Article II - LAND USE DISTRICTS

Chapter 18.04
RESIDENTIAL DISTRICTS

Sections:

18.04.020    Purposes.

18.04.040    Permitted, conditional, and prohibited uses.

18.04.060    Residential districts’ use standards.

18.04.080    Residential districts’ development standards.

18.04.090    Additional regulations.

18.04.020 - Purposes

A.    The general purposes of the residential districts contained in this chapter are as follows:

1.    To provide a sustainable residential development pattern for future generations.

2.    To encourage development of attractive residential areas that provide a sense of community and contain a variety of housing types to accommodate different lifestyles and household sizes.

3.    To maintain or improve the character, appearance, and livability of established neighborhoods by protecting them from incompatible uses, excessive noise, illumination, glare, odor, and similar significant nuisances.

4.    To establish a compact growth pattern to efficiently use the remaining developable land; enable cost effective extension and maintenance of utilities, streets and mass transit; and enable development of affordable housing.

5.    To enable community residents to reside and work within walking or bicycling distance of mass transit, employment centers, and businesses offering needed goods and services in order to reduce traffic congestion, energy consumption, and air pollution.

6.    To provide for development of neighborhoods with attractive, well connected streets, sidewalks, and trails that enable convenient, direct access to neighborhood centers, parks, and transit stops.

7.    To ensure adequate light, air, and readily accessible open space for each dwelling unit in order to maintain public health, safety, and welfare.

8.    To ensure the compatibility of dissimilar adjoining land uses.

9.    To protect or enhance the character of historic structures and areas.

10.    To provide residential areas of sufficient size and density to accommodate the city’s projected population growth, consistent with Section 36.70A.110, RCW.

11.    To preserve or enhance environmental quality and protect ground water used as a public water source from contamination.

12.    To minimize the potential for significant flooding and allow recharge of ground water.

13.    To allow innovative approaches for providing housing, consistent with the policies of the Comprehensive Plan.

14.    To ensure that development without municipal utilities is at a density and in a configuration that enables cost effective urban density development when municipal utilities become available.

B.    The additional purposes of each individual residential district are as follows:

1.    Residential - 1 Unit Per 5 Acres. This designation provides for low-density residential development in designated sensitive drainage basins in a manner that protects aquatic habitat from degradation.

2.    Residential Low Impact (RLI). To accommodate some residential development within sensitive drainage basis at densities averaging from two (2) to four (4) units per acre, provided that the development configuration avoids stormwater and aquatic habitat impacts.

3.    Residential - 4 Units per Acre (R-4 and R-4CB). To accommodate residential development in areas sensitive to stormwater runoff in a manner and at a density (up to four (4) units per acre) that avoids stormwater related problems (e.g., flooding and degradation of environmentally Critical Areas).

4.    Residential 4-8 Units per Acre (R 4-8). To accommodate single-family houses and townhouses at densities ranging from a minimum of four (4) units per acre to a maximum of eight (8) units per acre; to allow sufficient residential density to facilitate effective mass transit service; and to help maintain the character of established neighborhoods.

5.    Residential 6-12 Units per Acre (R 6-12). To accommodate single-family houses, duplexes and townhouses, at densities between six (6) and twelve (12) units per acre, in locations with frequent mass transit service (existing or planned). This includes areas along or near (e.g., within one-fourth (¼) mile) arterial and major collector streets. Parcels located in the High Density Corridor Transition Area are allowed triplex and fourplex housing types (18.04.060(FF)).

6.    Mixed Residential 7-13 Units per Acre (MR 7-13). To accommodate a compatible mixture of houses, duplexes, townhouses, and apartments in integrated developments with densities averaging between seven (7) and thirteen (13) units per acre; to provide a broad range of housing opportunities; to provide a variety of housing types and styles; and to provide for development with a density and configuration that facilitates effective and efficient mass transit service. This district generally consists of parcels along arterial or collector streets of sufficient size to enable development of a variety of housing types.

7.    Mixed Residential 10-18 Units per Acre (MR 10-18). To accommodate a compatible mixture of single-family and multifamily dwellings in integrated developments close to major shopping and/or employment areas (at densities averaging between ten (10) and eighteen (18) units per acre); to provide a variety of housing types and styles; to provide for development with a density and configuration that facilitates effective and efficient mass transit service; to provide opportunities for people to live close to work and shopping in order to reduce the number and length of automobile trips; and to enable provision of affordable housing.

8.    Residential Multifamily - 18 Units per Acre (RM-18). To accommodate predominantly multifamily housing, at an average maximum density of eighteen (18) units per acre, along or near (e.g., one-fourth (¼) mile) arterial or major collector streets where such development can be arranged and designed to be compatible with adjoining uses; to provide for development with a density and configuration that facilitates effective and efficient mass transit service; and to enable provision of affordable housing.

9.    Residential Multifamily - 24 Units per Acre (RM-24). To accommodate predominantly multifamily housing, at an average maximum density of twenty-four (24) units per acre, in locations close (e.g., one-fourth (¼) mile) to major employment and/or shopping areas; to provide for development with a density and configuration that facilities effective and efficient mass transit service; and to enable provision of affordable housing.

10.    Residential Multifamily - High Rise (RMH). To accommodate multifamily housing in multistory structures near the State Capitol Campus; to provide opportunities for people to live close to work, shopping, services and a major mass transit hub; to create a desirable living environment for residents of the district; and to ensure that new high rise buildings incorporate features which reduce their perceived scale and allow sunlight to reach street level.

11.    Residential Mixed Use (RMU). To accommodate attractive, high-density housing, pedestrian oriented commercial and mixed-use development which reinforces downtown’s historic character; to provide for coordinated pedestrian amenities; to preserve viable downtown housing; to enable businesses to locate within walking distance of residences and offices; to provide a transition between commercial and residential districts; and to require new high rise buildings to incorporate features which reduce their perceived scale and allow sunlight to reach street level.

12.    Urban Residential (UR). To accommodate multifamily housing in multistory structures in or near the State Capitol Campus; downtown, High Density Corridor, or other activity center areas; to provide opportunities for people to live close to work, shopping, and services; to help achieve City density goals, to create or maintain a desirable urban living environment for residents of the district; and to ensure that new urban residential buildings incorporate features which encourage walking and add interest to the urban environment.

13.    Manufactured Housing Park (MHP). To accommodate mobile homes and manufactured housing in mobile/manufactured housing parks; to accommodate manufactured housing on individual lots; to accommodate single-family houses, duplexes and townhouses, at densities between five (5) and twelve (12) units per acre, in locations with frequent mass transit service (existing or planned). This includes areas along or near (e.g., within one-fourth (1/4) mile) arterial and major collector streets.

(Ord. 6594 §4, 2008; Ord. 6517 §7, 2007; Ord. 6404 §1, 2006; Ord. 6323 §2, 2004; Ord. 6140 §16, 2001; Ord. 5661 §6, 1996; Ord. 5517 §1, 1995).

18.04.040 - TABLES: Permitted and Conditional Uses

TABLE 4.01

PERMITTED AND CONDITIONAL USES

DISTRICT

R1/5

R-4

R-4CB

RLI

R 4-8

R 6-12

MR 7-13

MR 10-18

RM 18

RM 24

RMH

RMU

MHP

UR

APPLICABLE REGULATIONS

District-Wide Regulations

18.04.060 (FF)

18.04.060 (N,Q)

18.04.060 (N,Q)

18.04.060 (N)

18.04.060 (N)

18.04.060 (N)

18.04.060 (N,BB)

18.04.060 (N)

1. SINGLE-FAMILY HOUSING

Accessory Dwelling Units

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(A)

Co-Housing

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(F) 18.04.060(FF)

Cottage Housing

P

P

P

P

P

P

P

P

P

P

P

18.04.060(H) 18.04.060(FF)

Manufactured/Mobile Home Parks (Rental Spaces)

C

C

C

C

18.04.060(P)

Manufactured Homes

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(O) 18.04.060(FF)

Single-family Residences

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(FF)

Townhouses

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(FF) 18.64

2. MULTIFAMILY HOUSING

Apartments

P

P

P

P

P

P

P

P

18.04.060(N) 18.04.060(FF)

Boarding Homes

P

P

P

P

Dormitories

P

P

P

P

P

P

P

P

Duplexes - Existing

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(J)

Duplexes

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(FF)

Triplexes & Fourplexes

P

18.04.060 (FF)

P

Fraternities, Sororities

P

P

P

P

P

Group Homes with 6 or Fewer Clients and Confidential Shelters

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(K)

Group Homes with 7 or More Clients

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(K)

Lodging Houses

P

P

P

P

P

Nursing/Convalescent Homes

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(S)

