06.100(G) shall not apply to motor vehicle sales.


LEGEND
NR = Neighborhood Retail GC = General Commercial	PO/RM = Professional Office/Residential Multifamily	HDC-1=High Density Corridor-1 HDC-2=High Density Corridor-2 HDC-3=High Density Corridor-3 HDC-4=High Density Corridor-4

TABLE 6.02

COMMERCIAL DEVELOPMENT STANDARDS
STANDARD	MS	UW	UW-H	DB	CS-H	AS	ADDITIONAL REGULATIONS
MINIMUM LOT AREA	7,200 Sq. Ft.	No minimum.	No minimum.	No minimum.	7,200 Sq. Ft. if bldg. height is 35’ or less. 12,500 Sq. Ft. if bldg. height is over 35’.	No minimum.
FRONT YARD SETBACK	10’ maximum.	No minimum; however, see Chapter 18.100 for design guidelines for pedestrian access and view corridors.	No minimum.	No minimum.	No minimum.	30’ minimum for buildings; 15’ for other structures except signs	1. 50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets. 2. Must comply with clear sight triangle requirements, Section 18.40.060(C). 3. See Design Guidelines, Chapter 18.100.
REAR YARD SETBACK	15’ minimum; If next to a residential zone, 15’ minimum plus 5’ for every story over 3 stories.	No minimum; however, see Chapter 18.100 for design guidelines for pedestrian access and view corridors.	No minimum.	No minimum.	5’ minimum if building has 1 or 2 stories. 10’ minimum if building has 3 or more stories.	15’ minimum.	50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets.
SIDE YARD SETBACK	10’ minimum; 15’ minimum plus 5’ for every story over 3 stories if next to a residential zone.	No minimum; however, see Chapter 18.100 for design guidelines for pedestrian access and view corridors.	No minimum.	No minimum.	5’ minimum if building has 1 or 2 stories. 10’ minimum if building has 3 or more stories; AND the sum of the 2 side yards shall be no less than 1/2 the building height.	5’ minimum 30’ minimum for buildings and 15’ minimum for other structures from flanking streets.	1. 50’ minimum from property line for agriculture buildings (or structures) which house animals other than pets. 2. Must comply with clear sight triangle requirements, Section 18.40.060(C). 3. See Design Guidelines, Chapter 18.100.
MAXIMUM BUILDING HEIGHT	75’; except hospitals, which may exceed that height.	See Figure 6-2, Urban Waterfront District Height Limits Exceptions: 1) In the portion of the area Downtown with a height limit of 65’, two additional residential stories may be built. See 18.06.100(A)(2)(b). 2) In the portion of the area on West Bay Drive with a height limit of 42’ to 65’, the taller height limit is conditioned upon the provision of certain waterfront amenities. See 18.06.100(A)(2)(c).	Refer to Figure 6-2 and 6-2B for specific height and building configurations required on specific blocks.	75’; PROVIDED, however, that two additional stories may be built, if they are residential. There are also restrictions around Sylvester Park. For details, see 18.06.100(C)(6) Height, Downtown Business District.	75’ Exception: Up to 100’ may be allowed with conditional approval by the City Council, upon recommendation of the Hearing Examiner. For details, see 18.06.100(C)(5), Height, Commercial Services-High Density.	40’ accessory building limited to 20’.	Not to exceed height limit set by State Capitol Group Height District, 18.10.060, for properties near the State Capitol Campus.
MAXIMUM BUILDING COVERAGE	50%	60% for properties between the shoreline and the nearest upland street. 100% for properties not between the shoreline and the nearest upland street. See also Chapter 18.100 for design guidelines for pedestrian access and view corridors.	100%	No requirement.	No requirement.	85%
MAXIMUM DEVELOPMENT COVERAGE	65%	100% development coverage.	100%	100%	100%	85%
ADDITIONAL DISTRICT-WIDE DEVELOPMENT STANDARDS	Building floors above 3 stories which abut a street or residential district must be stepped back a minimum of 8 feet (see 18.06.100(F). Residential uses (Section 5 of Table 6.01) may not be constructed within 600 feet of Lilly Road except in upper stories of mixed use building; all other development standards are the same as for commercial uses.	Street ends abutting the water shall be preserved to provide views of and public access to the water, pursuant to Section 12.16.050(D) OMC. See also Chapter 18.100 for Downtown design guidelines for Pedestrian Access and View Corridors and Waterfront Public Access; Chapter 18.100 for Port Peninsula design guidelines for Pedestrian Connections and View Corridors; Section 18.06.100(A)(2)(c) for West Bay Drive building height and view blockage limits; and Chapter 18.100 for West Bay Drive view corridors.See also Chapter 18.100 for Downtown design guidelines for Pedestrian Access and View Corridors and Waterfront Public Access; Chapter 18.100 for Port Peninsula design guidelines for Pedestrian Connections and View Corridors; Section 18.06.100(A)(2)(c) for West Bay Drive building height and view blockage limits; and Chapter 18.100 for West Bay Drive view corridors.	Street ends abutting the water shall be preserved to provide views of and public access to the water, pursuant to OMC Section 12.16.050(D).		Residential uses must comply with High Rise Multi-family (RM-H) development standards.	6’ of sight-screening buffer shall be provided along north, east, and west district boundaries. See Olympia Park Replat convenants for access, and other standards applicable to replat lots.	For properties in the vicinity of the Downtown, also see Pedestrian Streets Overlay District, Chapter 18.16. For retail uses over 25,000 square feet in gross floor area, see Section 18.06.100 (G) Large Scale Retail Uses. EXCEPTION: Section 18.06.100 (G) shall not apply to motor vehicle sales.