Retirement Homes

P

P

P

P

P

P

C

P

3. COMMERCIAL

Child Day Care Centers

C

C

C

C

C

C

P

P

P

P

P

C

P

18.04.060(D) 18.04.060(AA)

Commercial Printing

P

Drive-In and Drive-Through Businesses -- Existing

P

18.04.060(J)

Food Stores

P

P

P

18.04.060(AA)

Hardware Stores

P

Home Occupations (including Adult Day Care, Elder Care Homes, Family Child Care Homes, and Bed & Breakfast Houses)

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(L)

Hospice Care

C

C

C

C

C

C

C

C

C

18.04.060(M)

Laundries

P

P

P

18.04.060(AA)

Nursery (Retail and/or Wholesale Sales)

C

C

C

C

C

C

C

C

C

C

C

18.04.060(G)

Offices

P

P

18.04.060(AA)(2)

Personal Services

P

Pharmacies

P

Restaurants, without Drive-In and Drive-Through

P

Servicing of Personal Apparel and Equipment

P

Specialty Stores

P

Veterinary Clinics - Existing

P

P

P

P

P

P

18.04.060(J)

Veterinary Clinics

P

4. ACCESSORY USES

Accessory Structures

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(B)

Garage/Yard/Rummage of Other Outdoor Sales

P

P

P

P

P

P

P

P

P

P

P

P

P

5.24

Large Garages

C

C

C

C

C

C

C

C

C

C

C

18.04.060(B)

Residence Rented for Social Event, 7 times or more in 1 year

C

C

C

C

C

C

C

C

C

C

C

C

Satellite Earth Stations

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.44.100

5. RECREATIONAL USES

Community Parks & Playgrounds

C

C

C

C

C

C

C

C

C

C

P

P

C

P

18.04.060(T)

Country Clubs

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Golf Courses

C

C

C

C

C

C

C

C

C

Neighborhood Parks

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

P/C

18.04.060(T)

Open Space - Public

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

P/C

18.04.060(T)

Racing & Performing Pigeons

C

C

C

C

C

C

C

C

C

18.04.060(Y)

Stables, Commercial and Private Existing

C

C

C

18.04.060(J)

Trails - Public

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

P/C

18.04.060(T)

6. AGRICULTURAL USES

Agricultural Uses

P

P

P

P

P

P

P

P

P

P

Greenhouses, Bulb Farms

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(G)

7. TEMPORARY USES

Emergency Housing

P

P

P

P

P

P

P

P

P

P

P

18.04.060(EE)

Model Homes

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(EE)

Residence Rented for Social Event, 6 times or less in 1 year

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(EE)

Wireless Communication Facility

P

P

P

P

P

P

P

P

P

P

P

P

P

18.44.060

8. OTHER

Animals

P

P

P

P

P

P

P

P

P

P

P

P

P

P

18.04.060(C)

Cemeteries

C

C

C

C

C

C

C

C

C

18.04.060(E)

Community Clubhouses

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Crisis Intervention

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(I)

Fraternal Organizations

P

P

C

Historic House Museum

C

C

C

C

C

C

C

C

C

C

C

C

C

Parking Lots and Structures

C

P

P

18.38.220 and .240

Places of Worship

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(U)

Public Facilities

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(V)

Public Facilities - Essential

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(W)

Radio, Television and Other Communication Towers

C

C

C

C

C

C

C

C

C

C

C

C

C

C

18.44.100

Schools

C

C

C

C

C

C

C

C

C

C

C

18.04.060(DD)

Mineral Extraction - Existing

C

C

18.04.060(J)

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

P/C

18.04.060(X)

Wireless Communication 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

P/C

18.44

Workshops for Disabled People

C

C

C

C

C

C

C

C

C

C

C

C

18.04.060(R)

LEGEND
P = Permitted Use	C = Conditional Use	R-4 = Residential - 4
R 4-8 = Residential 4-8	R 6-12 = Residential 6-12	RLI = Residential Low Impact
MR 10-18 = Mixed Residential 10-18	RM 18 = Residential Multifamily - 18	MR 7-13 = Mixed Residential 7-13
RMH = Residential Multifamily High Rise	RMU = Residential Mixed Use	RM 24 = Residential Multifamily - 24
		UR = Urban Residential

(Ord. 6594 §5, 2008; Ord. 6592 §2, 2008; Ord. 6517 §8, 2007; Ord. 6404 §2, 2006).

18.04.040 - Permitted, conditional and prohibited uses

A.    Permitted and Conditional Uses. Table 4.01, 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 18.04.060, Use Standards. Numbers listed under the heading Applicable Regulations apply to the corresponding land use in all of the residential 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 18.04.080, Development Standards, and Chapter 18.48, Conditional Uses.)

B.    Prohibited and Unspecified Uses. Land uses which are not listed in Table 4.01 as permitted or conditional uses are prohibited. However, the Director of Community Planning and Development may authorize unlisted uses consistent with Section 18.02.080, Interpretations.

In addition to those uses prohibited by Table 4.01, the following uses are prohibited in these districts:

1.    All Residential Districts.

a.    Adult oriented businesses (see Chapter 18.02, Definitions).

b.    Mobile homes, except in approved mobile home/manufactured home parks or when used as emergency housing or contractors’ offices consistent with Section 18.04.060(EE), Temporary Uses.

c.    Habitation of recreational vehicles.

d.    Junk yards.

e.    Uses which customarily create noise, vibration, smoke, dust, glare, or toxic or noxious emissions exceeding those typically generated by allowed uses.

f.    Secure community transition facilities.

2.    All Residential Districts Except RMU. Conversion of residences to a commercial use (not including home occupations).

3.    RMU District.

a.    Home improvement/hardware stores larger than ten thousand (10,000) square feet in size.

b.    Garden stores.

c.    Motor vehicle sales.

d.    Service stations.

e.    The sale of gasoline.

f.    Drive-in and drive-through businesses and uses.

(Ord. 6404 §2, 3, 2006; Ord. 6395 §25, 2006; Ord. 6323 §18, 2004; Ord. 6210 §2, 2002; Ord. 6143 §5, 2001; Ord. 6140 §20, §39, 2001; Ord. 6092 §4, 2001; Ord. 5661 §6, 1996; Ord. 5595 §15, 1996; Ord. 5569 §11, 1995; Ord. 5517 §1, 1995).

18.04.060 - Residential districts’ use standards

A.    ACCESSORY DWELLING UNITS (ADU).

Accessory dwelling units (ADU) are permitted in all residential districts subject to the following requirements:

1.    Number. One (1) ADU shall be allowed per residential lot in conjunction with any detached single-family structure. (See Section 18.04.080(A)(3) regarding ADUs in new subdivisions.)

2.    Location. The ADU shall be permitted as a second dwelling unit added to, created within, or detached from the original dwelling. The ADU shall be oriented in a way that maintains, to the extent practical, the privacy of residents in adjoining dwellings. (See Chapter 18.04A, Residential Design Guidelines.)

3.    Size. The ADU shall have a gross floor area of no more than eight hundred (800) square feet, and no more than the following equivalent ratios:

a.    forty percent (40%) of the gross floor area of the primary residence and accessory dwelling unit combined, or

b.    sixty-six and two-thirds percent (66 2/3%) of the gross floor area of the primary residence alone; excluding any garage area, except as authorized by Section 18.04.060(A)(7).

[NOTE: Section 18.04.060(O)(1) requires that manufactured homes placed on a lot outside a manufactured housing park must be at least eight hundred sixty-four square feet in floor area. Consequently a manufactured home can be used as a primary residence, but not as an ADU.]

4.    Ownership. The property owner (i.e., title holder and/or contract purchaser) must live on the site as his/her principal residence. Owners shall sign a notarized affidavit attesting to their principal residency upon permit application. Owners shall provide evidence thereof through such means as voter registration, drivers license, or the like. This requirement does not apply to ADUs built prior to the initial sale of the primary unit on the lot. Purchasers of such ADUs shall meet these requirements within sixty (60) days of purchase (See Section 18.04.080(A)(3).)

A covenant or deed restriction, approved by the Olympia City Attorney, shall be signed and recorded with the Thurston County Auditor which specifies the requirement that the property owner must live on the site as his/her principal residence.

5.    Occupancy. No more than one (1) family (as defined in Chapter 18.02, Definitions) shall be allowed to occupy an ADU.

6.    Existing ADUs. Accessory dwellings created prior to the enactment of these regulations, June 19, 1995, may be approved subject to applicable requirements. Existing ADUs located on lots which cannot accommodate an additional off street parking space required by Chapter 18.38, Parking, may receive a waiver from the parking requirement.

If the owner of an existing unauthorized ADU applies to make the unit legal, but cannot meet all of the standards, he/she will be allowed a "grace period" of six months from date of application to comply with applicable standards. However, where health and safety is an issue, the Building Official will determine when the necessary modifications must be made. If the owner cannot meet the standards, the unauthorized accessory unit must be removed or its use as a dwelling must be suspended.

7.    Deviation From Requirements. The Director or the Director’s designee may allow deviation from the requirements of this section (18.04.060(A)) as follows:

a.    To allow use of the entirety of a single floor in a dwelling constructed two (2) or more years prior to the date of application in order to efficiently use all floor area; and

b.    To enable ADUs to be established in structures constructed prior to June 19, 1995, which are located in rear or side setbacks, provided that Uniform Building Code requirements and the Development Standards contained in Section 18.04.080 are met. [NOTE: See Chapter 18.04A, Residential Design Guidelines for applicable design guidelines.]

B.    ACCESSORY STRUCTURES.

Accessory structures are permitted in all residential districts subject to the following requirements:

1.    Time of Establishment. Accessory structures shall not be built prior to commencing construction of the main building on the lot. However, lots may be created which contain an accessory structure (without an associated primary use) constructed prior to submission of the subdivision application.

2.    Subordinance to Primary Use. Accessory structures shall be clearly incidental and subordinate to the use of the lot (e.g., structures used for storage of personal property or the pursuit of hobbies) or used for agricultural purposes. In single-family and two-family residential districts each accessory structure shall not exceed eight hundred (800) square feet in size, except for structures accessory to an agricultural use which are located on a parcel one (1) acre or larger in size.

3.    Garages. Private garages shall meet the following standards:

a.    Garages shall not exceed a total of eight hundred (800) square feet of floor space per dwelling unit.

b.    Garages exceeding eight hundred (800) square feet per dwelling unit may be permitted as conditional uses in the districts specified in Table 4.01 provided that they will not be adverse to the public interest and are compatible with the surrounding neighborhood. The Hearing Examiner shall establish a maximum size for garages receiving conditional use approval. See Section 18.04.080.

4.    See Section 18.04.060(P)(4) regarding accessory structures in mobile home/manufactured home parks.

C.    ANIMALS/PETS.

Pets and other animals are allowed in residential districts subject to the following requirements:

1.    All Districts, Except RMH.

a.    Quantity. No more than three (3) pets, such as dogs, cats, hens, and untraditional pets (e.g., potbelly pigs and rabbits), four (4) months of age or older, shall be permitted per dwelling unit. (Traditional pets are defined as a species of animals which can be house-broken, or walked on a leash, or are frequently, but not necessarily, housed within a residence and are neither obnoxious nor a public safety or health threat.)

b.    Birds. Song birds or other traditional pet birds (e.g., parrots) are permitted. Fowl, such as roosters, ducks and geese, are prohibited. [NOTE: The keeping of racing and performing pigeons is permitted as a conditional use.]

c.    Other Animals. Swine, other than potbelly pigs, and goats are prohibited. The keeping of other animals and pets, which are not specifically prohibited in this section is permitted, provided that:

i.    There shall be no more than one (1) animal per acre, in addition to those animals/pets permitted in 1.a. and 1.b. above; and

ii.    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

iii.    The keeping of such animals does not constitute a nuisance or hazard to the peace, health or welfare of the community in general and neighbors in particular.

2.    RMH District. Not more than three (3) dogs and cats, four (4) months of age or older, shall be permitted per dwelling unit. Farm animals are prohibited.

D.    CHILD DAY CARE CENTERS.

1.    Permitted Use. Child day care centers are permitted in the districts specified in Tables 4.01 and 5.01 subject to the following conditions:

a.    Child day care centers located in residences shall be separate from the usual living quarters of the family, or located in the portion of the residence used exclusively for children and their caregivers during the hours the center is in operation.

b.    Compliance with state licensing requirements.

c.    Prior to initiating child care services, each child care provider must file a Child Care Registration Form with the Department of Community Planning and Development (forms are provided by the Department). The child care provider must demonstrate compliance with the applicable requirements of the code as listed on the Registration Form. No fee will be required for registration.

2.    Accessory Use. A child day care center shall be considered an accessory use if it is sited on the premises of a community service use, such as a private or public school, grange, place of worship, community center, library, or similar adult gathering place and it is associated with that activity. Child care facilities for the exclusive use of employees of a business or public facility shall also be allowed as an accessory use of the business or facility. Prior to initiating operation of a child day care center, the operator must register with the City as specified in Subsection 1.

3.    Conditional Use. Child day care centers are allowed as a conditional use in the R-4, R 4-8, R 6-12 and MR 7-13 districts, subject to the requirements contained in Subsection A, and the following standard:

No structural or decorative alteration is permitted which would alter the residential character of an existing residential structure used as a child day care center.

E.    CEMETERIES AND CREMATORIUMS.

Crematoriums may be built and operated in conjunction with a cemetery, subject to conditional use approval.

F.    CO-HOUSING.

Co-housing developments are allowed in the districts specified in Table 4.01 and 6.01 subject to the following requirements:

1.    Common Structure. The following provisions apply to co-housing developments in the residential districts listed in OMC 18.04.

a.    Quantity, size, and use. Co-housing projects may contain any number of common structures, however, no more than two (2) common structures shall exceed eight hundred (800) square feet in size and none shall exceed five thousand (5,000) square feet in size. At least one (1) common structure shall contain a dining room and kitchen large enough to serve at least fifty percent (50%) of the development’s residents at a time (based upon occupancy of one (1) person per bedroom, and at least one (1) of the following: a children’s day care center, mail boxes for a majority of the residents, recreational facilities (such as pool tables or exercise equipment), laundry facilities, or a meeting room available for the use of all residents.

b.    Location. Common structures may be located in all developable portions of the site (e.g., excluding critical areas and their associated buffers and required building setback areas). However, within forty (40) feet of the site’s perimeter or a public street extending through the site, no more than two (2) common or accessory structures may be contiguous to one another (i.e., uninterrupted by a dwelling or a landscaped open space with no dimension less than forty (40) feet). This requirement does not apply to structures which would not be visible from the site’s perimeter or through streets (e.g., due to topography or vegetation) or which adjoin undevelopable property (e.g., critical areas) which will separate proposed structures by at least forty (40) feet from existing and potential dwelling sites. In no case shall more than fifty (50)% of any street frontage be occupied by common and/or accessory structures.

2.    Business Uses. Co-housing developments may contain business uses allowed as home occupations (see Section 18.04.060(L) in structures other than residential dwellings, subject to the conditions below:

a.    The total building square footage devoted to business uses in the entire development shall not exceed the rate of five hundred (500) square feet per dwelling unit.

b.    Business uses shall not occupy more than fifty (50) percent of a common building. The proportion of dwellings devoted to business uses shall comply with Section 18.04.060(L), Home Occupations.

c.    Structures containing a business which are visible from public rights-of-way adjoining the development shall give no outward appearance of a commercial use, other than one (1) sign mounted flush to the building in which the business is located. (See Chapter 18.42.120, Signs.) No outdoor storage related to a business may be visible from public rights-of-way bordering the development.

d.    Each business located in a co-housing development may employ a maximum of two (2) people who do not reside in the development. This limitation does not apply to seasonal agricultural employees.

e.    Business uses shall not emit noise, pollutants, waste products, or create impacts which would pose a nuisance or health risk for the occupants of abutting properties.

3.    Dwelling Units. Dwelling units in co-housing developments shall only be required to contain minimal kitchen facilities (e.g., a sink and stove or hot plate), consistent with the Uniform Building Code, provided that a common structure provides a fully equipped kitchen (e.g., containing a stove, refrigerator, and sink) and dining area available to all residents of the development.

4.    Approval Process. Applications for co-housing projects shall be processed pursuant to Chapter 18.56.

5.    Common Areas. A note shall be added to the plat or site plan, as applicable, which establishes common areas and precludes their conversion to another use. (See Sections 18.04A.250), Residential Design Guidelines for applicable design guidelines.)

6.    Platting.

a.    Dwellings in co-housing developments (as allowed in Table 4.01 or 6.01 for the applicable district) are not required to be located on individual lots.

b.    Perimeter setbacks. The minimum building setbacks for unplatted co-housing developments in the R-4, R 4-8, and R 6-12 districts are as follows:

i.    Five (5) feet from the side property line of an adjoining parcel.

ii.    Twenty (20) feet from public rights-of-way and the rear property lines of adjoining parcels.

The setbacks required in a. and b. above may be reduced per OMC Sections 18.04.080 (H)(2) and (5).

c.    Dwelling separation. Residential structures (i.e., houses, duplexes, and townhouse structures with up to four (4) units) in co-housing developments in an R-4, R 4-8, or R 6-12 district, which are not on individual lots, shall be separated by at least ten (10) feet along the site’s perimeter and six (6) feet elsewhere. Dwellings on individual lots are subject to the applicable setback standards specified in Table 4.04 or 6.01.