LEGEND
MS = Medical Services DB = Downtown Business	CS-H = Commercial Services - High Density	UW = Urban Waterfront UW-H = Urban Waterfront-Housing AS=Auto Services

(Ord. 6666 §1, 2009; Ord. 6490 §2, 2007).

18.06.100 Commercial districts’ development standards--Specific

A. Height.

1. Roof structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smoke stacks, wireless masts, T.V. antennas, steeples and similar structures may be erected above the height limits prescribed in this Title, provided that no roof structure, feature or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space. This height exception does not apply to the additional story provision for residential development described in OMC 18.06.100.A.6. Provided, further, that no roof structure or architectural feature shall be erected more than eighteen (18) feet above the height limit of the district, whether such structure is attached to it or free-standing.

FIGURE 6-1A

2. Urban Waterfront (UW) District.

a. Allowed building heights in the Urban Waterfront (UW) District are specified in Figure 6-2.

b. Bonus for residential development.

i. In the area labeled sixty-five (65) feet on Figure 6-2, up to two additional stories may be built, if the project is located in the downtown, if the added stories are stepped back from the street wall at least eight (8) feet, and if floor area equal to the amount from the added stories is provided for residences:

(a) In the same building--i.e., it is a residential or a mixed use building; or

(b) With commercial and residential uses in separate buildings on the same site; or

ii. Occupancy. Housing provided under this bonus provision as part of a mixed use project must receive an occupancy permit at the same time as, or in advance of, issuance of an occupancy permit for non-residential portions of the project.

iii. Conversion. Housing provided under this bonus provision shall not be converted to commercial use.

iv. Source of housing units. Housing provided under this bonus provision may be:

(a) New construction,

(b) Adaptive reuse of a formerly non-residential structure, or

c. West Bay Drive building height and view blockage limits.

i. In order to retain public and private view access to Budd Inlet from hillside sites above West Bay Drive, the maximum building height in the West Bay Drive portion of the Urban Waterfront (UW) District labeled " 42’-65’ " on Figure 6-2 shall be up to a maximum of 42 feet, except as provided in subsections (iii) and (iv) below.

ii. In order to retain public view access of Budd Inlet from street level in the West Bay Drive portion of the Urban Waterfront (UW) District labeled " 42’-65’ " on Figure 6-2, view blockage shall be limited as follows:

(a) Views of the water will be defined as area without obstruction by buildings or major structures measured between 45 and 90 degrees to West Bay Drive, as illustrated in Figure 6-2A.