(See Sections 18.04A 180-230 and 18.04A.250, Residential Design Guidelines, for applicable design guidelines.)

G.    COMMERICAL GREENHOUSES, NURSERIES AND BULB FARMS.

As a condition of approval, applicants for commercial greenhouses, nurseries or bulb farms shall demonstrate to the satisfaction of the Hearing Examiner that said development will not pose a significant nuisance for residents of the surrounding neighborhood. Consideration shall be given to odor, noise and traffic generation, pesticide and herbicide use, hours of operation, and other relevant factors. In the Professional Office/Residential Multifamily District (PO/RM), the maximum gross floor area of a retail sales building shall be five thousand (5,000) square feet except 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.

H.    COTTAGE HOUSING.

Cottage housing developments shall comply with the following requirements:

1.    Courtyard. The development shall contain a courtyard or usable landscaped area owned in common by the owners of the dwellings. (See Section 18.04.080(J), Development Standards.)

2.    Site Design. Dwelling units shall be located on at least two (2) sides of the courtyard or common area. (See Section 18.04A.240, Residential Design Guidelines.)

3.    Number of Units. The development shall include no less than four (4) and no more than twelve (12) dwelling units per courtyard.

4.    Dwelling Size. Single story dwellings in cottage developments shall not exceed eight hundred (800) square feet in size. Two (2) story structures shall not exceed one thousand two hundred (1200) square feet in size.

5.    Parking. Parking shall be accommodated in a shared parking lot. (See Chapter 18.38, Parking.)

6.    Covenants. Covenants shall be recorded which establish common areas and preclude their conversion to another use.

I.    CRISIS INTERVENTION SERVICES.

Crisis intervention services shall not require a public hearing by the Hearing Examiner due to the need for location confidentiality. Applications for such a facilities will be reviewed administratively and shall be allowed subject to the provisions of Chapter 18.48, Conditional Uses, upon licensing of the proposed facility by the State.

J.    EXISTING USES.

Duplexes, parking lots (which are the primary use of the property), and drive-in and drive-through businesses which were legally established prior to June 19, 1995 are allowed as permitted uses in the districts specified in Table 4.01. Existing mineral extraction operations, veterinary clinics, and stables which were legally established prior to June 19, 1995 are allowed as conditional uses in the districts specified in Table 4.01. Such uses shall be treated the same as other allowed uses, consistent with applicable regulations and conditional use requirements. Other existing uses made nonconforming by this code are subject to the requirements of Chapter 18.37, Nonconforming Buildings and Uses.

K.    GROUP HOMES. Group homes are subject to the following requirements.

1.    License. Authorization for group homes shall be subject to the issuance of a license and/or certification by all appropriate local, state, and/or federal agencies. Use shall be discontinued and vacated when local, state, or federal certification is withdrawn or expires. Uses not subject to such licensing and/or certification requirements shall be operated by government agencies or by organizations with a demonstrated capability to operate such programs (such as by having a record of successful operation of a similar program, or by maintaining a staff or board of directors with appropriate experience).

2.    Separation. Group homes, housing six (6) or more unrelated adults, shall be separated from other group homes as shown on Table 4.02 and Table 4.03, except as otherwise precluded by state or federal law. When one group home is in an R-4, R 4-8 or R 6-12 district and another is not, the more restrictive separation standard shall apply.

3.    Lot Size. Group homes subject to conditional use approval with up to nine (9) residents, exclusive of on-site staff, shall have a minimum lot size of seven thousand two hundred (7,200) square feet. An additional five hundred (500) square feet of lot area is required for each resident above nine (9) residents.

4.    Site Plan. A detailed site plan shall be submitted with the application. The Hearing Examiner may increase the Development Standards specified in Table 4.04 as necessary to ensure compatibility of the group home with surrounding uses.

5.    Occupancy. Not more than twenty (20) residents shall be accommodated at one time, exclusive of required staff, in the R 4-8, R 6-12, MR 7-13, Neighborhood Center (NC), Urban Village (UV), Neighborhood Village (NV), and Community Oriented Shopping Center (COSC) districts.

6.    Maintenance. The group home shall be maintained in reasonable repair and the grounds shall be trimmed and trash free.

TABLE 4.02

GROUP HOME

SEPARATION REQUIREMENTS - R-4, R 4-8, R 6-12 DISTRICTS

	Offenders	Youth	Homeless
Offenders	2 miles	1 mile	1/2 mile
Youth	1 mile	1 mile	1/4 mile
Homeless	1/2 mile	1/4 mile	1/4 mile

TABLE 4.03

GROUP HOME

SEPARATION REQUIREMENTS - ALL DISTRICTS EXCEPT R-4, R 4-8, AND R 6-
12

	Offenders	Youth	Homeless
Offenders	2 miles	1 mile	None
Youth	1 mile	1 mile	None
Homeless	None	None	None

7.    Confidential Shelters. Applications for confidential shelters shall be processed administratively by the Department. Neither Public Notice Requirements nor a public hearing shall be required.

[NOTE: Also see Section 18.04.060(W), Essential Public Facilities.]

L.    HOME OCCUPATIONS.

The purpose of the home occupation provisions is to allow for the use of a residential structure for a non-residential use which is clearly an accessory use to the residential use and does not change the residential character of the neighborhood. Home occupations meeting the below requirements are allowed in any district in which residential uses are permitted.

1.    Review. Prior to both initial occupancy and issuance of any business license, the business operator or the operator’s agent shall certify that the home occupation will conform with the applicable requirements.

2.    General Standards. The following are the general requirements for home occupations. Also see specific standards for family child care homes, adult day care homes, bed and breakfast houses, and counseling.

a.    Home occupations must be conducted within the principal residence of the permit holder. Permit holders shall provide evidence thereof through such means as voter registration, driver’s license, tax statement, or other evidence of residency and sign a notarized affidavit attesting to their principal residence at the site.

b.    Home occupations are subject to inspections by city staff insofar as permitted by law. Permit holders shall execute a notarized affidavit agreeing to allow appropriate city staff the ability to conduct an inspection of the residence, after reasonable notice is given, to determine compliance with the home occupation permit.

c.    No person(s) other than the family member(s) who resides in the residence shall participate in the home occupation. The home occupation permit shall list the names of each resident who is employed by the business. Furthermore, the residence shall not be used as a place of congregation for work that occurs off the premises. This limitation shall not apply to properties abutting the west side of the 300 and 400 blocks of West Bay Drive Northwest.

d.    Home occupations shall occupy not more than twenty-five (25) percent of the total floor area of the dwelling or five hundred (500) square feet per dwelling unit, whichever is less; provided, however, that properties abutting the west side of the 300 and 400 blocks of West Bay Drive Northwest shall occupy not more than fifty percent (50%) of the total floor area of the dwelling or one thousand five hundred (1,500) square feet per dwelling unit, whichever is less. This limitation does not apply to family child care homes, adult day care homes, elder care homes, or bed and breakfast houses.

e.    The residential character of the lot and dwelling shall be maintained. The occupation shall be conducted entirely within a dwelling and/or accessory building by the occupant of the dwelling. A carport shall not be used for home occupations, except for parking. There shall be no structural alteration nor any exterior modification of the structure in order to accommodate the occupation.

f.    The occupation shall be conducted in such a manner as to give minimal outward appearance of a business, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy peaceful occupancy of their homes.

g.    Except for adult daycare, child daycare, and bed and breakfast businesses, the hours of operation, as related to customer or client visitations, shall be limited to no earlier than 7:00 a.m. and no later than 9:00 p.m.

h.    The following types of uses shall not be permitted as home occupations:

i.    Veterinarian, medical, and dental offices and clinics;

ii.    Vehicle sales or repair;

iii.    Contractors’ yards;

iv.    Restaurants;

v.    Exterminating services;

i.    No stock in trade shall be sold or displayed on the premises; provided, however, that this limitation shall not apply to properties abutting the west side of the 300 and 400 blocks of West Bay Drive Northwest. No equipment or material shall be stored on any exterior portion of the premises.

j.    Home occupations shall emit no noise, vibration, smoke, dust, odor, heat glare, fumes, electrical interference, pollutants or waste products detrimental to the environment, public safety or neighborhood, beyond those normally emanating from residential uses.

k.    Home occupations shall comply with all applicable local, state or federal regulations. Requirements or permission granted or implied by this section shall not be construed as an exemption from such regulations.

l.    A home occupation permit issued to one (1) person residing in the dwelling shall not be transferable to any other person, nor shall a home occupation permit be valid at any address other than the one appearing on the permit.

m.    Any person engaging in a home occupation shall register as a business under Chapter 5.04 of the Olympia Municipal Code, and shall be subject to the Business and Occupation Tax levied by the Olympia Municipal Code.

n.    The applicant shall demonstrate compliance with all city and state licensing requirements, including those pertaining to building, fire safety, and health codes.

o.    Parking of customer, employee, or client vehicles shall not create a hazard or unusual congestion. No more than two (2) off-street parking stalls shall be provided in addition to any required for the residence. A driveway may be used as off-street parking. Except for commercial type postal carriers, traffic generated by the home occupation shall not exceed two (2) commercial vehicles per week. See OMC Chapter 18.38 for parking requirements for specific home occupations.

3.    Specific Home Occupation Standards.

a.    Family Child Care Home. Family child care homes are allowed in all districts permitting residences, subject to the following conditions:

i.    Structural or exterior alterations which would alter the single-family character of an existing single family dwelling or be incompatible with surrounding residences are prohibited.

ii.    Prior to initiation of child care services, each child care provider must file a Child Care Registration Form with the Department of Community Planning and Development. The child care provider must demonstrate compliance with the applicable requirements of the code as listed on the Registration Form. No fee will be required for registration.

b.    Adult Day Care Homes. Adult day care homes are permitted in the districts specified in Table 4.01 and Table 5.01, subject to the following conditions.

i.    No more than six (6) adults (at least eighteen (18) years of age) shall be cared for in an adult day care home.

ii.    Adult day care homes shall not operate for more than twelve (12) hours per day.

iii.    The primary care giver shall reside in the adult day care home.

iv.    Emergency medical care may be provided in adult day care homes, but not routine care necessitating the services of a licensed health care professional (e.g., dispensing of medicine or convalescent care). The caregiver must be certified in basic First Aid and cardiopulmonary resuscitation. First Aid supplies, including bandages and an antiseptic, shall be available on premises.

v.    A smoke detector must be provided in each room occupied by people in day care. A fire extinguisher (rated 2A10 BC or the equivalent) must be installed in a readily accessible location. It shall be the responsibility of the day care operator to maintain the smoke detectors and fire extinguisher in operating condition.

vi.    The structure and grounds accommodating an adult day care shall not be altered in such a way that they manifest characteristics of a business or pose a nuisance for the occupants of abutting properties.

c.    Bed and Breakfast Houses. Bed and breakfast houses are subject to the following conditions:

i.    The owner shall operate the facility and shall reside on the premises.

ii.    There shall be no more than five (5) guest (rental) rooms for persons other than the members of the operator’s immediate family.

iii.    No bed and breakfast establishment shall be located closer than two hundred (200) feet to another bed and breakfast establishment, as measured in a straight line from property line to property line.

d.    Counseling. Counseling by single practitioners is permitted as a home occupation under the following conditions:

i.    Counseling for sex offenders and substance abuse is prohibited.

ii.    Group sessions are prohibited (i.e., more than two (2) people per session). This limitation shall not apply to home occupations in properties abutting the west side of the 300 and 400 blocks of West Bay Drive Northwest.

M.    HOSPICE CARE CENTER.

1.    Size. No more than five (5) patients may be cared for in hospice care centers located in a Mixed Residential 7-13 or Mixed Residential 10-18 district.

2.    The applicant shall submit proof of compliance with applicable state requirements (e.g., a license) as a condition of approval.

N.    LARGE MULTIFAMILY HOUSING PROJECTS.

To ensure that large multifamily housing projects provide a transition to adjoining lower density development, multifamily projects shall be subject to the following requirements:

1.    Mix of Dwelling Types.

a.    In the RM-18 and RMU districts, no more than seventy (70) percent of the total housing units on sites of ten (10) or more acres shall be of a single dwelling type (e.g., detached single-family units, duplexes, triplexes, multi-story apartment buildings, or townhouses).

b.    Multifamily housing projects in the RM-18 or RMU districts on sites of five (5) or more acres, which abut an existing or approved multifamily development of five (5) or more acres, shall contain a mix of dwelling types such that no more than eighty (80) percent of the total units in both projects (combined) are of one (1) dwelling type. The Director (or Hearing Examiner if applicable) shall grant an exception to this requirement if s/he determines that topography, permanent buffers, or other site features will sufficiently distinguish the developments.

2.    Transitional Housing Types. In the RM-18, MR 7-13 and MR 10-18 districts detached single-family houses or duplexes shall be located along the perimeter (i.e., to the depth of one (1) lot) of multifamily housing projects over five (5) acres in size which are directly across the street and visible from existing detached single-family houses. Townhouses, duplexes, or detached houses shall be located along the boundary of multifamily housing sites over five (5) acres in size which adjoin, but do not directly face, existing detached single-family housing (e.g., back to back or side to side). The Director (or Hearing Examiner) may allow exceptions to these requirements where existing or proposed landscaping, screening, or buffers provide an effective transition between the uses. (See Chapters 18.170 Multi-Family Residential Design Guidelines and 18.36.140 Residential Landscape requirements.)

O.    MANUFACTURED HOMES.

A manufactured home is allowed in all zoning districts that allow single family residences, if the home is a new, designated manufactured home (See OMC 18.02.180.A-Definitions), and meets the following criteria:

1.    Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

2.    Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

3.    Has exterior siding similar in appearance to siding materials commonly used on conventional site-built single family residences that are built pursuant to the applicable Building Code.

P.    MANUFACTURED OR MOBILE HOME PARKS.

The following requirements apply to all manufactured/mobile home parks subject to conditional use approval.

1.    Site Size. The minimum size for a manufactured or mobile home park shall be five (5) acres.

2.    Utilities. Manufactured or mobile home parks shall be completely and adequately served by City utilities.

3.    Lot Sizes. Each space or lot upon which a manufactured or mobile home is to be located shall be at least two thousand five hundred (2,500) square feet in area and have a minimum width of thirty (30) feet, exclusive of common parking areas and driveways.

4.    Accessory Buildings. Buildings and structures accessory to individual manufactured or mobile homes shall be allowed, provided at least fifty (50) percent of the space or lot remains in open space. An accessory roof or awning may be attached to a manufactured or mobile home and shall be considered a part thereof. Automobile parking spaces, which are not computed in the space or lot area, may be covered with a carport.

5.    Access. All drives within the park shall be hard surfaced. Sidewalks and paths shall be provided consistent with applicable City Development Standards.

6.    Clearance. There shall be at least ten (10) feet clearance between manufactured or mobile homes. Manufactured or mobile homes shall not be located closer than ten (10) feet from any building within the park or from any property line bounding the park.

7.    Screening. There shall be sight-obscuring fencing (see Section 18.40.060(D), Fencing), landscaping, or natural vegetated buffers at least eight (8) feet wide on all sides of the park. Such screening shall contain openings which provide direct pedestrian access to adjoining streets and trails.

8.    Open Space. At least five hundred (500) square feet of ground area for each manufactured or mobile home space shall be made available in a centralized location or locations for recreational uses. (See Section 18.04.080(J).

9.    Lighting. Access roadways and recreational areas shall be provided with general area lighting at no less than five-tenths (5/10) foot candle intensity as measured at ground level.

10.    Site Plan. A complete and detailed plot plan shall be submitted to the Hearing Examiner for approval. The plan shall show the locations and dimensions of all contemplated buildings, structures, spaces, driveways and roads and recreational areas. The City may require additional information as necessary to determine whether the proposed park meets all the above mentioned conditions and other applicable provisions of this code.

Q.    MIXED RESIDENTIAL DISTRICTS.

Development in Mixed Residential Districts shall comply with the following requirements:

1.    Mix of Dwelling Types. Each housing project in the Mixed Residential 7-13 and Mixed Residential 10-18 districts shall attain a mix of housing types consistent with the following.

a.    Mixed residential 7-13 district.

i.    A minimum of sixty-five (65) percent and a maximum of seventy-five (75) percent of the total authorized units in a development must be single family dwellings. At least seventy (70) percent of these single family dwellings must be detached.

ii.    A minimum of twenty-five (25) percent and a maximum of thirty-five (35) percent of the authorized housing units shall consist of duplexes, triplexes, or larger apartment buildings. A maximum of fifteen (15) percent of the authorized dwelling units may be contained in apartment buildings with five (5) or more units.

b.    Mixed residential 10-18 district.

i.    A minimum of thirty-five (35) percent and a maximum of seventy-five (75) percent of the authorized dwelling units in a development must be single family dwellings.

ii.    A minimum of twenty-five (25) percent and a maximum of sixty-five (65) percent of the authorized dwelling units shall consist of duplexes, triplexes, or larger apartment buildings. A maximum of fifty-five (55) percent of the authorized units may be contained in apartment buildings with five (5) or more units.

Housing types in MR Districts must be intermixed.