(b) Said view blockage shall be limited to 45 percent of the views of the water from West Bay Drive by buildings or major structures located between West Bay Drive and the mean high water line.

iii. Development shall be subject to the alternate standards for building height and view blockage, if alternate waterfront view access is provided through public amenities as follows:


Amenity Provided	Limits on Horizontal View Blockage and Height
Waterfront Trail	70% up to 42 ft., OR 45% up to 65 ft.
Waterfront Trail	70% up to 42 ft., OR 45% up to 65 ft.
Expanded Waterfront Trail Corridor Facility (or small waterfront park area).	50% up to 42 ft., OR 45% up to 50 ft.
	50% up to 42 ft., OR 45% up to 50 ft.
Both	70% up to 65 ft.
Any development over 42 feet shall be required to include a minimum of 20% of the usable building area for residential purposes.

iv. Criteria for approval of alternate waterfront view access.

(a) Waterfront Trail.

(1) Trail right-of-way consistent with City trail standards shall be dedicated to the City.

(2) The trail shall be designed consistent with City standards and requirements, or as otherwise approved by the Olympia Parks, Arts and Recreation Department. Because the trail passes by different land uses, it may take a different character in different locations, for reasons of safety, privacy, or environmental protection.

(3) The developer shall design, build, and dedicate the facility to the City.

(4) An analysis of recreation needs shall be provided by the Olympia Parks, Arts and Recreation Department. An analysis of environmental impacts, hazardous waste risks, and engineering issues sufficient to determine the design and location for the trail facility shall be approved by the Olympia Parks, Arts and Recreation Department but provided by the developer. All analysis shall be complete prior to approval.

(b) Expanded Waterfront Trail Corridor Facility or Small Waterfront Park.

(1) The developer shall build and dedicate the facility and its site to the City.

(2) The expanded waterfront trail corridor facility or small park area shall be designed consistent with City and other applicable government standards and requirements, or as otherwise approved by the Olympia Parks, Arts and Recreation Department. The expanded waterfront trail corridor facility or small park may vary in size from City park standards and could include additional right-of-way for the expanded trail, landscaping, habitat enhancement, benches, lighting, parking, restrooms, garbage receptacles, telephones, interpretive signs and other park facilities.

(3) An analysis of environmental impacts, hazardous waste risks, trail improvements, and engineering issues sufficient to design the expanded waterfront trail corridor facility or small park area shall be approved by Olympia Parks, Arts and Recreation Department but provided by the developer. All analysis shall be complete prior to approval.

(4) The expanded waterfront trail corridor facility or small park shall have a publicly accessible connection to West Bay Drive, designed, constructed, and dedicated for public use by the developer.

v. The view blockage rules shall be applied on a project-wide basis and not for each lot or parcel in a project, thus allowing projects providing more views on some lots to have more view blockage on other lots as long as the overall project meets the view blockage requirements.

Figure 6-2 Urban Waterfront and Urban Waterfront Height Limits

FIGURE 6-2A

Calculating View Blockage in a portion of the Urban Waterfront District along West Bay Drive.

3. Commercial Services-High Density. The maximum building height allowed is one hundred (100) feet. Provided, however, that no building or structure may exceed seventy-five (75) feet in height without conditional review and approval by the Hearing Examiner. Approval of structures exceeding seventy-five (75) feet in height shall meet the following criteria:

a. The building design shall be compatible with or enhance the physical characteristics of the site, the appearance of buildings adjacent to the site and the character of the district.

b. The site plan shall facilitate efficient and convenient circulation, shall include landscaping that creates a pleasing appearance from both within and off the site and shall be an asset to the community at large.

c. Enhancement of public view access or direct public access to usable open space areas shall offset any potential upland view loss which may occur as a result of the proposal.