FIGURE 4-1

c.    Housing developments in the MR Districts shall intermix housing types rather than segregating them from one another. (Also see Section 18.04.060(N)(2)).

i.    No more than two (2) apartment buildings with more than five (5) units shall be contiguous to one another (uninterrupted by another housing type). Buildings separated by streets shall be considered contiguous.

ii.    No more than three (3) townhouse structures (contained a maximum of four (4) units) shall be contiguous to one another, consistent with Chapter 18.64, Townhouses.

iii.    No more than three (3) duplexes, triplexes or fourplexes shall be contiguous to one another.

2.    Large or Phased Subdivisions. Proposed subdivisions in the MR 7-13 or MR 10-18 districts containing more than five (5) acres or creating tracts for future subdivision shall be processed pursuant to Chapter 18.56. The master plan for the development shall show how the entire site (in contiguous ownership) will be subdivided/developed consistent with the requirements contained in a. above and other relevant provisions of this Code.

3.    Compliance with Standards. Subdivision plats for property in the MR 7-13 or MR 10-18 districts shall include a restriction prohibiting any future subdivision of lots or tracts which would increase the density in the original project area beyond the maximum density allowed in Table 4.04 (and as hereafter amended) or deviate from the mix of dwelling types required in a. above.

R.    WORKSHOP FOR DISABLED PEOPLE.

All nonprofit institutions serving the mentally or physically challenged which are subject to conditional use approval shall comply with the standards for commercial, business and trade schools (Section 18.06.060(X)).

S.    NURSING OR CONVALESCENT HOME.

The Director or Hearing Examiner, as applicable, may increase the minimum lot size, screening, setback and other requirements for nursing and convalescent homes as necessary to ensure their compatibility with adjacent residential uses.

T.    PARKS AND PLAYGROUNDS.

1.    Neighborhood Parks. Neighborhood parks are allowed as permitted uses in the districts specified in Table 4.01, provided they comply with the following provisions. Proposed parks which do not comply with these provisions shall be processed as conditional uses.

a.    The proposed park will not contain athletic fields which are lighted or designed for organized, competitive team sports (e.g., regulation size softball or soccer fields.)

b.    The proposed park site does not abut a convalescent/nursing home or hospital, except where the facility’s administrator indicates in writing that such a park would be compatible with the use.

c.    The park will close by 10:00 p.m.

d.    The park will contain no more than ten (10) parking spaces.

e.    The park will be no larger than ten (10) acres.

2.    Public Trails. Public trails are allowed as permitted uses in all residential districts provided that the parking area at the trail head(s) contains space for no more than ten (10) motor vehicles. Trails served by parking lots with capacity for more than ten (10) motor vehicles shall be conditional uses.

3.    Public Open Space. Public open space is allowed as a permitted use in all residential districts provided that any associated parking area contains space for no more than ten (10) motor vehicles. Public open spaces served by parking lots with capacity for more than ten (10) motor vehicles shall be conditional uses.

4.    Conditional Use Requirements. The following requirements apply to all public parks, playgrounds and recreation facilities subject to conditional use approval. [NOTE: Tennis, basketball and similar recreational courts and facilities built in conjunction with a residential development shall be considered as an accessory use and do not require conditional use approval, provided the use of the facilities is limited to residents of that development and their guests. Athletic facilities shall be deemed accessory to a place of worship if the use is limited to members and guests.]

a.    Outdoor play areas shall be sited and screened to protect the neighborhood from noise and other disturbances which would pose a nuisance for occupants of adjoining residences.

b.    If food service facilities are proposed as part of the park, they shall be noted separately in the plans and given specific consideration by the Hearing Examiner.

c.    If the facility will contain food service facilities or is intended to be used for tournaments, additional parking shall be provided as required by the Hearing Examiner.

d.    The Hearing Examiner shall approve recreational facilities only if the proposed facility will not have a significant adverse effect on the immediate neighborhood.

U.    PLACES OF WORSHIP.

The following requirements apply to all places of worship subject to conditional use approval.

1.    Location. Before a place of worship may be located in an R-4, R 4-8, R 6-12, MR 7-13 or MR 10-18 district, at least one (1) of the following locational criteria shall be met:

a.    The proposed place of worship shall be located within three hundred (300) feet of an arterial street, major collector street, or an access point on a highway; or

b.    The site is within three hundred (300) feet of a school and/or park; or

c.    The place of worship was the legal owner of the property prior to June 20, 1961.

2.    Plan Review. Plans showing the site layout and design of proposed buildings shall be submitted for approval to the Hearing Examiner and the Site Plan Review Committee.

3.    Size. The minimum lot size shall be twenty thousand (20,000) square feet.

4.    Dwelling Units. Any dwelling in conjunction with a place of worship shall comply with the provisions governing residential uses in the district where it is located.

5.    Conversion. No existing building or structure shall be converted to a place of worship unless such building or structure complies or is brought into compliance with the provisions of this code and any other applicable City regulations.

6.    Screening. There shall be sight-obscuring screening along the perimeter of parking lots adjunct to a place of worship which are located across the street from or abutting a residential use. (See Chapter 18.36, Landscaping and Screening.)

7.    Associated Uses. Uses sponsored by a place of worship such as day-schools, auditoriums used for social and sports activities, health centers, convents, preschool facilities, convalescent homes and others of similar nature shall be considered separate uses subject to the provisions of the district in which they are located. (See Section 18.04.060(D) which provides for child care centers as accessory uses.)

V.    PUBLIC FACILITIES.

The following requirements apply to all public facilities in residential districts. (Also see Section 18.04.060(W), Public Facilities-Essential.)

1.    Location. Public buildings, park-and-ride lots, and bus transfer stations shall be located along arterial or major collector streets.

2.    Site Design. The Hearing Examiner may deviate from the development standards specified in Section 18.04.080, based on other developments within the neighborhood and the utilization and functions of the use being established. In no case, however, shall the lot size be less than the minimum lot size established by Table 4.04. Landscaping and screening shall meet the requirements for commercial uses, as specified in Chapter 18.36, Landscaping and Screening.

3.    Ownership. If the facility is in a residential district (listed in Chapter 18.04 or 18.05), it must be owned or leased by a governmental agency. Property under lease to the government must be subject to an agreement establishing a clear intent to purchase, beyond an option to purchase.

4.    Storage Facilities. If the facility is intended for storage of equipment or materials, it shall be limited to serving the section of the city in which it is located. Storage of park equipment and materials shall be considered accessory to the park and shall not be subject to this requirement.

W.    PUBLIC FACILITIES, ESSENTIAL.

The following essential public facilities are allowed subject to the conditions below and any other applicable provisions of this code: Colleges; group homes (not including secure community transition facilities); sewage treatment facilities; communication towers and antennas; state highways; and railroad lines.

1.    Classification of Essential Public Facilities. Essential public facilities shall be classified as follows:

a.    Type one: These are major facilities serving or potentially affecting more than one (1) county. They include, but are not limited to, regional transportation facilities; state correction facilities; and colleges.

b.    Type two: These are local or interlocal facilities serving or potentially affecting residents or property in more than one (1) jurisdiction. They include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and group homes. [NOTE: Such facilities which would not have impacts beyond the jurisdiction’s boundary would be Type Three facilities.]

c.    Type three: These are facilities serving or potentially affecting only Olympia. In order to enable the City to determine the project’s classification, the applicant shall identify the approximate area within which the proposed project could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, or emissions.

2.    Notification. Prospective applicants for Type One or Type Two essential public facilities shall provide early notification and involvement of affected citizens and jurisdictions as follows:

a.    At least ninety (90) days before submitting an application for a Type One or Type Two essential public facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposed project. This shall include identification of sites under consideration for accommodating the proposed facility, and the opportunities to comment on the proposal. Applications for specific projects shall not be considered complete without proof of a published notice regarding the proposed project in a local newspaper of general circulation. This notice shall include the information described above and shall be published at least ninety (90) days prior to submission of the application. [NOTE: The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made a siting decision. The Thurston Regional Planning Council may provide the project sponsor and affected jurisdiction(s) with their comments or recommendations regarding alternative project locations during this ninety (90) day period.]

3.    Critical Areas. Essential public facilities shall not have any probable, unmitigatable, significant adverse impact on Critical Areas.

4.    Proximity to Arterials. Essential public facilities which are expected to generate more than five hundred (500) motor vehicle trips during the hour of peak traffic generation shall be sited within one-fourth (¼) mile of a highway or arterial street served, or planned to be served, by mass transit.

5.    Analysis of Alternative Sites. Applicants for Type One essential public facilities shall provide an analysis of the alternative sites considered for the proposed facility. This analysis shall include the following:

a.    An evaluation of the sites’ capability to meet basic siting criteria for the proposed facility, such as size, physical characteristics, access, and availability of necessary utilities and support services;

b.    An explanation of the need for the proposed facility in the proposed location;

c.    The sites’ relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger;

d.    A general description of the relative environmental, traffic, and social impacts associated with locating the proposed facility at the alternative sites which meet the applicant’s basic siting criteria. The applicant shall also generally describe proposed mitigation measures to alleviate or minimize significant potential impacts; and

e.    A description of the process used to identify and evaluate the alternative sites.

X.    UTILITY FACILITY.

1.    Permitted and Conditional Facilities. All utility actions and facilities described in SEPA, WAC 197-11-800, Part Nine, Item 23, Categorical Exemptions, shall be permitted uses. In addition, Item 23(b) shall be modified for the purposes of this section to include any utility actions and facilities specifically addressed in any adopted water, sewer, stormwater, drainage basin, or similar plan that has been subject to a public hearing, and any utility actions and facilities needed to correct system deficiencies or to satisfy other ministerial requirements when performed in conjunction with minor road and street improvements as described in SEPA Rules, WAC 197-11-800, Part Nine, Item 2(c). All other non-exempt actions and facilities shall require a conditional use permit.

For purposes of this Section, SEPA WAC 197-11-800 Part Nine, Item 23(d) shall be modified as follows: All natural gas lines of twelve (12) inches in nominal diameter or less, and appurtenances, are allowed within a dedicated and opened public rights-of-way (improved public access) or easement adjacent to such rights-of-way. Twelve (12) inch nominal diameter lines or greater which are located elsewhere require conditional use approval.

2.    Conditional Use Requirements. The following requirements apply to all public utilities subject to conditional use approval.

a.    Demonstration of need. The applicant must demonstrate to the satisfaction of the Hearing Examiner, the need for the particular public utility in the proposed location.

b.    Plans. The applicant shall submit complete plans showing the elevations and locations of the buildings and structures, together with locations of buildings and pertinent topographic features and adjoining properties. Approval of such plans shall be contingent upon compatibility with surrounding properties.

c.    Nuisances. Rotary converters, generating machinery, or other equipment that would cause noise, electrical interference or similar disturbances beyond the property line are prohibited.

d.    Storage. Outdoor storage of motor vehicles or materials is prohibited.

e.    Screening. The site shall be screened; however, if the facility is entirely enclosed within a building, landscaping is sufficient. (See Chapter 18.36, Landscaping and Screening.)

Y.    RACING PIGEONS.

1.    Quantity. No more than fifty (50) performing or racing pigeons shall be maintained on any parcel less than one (1) acre in size. No more than one hundred (100) performing or racing pigeons shall be maintained on any parcel one (1) acre or larger in size.

2.    Identification. Racing and performing pigeons shall be identified by a leg band containing the name or initials of the owner, or an identification number.

3.    Maintenance. Racing and performing pigeons shall be maintained only in a loft which:

a.    Is constructed in accordance with the standards for accessory structures.

b.    Is located within the rear half of a lot and in accordance with the setback requirements for accessory structures.

c.    Is maintained in a sanitary, hygienic condition so as not to create offensive odors, noise or nuisances.

i.    Pigeons shall be maintained in a healthy, disease free condition.

ii.    Loft scrapings, dead birds and other wastes shall be disposed of regularly and in a manner which does not create a health hazard or nuisance.

4.    Release. Pigeons shall be released only for training and performing purposes, and shall not perch or linger on, or destroy or deface, the buildings or property of neighboring residents.

Z.    RADIO, TELEVISION, AND OTHER COMMUNICATION TOWERS.

Radio, television, and other communication towers shall meet the requirements of Sections 18.04.060(W) and 18.44.100.F.

AA.    RMH and UR DISTRICTS COMMERCIAL USE REQUIREMENTS.

1.    Commercial uses in the RMH District (see Table 4.01) shall only be allowed in mixed use buildings and shall not exceed five thousand (5,000) square feet in size.

2.    Commercial uses in the UR District (See Table 4.01) shall only be allowed in mixed use buildings and shall not exceed ten percent (10%) of gross floor area or five thousand (5,000) square feet in size, whichever is smaller.

3.    In the UR District, on half block areas facing Union Street office/commercial or other allowed uses equivalent to one story may be built when part of a housing project.

BB.    RMU DISTRICT REQUIREMENTS.

Projects in the RMU District shall comply with the following requirements:

1.    Proportions of Residential and Commercial Development.

a.    Residential development shall comprise at least fifty (50) percent of the gross floor area of any development permitted in this district after January 1, 1994. Non-residential conditional uses are exempt from this residential requirement. Housing required in this district must be located within the contiguous RMU District in which the proposed commercial component of the project is located.

b.    Up to fifty (50) percent of the total building floor area for a development in the RMU District may consist of commercial development in the following configurations:

i.    Mixed use buildings; or

ii.    Commercial and residential uses in separate buildings on the same site; or

iii.    Commercial and residential uses on separate sites within a contiguous district.

2.    Occupancy. Housing constructed as part of a mixed-use project must receive final inspection at the same time as, or in advance of, issuance of an occupancy permit for non-residential portions of the project.

3.    Conversion. Housing provided to satisfy this requirement shall not be converted to commercial use. [NOTE: A deed restriction may be used to satisfy this requirement.]

CC.    SCHOOLS.

The following requirements apply to all academic schools subject to conditional use approval. Colleges shall also be subject to the following conditions when locating in a residential or village district (listed in this Chapter and Chapter 18.05).

1.    Site Size. Middle and high schools in residential and village districts (listed in Chapters 18.04 and 18.05) and elementary schools in all districts shall have a minimum site size of one (1) acre per one hundred (100) students (e.g., one (1) to one hundred (100) students requires a one (1) acre site; a two (2) acre site is needed for an enrollment of one hundred and one (101) students to two hundred (200) students. The Hearing Examiner may allow smaller school sites if the applicant demonstrates that:

a.    The size of the site is sufficient to accommodate proposed facilities and activities without creating significant adverse impacts upon residents of adjoining properties; and

b.    The proximity and typical impact (e.g., noise, glare, and emissions) of adjoining uses would not routinely disrupt students.

2.    Outdoor Play Area. Sites accommodating elementary schools with ten (10) or more students shall contain at least two (2) square feet of open space (consistent with Section 18.04.080(J)(1)) for every one (1) square foot of floor area devoted to classrooms. This open space shall contain an outdoor play area (open or covered) equipped with play equipment suitable for the students’ age group. No dimension of such play areas shall be less than twenty (20) feet.

3.    Building Size. The building, or the portion of the building used as a school, shall contain at least eighty (80) square feet of gross floor area per student enrolled at the school. The Hearing Examiner may allow a smaller building size if the applicant demonstrates that less space is needed to accommodate the proposed school.

4.    Screening. Any portion of the site which abuts upon a residential use shall be screened. (See Chapter 18.36, Landscaping and Screening).

5.    Portables. Portable classrooms are permitted as accessory uses for an existing school. However, installation of more than ten (10) portables per school shall require conditional use approval. All portables and other accessory buildings must comply with screening requirements in c. above.

6.    Building Expansion. Building expansion depicted in a City-approved master plan or comprising no more than ten (10) percent of a preapproved floor plan is permitted. Greater expansion shall require conditional use approval. All incremental expansions are considered cumulative.

DD.    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 payment of the fee required by OMC 4.40.010(A).

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

a.    No temporary use shall be permitted on public rights-of-way, unless a rights-of-way obstruction permit is authorized by the Public Works Department.

b.    Temporary uses not listed in the use table in 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.

c.    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 International Building Code.

d.    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 any abatement action and costs should the permittee fail to properly clean and repair the property.

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

3.    Specific Temporary Use Standards. The following temporary uses are permitted subject to the requirements below.

a.    Use of mobile homes as emergency housing during reconstruction of a dwelling following damage sustained from earthquake, fire, storm or other natural disaster, not to exceed the period of reconstruction.

b.    One model home per five acres may be constructed in each subdivision prior to final plat approval. Model homes shall contain a functional restroom served by City water. The applicant for a model home permit shall provide adequate parking and emergency access. The Director may authorize appropriate temporary provisions of water and sewer service and other utilities prior to final plat approval. Operation of model homes shall cease when building permits have been issued for ninety (90) percent of the subdivision’s lots.

c.    Residences rented for personal social events, such as wedding receptions, private parties or similar activities. No more than six (6) such events may occur during any one (1) year.

d.    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.

4.    Violations. At any time when such temporary use is operated in violation of required conditions of this section, or otherwise found to constitute a nuisance, the City may revoke the temporary use permit. The permittee shall be given notice of and an opportunity to contest the revocation prior to a final determination. If, in the opinion of the approval authority, the violation poses a life, health, or safety threat, the temporary use permit may be revoked immediately, and the permittee shall be given the opportunity to request reconsideration and/or appeal.