4. Downtown Business District.

a. Building height allowed outright in the DB zone is seventy-five (75) feet.

b. Bonus for residential development.

c. Enhancement of public view access or direct public access to usable open space areas shall offset any potential upland view loss which may occur as a result of the proposal.

i. Buildings may exceed the height allowed outright (75 feet) by up to two (2) stories, if the added stories are stepped back from the street wall at least eight (8) feet, and if floor area equal to the amount from the added stories is provided for residences:

(a) In the same building--i.e., it is a residential or a mixed use building; or

(b) With commercial and residential uses in separate buildings on the same site; or

iii. Conversion. Housing provided under this bonus provision shall not be converted to commercial use.

iv. Source of housing units. Housing provided under this bonus provision may be:

(a) New construction,

(b) Adaptive reuse of a formerly non-residential structure, or

5. Urban Waterfront - Housing.

a. Allowed building heights in the Urban Waterfront-Housing District are specified in Figure 6-2.

b. Required step backs and placement of step backs over 35 feet on specific blocks are specified in Figure 6-2.

6. High Density Corridor (HDC - 1 and HDC - 2).

a. Building height allowed outright in the HDC-1 and HDC-2 zones as outlined in OMC 18.06.080, Table 6.02.

b. Additional story for residential development.

i. Additional story can only be allowed for those development that do not provide a mechanical "penthouse" room as allowed under the provisions of OMC 18.06.100.A. However, the additional story can be occupied with both residential development and mechanical equipment.

ii. Buildings may exceed the height allowed outright in OMC 18.06.080, Table 6.02, by one (1) story. The additional story cannot exceed fourteen (14) feet above the maximum allowable height requirement as specified in OMC 18.06.080, Table 6.02.

iii. The additional story must be stepped back at least eight (8) feet from any abutting street or any abutting residential zoning district. See OMC 18.06.100.B.2.

iv. Housing provided under this additional story as part of a mixed use project must receive an occupancy permit at the same time as, or in advance of, issuance of an occupancy permit for non-residential portions of the project.

v. Housing provided under this additional story provision shall not be converted to commercial use. Except that the residential units may conduct business activities under the provision for home occupations. See OMC 18.04.060.I.

vi. Housing provided under this bonus provision may be:

(a) New construction;

(b) Adaptive reuse of a formerly non-residential structure, or

B. Upper Story StepBacks.

1. High Density Corridor-1 (HDC-1), Community Retail (CMR), High Density Corridor-2 (HDC-2, General Commercial (GC), High Density Corridor-4 (HDC-4), Medical Services (MS), and Professional Office/Residential Multifamily (PO/RM) District Requirements:

Building floors above three (3) stories which abut a street or residential district must be stepped back a minimum of eight (8) feet (see Figure 6-3).

FIGURE 6-3

2. Additional Story Provision for HDC-1 and HDC-2. Projects within the HDC-1 and HDC-2 zoning districts which use the additional story provisions for residential development as outlined in OMC 18.06.100.A.6, must step the additional story back by a minimum of eight (8) feet. The step back is required for the additional story which abuts a street or residential district.

C. Large Scale Retail Uses. Retail uses over twenty-five thousand (25,000) square feet in gross floor area under common ownership or use shall meet the design requirements of this section. For purposes of this section, a retail use under common ownership or use shall mean a single establishment which shares checkstands, management, a controlling ownership interest, or storage areas, e.g., a plant nursery or a grocery store associated with a general merchandise store, such as a home improvement store.

1. Customer entrances. Customer entrances shall be provided on each facade that faces an abutting street, customer parking, or a public park or plaza, up to a maximum requirement of three customer entrances per business occupancy. If there are two or more facades facing abutting streets, at least two such facades must provide a customer entrance. An entrance on a corner of the building may count as serving two facades. Such entrances shall provide both ingress and egress, and shall be double doors, not just single units. See Figure 6-4.

Customer Entrances must be provided on facades facing abutting streets and parking. Example shows corner entrance serving two street facades, plus entrance serving parking.

FIGURE 6-4

2. Rain protection. Awnings, canopies, marquees, arcades, building overhangs or similar forms of pedestrian weather protection, at least four and one half (41/2) feet wide, shall be provided over a pedestrian walkway along at least eighty (80) percent of any facade with a customer entrance. See Figure 6-5. Such weather protection shall be placed no less than eight (8) feet above the walkway. If placed more than eight (8) feet above the walkway, such weather protection shall be at least an additional six (6) inches in width for each additional foot of height, or portion thereof. See Figure 6-6.

Development in the HDC-4 Capital Mall Area shall use design standards established for this area instead of the above rain protection regulation. See 18.06A.280 Building Design - B.4 Building elements.

Rain Protection (L to R): Awning, Marquee, Arcade

FIGURE 6-5

Width of Rain Protection is determined by height above walkway.

FIGURE 6-6

3. Wall articulation. Facades greater than fifty (50) feet in length shall incorporate wall plane projections or recesses having a depth of at least three percent (3%) of the length of the facade and extending in the aggregate at least twenty percent (20%) of the length of the facade. No uninterrupted length of any such facade shall exceed fifty (50) horizontal feet. EXCEPTION: This requirement shall not apply to walls which:

a. have no customer entrance; and

b. are only visible from service areas, and not from nearby residences or from the customer parking lot or an abutting street.

Development in the HDC-4 Capital Mall Area shall use design standards established for this area instead of the above wall articulation regulation. See 18.06A.280 through 18.06A.284, Building Design.

4. Frontage limit. The frontage per business occupancy shall be limited to one hundred (100) feet along any facade facing an abutting street, unless sixty percent (60%) or more of the facade between two (2) and eight (8) feet above the sidewalk is in transparent glazing; i.e., transparent windows, display windows, or transparent store doors (staff note: this would allow a major tenant to have lots of its own display windows, or to lease peripheral space to lots of small tenants, or to look like it was doing so, or to build added stories to get added floor area). See Figures 6-7 through 6-12. EXCEPTION: This requirement shall not apply to that portion of a facade where the average grade level of the sidewalk of the abutting street is 4 feet or more above or below the adjacent floor level of the building. See Figure 6-13.

Development in the HDC-4 Capital Mall Area shall use design standards established for this area instead of the above frontage limit. See 18.06A.280 through 18.06A.284, Building Design.

Example of building with 100’ frontage, hence exempt from transparent glazing requirement.

FIGURE 6-7

Frontage limited by placing small shops on periphery of building, plan view.

FIGURE 6-8

Small shops on periphery of building, elevation view.

FIGURE 6-9

150 foot frontage with 60% of facade between 2’ and 8’ in transparent glazing.

FIGURE 6-10

25,000 square foot 1-story building with 150 feet of frontage

FIGURE 6-11

50,000 square foot building on 2 stories with 150 feet of frontage

FIGURE 6-12

Transparency requirement does not apply to the portion of a facade with a floor level over 4’ above or below grade.

FIGURE 6-13

5. Very Large Scale Retail Facilities. Retail uses under common ownership or use, which exceed size thresholds set forth in subsection (a) below for the zone in which the retail uses are proposed, shall meet the additional development and design requirements specified in subsections (a)(ii)-(iv). Those which exceed size thresholds set forth in subsection (b) below for the zone in which the retail uses are proposed shall be subject to the requirements for Conditional Use approval provided in subsection (b)(ii).

a. Added development and design requirements for Very Large Scale Retail Facilities

i. Thresholds for requirements


District	Size (gross floor area)
GC	60,000 sq. ft.
HDC-2	40,000 sq. ft.
HDC-3	50,000 sq. ft.
HDC-4, except Capital Mall Area	60,000 sq. ft.
UW	40,000 sq. ft.
UW-H	25,000 sq. ft.
DB	25,000 sq. ft.
UC	50,000 sq. ft.

ii. Adaptability for Reuse/Compartmentalization. The building design shall include specific elements that facilitate the structure’s adaptation for multi-tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air conditioning. The building design shall also allow for all of the following:

(1) Subdivision of the interior of structure into separate tenancies. The design for interior subdivision shall accommodate multiple potential tenancies, each no larger than fifty percent (50%) of the size threshold for the district defined in subsection (i) above. Example A: An applicant designs a 120,000 sq. ft. Very Large Scale Retail Use in the GC district to accommodate reuse by four potential tenancies of 30,000 sq. ft. each. Example B: An applicant designs the same building to accommodate two potential tenancies of 30,000 sq. ft., and four potential tenancies of 15,000 sq. ft.

(2) Facades that readily adapt to multiple entrances without compromising the structural integrity of the building, and adapt to entrances on at least two sides of the building; or, if the building is designed to have only one front facade, all potential tenancies shall be designed for access from the front facade.

(3) Parking lot designs that are shared by establishments or are linked by safe and functional pedestrian connections.

(4) Landscaping schemes that complement the multiple entrance design.

(5) Design and placement of loading docks/loading bays to accommodate multiple potential tenancies.

(6) Other elements of design which facilitate the multi-tenant reuse of the building and site.

iii. Parking Design.

(1) Parking lots with over one acre in paving shall be designed for on-site infiltration of the stormwater generated on site. This may be accommodated by underground infiltration vaults, porous paving, or other techniques permitted by the City of Olympia Stormwater Drainage Manual, and subject to the approval of the Department of Public Works.

(2) Bicycle parking shall meet all requirements of the City’s bicycle parking regulations, in particular Sections 18.38.100 Vehicular and Bicycle Parking Standards, and 18.38.220 Design Standards - General.

iv. Site Design.

(1) The site design shall include a plan for pedestrian circulation with logical connections between buildings, between buildings and adjacent streets, and from buildings to parking areas. (See also Sections 18.110.030, 18.120.110, and 18.150.030.)

(2) Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in materials, and shall be designed to accommodate persons with disabilities, such as wheelchair users.

b. Conditional Use Approval

i. Thresholds for Conditional Use Approval


District	Size (gross floor area)
GC	125,000 sq. ft.
HDC-2	60,000 sq. ft.
HDC-3	75,000 sq. ft.
HDC-4, except Capital Mall Area	125,000 sq. ft.
UW	60,000 sq. ft.
UW-H	40,000 sq. ft.
DB	40,000 sq. ft.
UC	100,000 sq. ft.

ii. Conditions for Approval. The following requirements apply to all Very Large Scale Retail Facilities subject to conditional use approval.

(1) The Hearing Examiner shall determine that the proposed facilities meet the development and design requirements of subsection (a) above, and all other requirements of this Title.

(2) The Hearing Examiner shall determine that the proposed facilities will not be detrimental to the health, safety, or welfare of the general public, nor injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:

(a) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures;

(b) The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading;

(d) The treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs.

(e) The impact upon public facilities or public services.

6. Additional Regulations. Refer to the following Chapters for additional related regulations:

a. Chapter 18.36, Landscaping and Screening

b. Chapter 18.38, Parking and Loading

c. Chapter 18.48, Conditional Uses

d. Chapter 18.100, Design Review

e. Chapter 18.110, Basic Commercial Design

f. Chapter 18.120, Commercial Design Criteria Downtown

g. Chapter 18.130, Commercial Design Criteria High Density Corridor (HDC)

h. Chapter 18.150, Port Peninsula

(Ord. 6727 § 1, 2010; Ord. 6646 §1, 2009; Ord. 6595 §1, 2008; Ord. 6517 §45, 2007; Ord. 6490 §1, 2007; Ord.6417 §1, 2006; 6408 §20, 2006; Ord. 6276 §6, 2003; Ord. 6195 §18, 2002; Ord. 6140 §29, 2001; Ord. 6073 §15, 2000; Ord. 5830 §11, 1998; Ord. 5661 §2, 1996; Ord. 5569 §3, 1995; Ord. 5517 §1, 1995).

18.06.120 Additional regulations

Refer to the following Chapters for additional related regulations.


Chapter 18.06A	Design Guidelines
Chapter 18.36	Landscaping and Screening
Chapter 18.38	Parking and Loading
Chapter 18.40	Property Development and Protection Standards
Chapter 18.42	Signs
Article III	Overlay Districts

(Ord. 5517 §1, 1995).