EE.    GARAGE PLACEMENT AND WIDTH.

(Also see Section 18.04A.210, Residential Design Guidelines, Garage Design).

1.    Applicability. The standards listed in Section c. below apply only to:

a.    Single-family dwellings on lots of five thousand (5,000) square feet or less in size located in subdivisions for which a complete preliminary plat application is submitted after April 22, 1996;

b.    Single-family dwellings on lots within the areas depicted by Figure 4-2a, where at least fifty (50) percent of the lots within three hundred (300) feet on the same block face and the block face directly across the street are vacant or occupied by dwellings with flush or recessed garages;

c.    Duplexes;

d.    Triplexes; and

e.    Fourplexes.

2.    Exceptions. The dwellings listed in a. above are exempt when located on one of the following types of lots:

a.    Lots fronting on private access lanes (see the Olympia Development Guidelines and Public Work Standards) where the garage would not face a public street;

b.    Flag lots (see Section 18.02.180, Definitions, Lots);

c.    Wedge-shaped lots (see Section 18.02.180, Definitions, Lots); and

d.    Lots with trees or topography which preclude compliance with the provisions of this Section, as determined by the approval authority.

3.    Garage Standards.

a.    Garages shall not protrude ahead of the dwelling’s ground floor front facade more than:

i.    Eight (8) feet on two (2) story dwellings (i.e., dwellings with habitable space above the ground floor); or

ii.    Four (4) feet on single-story dwellings.

These requirements above (i. and ii.) do not apply to garages with doors which do not face the street (see Section 18.04A.210, Residential Design Guidelines - Garage Design), or garages flush with the supporting posts of covered porches which span the remainder of the dwelling’s front facade.

b.    Garage width shall not exceed the following percentage of the dwelling’s front facade.

i.    Two-story dwellings (containing habitable space above the ground floor): sixty (60) percent.

ii.    Single-story dwellings: fifty (50) percent.

For purposes of the above measurements, garage width shall include the garage doors facing the street plus any required supporting panel. The dwelling’s facade shall be measured in a straight line, parallel to the building face, between the outermost ends of the facade facing the street. See Figure 4-2b.

Areas Subject to Infill Regulations

Where the boundary coincides with a street, lots on both sides of the street are subject to the applicable regulations and design guidelines.

FIGURE 4-2a

Measurement of Front Facade

FIGURE 4-2b

FF.    HIGH DENSITY CORRIDOR TRANSITION AREA.

The High Density Corridor Transition Area is delineated in Figures 4-2c and 4-2d. The following standards shall apply to this area:

1.    Triplex and Fourplex housing types shall be permitted uses in areas designated in Figures 4-2c and 4-2d.

2.    The development standards of the underlying zone shall apply to triplexes and fourplexes, except as stated below:

a.    A triplex shall have a minimum lot size of 7,200 square feet. A fourplex shall have a minimum lot size of 9,600 square feet.

b.    Both triplexes and fourplexes shall have a minimum lot width of 80 feet.

c.    Three stories are allowed with a maximum 35 foot height.

d.    Side yard setbacks for triplex and fourplex housing types shall be a minimum of ten feet.

e.    Development subject to the provisions of this chapter shall meet design standards contained in 18.175 Infill and Other Residential.

FIGURE 4-2c

FIGURE 4-2d

(Ord. 6592 §3, 2008; Ord. 6581 §2, 2008; Ord. 6517 §9-11, 2007; Ord. 6395 §16-21, 2006; Ord. 6323 §4, 2004; Ord. 6273 §12 §15, §17, 2003; Ord. 6261, §1, 2002; Ord. 6229 §2, 2002; Ord. 6210 §3, 2002; Ord. 6140 §17, §18, §19, 2001; Ord. 6092 §1, 2001; Ord. 5907 §2, 1999; Ord. 5830 §3, 1998; Ord. 5801 §2, 1998; Ord. 5787 §1, 1998; Ord. 5714 §5, 32, 1997; Ord. 5664 §3, 1997; Ord. 5661 §2, 1996; Ord. 5595 §3, §4, §5, 1995; Ord. 5535 § 1, 1995; Ord. 5517 §1, 1995)

18.04.080 - TABLES: Residential Development Standards

TABLE 4.04

RESIDENTIAL DEVELOPMENT STANDARDS

DISTRICT

R1/5

R4

R-4CB

RL1

R 4-8

R 6-12

MR 7-13

MR 10-18

RM-18

RM-24

RMH

RMU

MHP

UR

ADDITIONAL REGULATIONS

MAXIMUM HOUSING DENSITY (in units per acre)

1/5

4

4

4

8

12

24

30

24

30

---

---

12

---

18.04.080(A)

MAXIMUM AVERAGE HOUSING DENSITY (in units per acre)

---

4

4

4

8

12

13

18

18

24

---

---

12

---

18.04.080(A)(2)

MINIMUM AVERAGE HOUSING DENSITY (in units per acre)

---

---

---

2

4

6

7

10

8 Manufactured Housing Parks = 5

18 Manufactured Housing Parks = 5

---

---

5

---

18.04.080(B)

MINIMUM LOT SIZE

4 acres for residential use; 5 acres for non-residential use

2,000 SF minimum 3,000 SF average = townhouse 5,000 SF = other

One acre; reduced to 12,000 SF if associated with a drainage dispersal tract of at least 65% in the same subdivision plat.

2,000 SF minimum 3,000 SF average = townhouse 4,000 SF = zero lot 5,000 SF = other 6,000 SF = duplex 7,200 SF = multi-family

2,500 SF = cottage 4,000 SF = zero lot 2,000 SF minimum, 3,000 SF average = townhouse 5,000 SF = other

2,000 SF = cottage 3,500 SF = zero lot 1,600 SF minimum, 2,400 SF average = townhouse 7,200 SF = duplex, triplex 9,600 SF = fourplex 5,000 SF = other

1,600 SF = cottage 3,000 SF = zero lot 1,600 SF minimum, 2,400 SF average = townhouse 6,000 SF = duplex 9,000 SF = multifamily 4,500 SF = other

1,600 SF = cottage 3,000 SF = zero lot 1,600 SF minimum, 2,400 SF average = townhouse 6,000 SF = duplex 7,200 SF = multifamily 4,000 SF = other

1,600 SF = cottage 3,000 = zero lot 1,600 SF minimum, 2,400 SF average = townhouse 6,000 SF = duplex 7,200 SF = multifamily 4,000 SF = other

1,600 SF minimum, 2,400 SF average = townhouse 2,500 SF = mobile home park

1,600 SF minimum, 2,000 SF average = townhouse 2,500 SF = mobile home park

1,600 SF minimum, 2,000 SF average = townhouse

2,000 SF = cottage 3,500 SF = zero lot 1,600 SF minimum 2,400 SF average = townhouse 7,200 SF = duplex 2,500 SF = mobile home park 5,000 SF = other

1,600 SF minimum, 2,000 SF average = townhouse 2,500 SF = mobile home park

18.04.080(C) 18.04.080(D) 18.04.080(E) 18.04.080(F) Chapter 18.64 (townhouses) 18.04.060(P) (mobile home parks)

MAXIMUM HOUSING DENSITY (in units per acre)

1/5

4

4

MINIMUM LOT WIDTH

30’ except: 16’ = townhouse

50’ except: 18’ = townhouse

100’

30’ except: 16’ = townhouse; 60’ = duplex 80’ = multi-family

50’ except: 35’ = cottage 45’ = zero lot 18’ = townhouse

50’ except: 30’ = cottage 40’ = zero lot 16’ = townhouse 80’ = duplex, triplex, fourplex

50’ except: 30’ = cottage 40’ = zero lot 16’ = townhouse 70’ = duplex 80’ = multifamily

50’ except: 30’ = cottage 40’ = zero lot 16’ = townhouse 70’ = duplex 80’ = multifamily

30’ = mobile home park

30’ = mobile home park

---

---

50’ except: 30’ = cottage 40’ = zero lot 16’ = townhouse 80’ = duplex 30’ = mobile

home park

---

18.04.80(D)(1) 18.04.080(F) 18.04.080(G) 18.04.060(P) (mobile home parks)

MINIMUM FRONT YARD SETBACKS

20’ except: 50’ for agricultural buildings with farm animals

20’

20’

20’ except: 10’ with side or rear parking; 10’ for flag lots; 50’ for agricultural buildings with farm animals.

20’ except: 10’ with side or rear parking; 10’ for flag lots; 50’ for agricultural buildings with farm animals.

20’ except: 10’ with side or rear parking; 10’ for flag lots; 50’ for agricultural buildings with farm animals.

20’ except: 10’ with side or rear parking; 10’ for flag lots; 50’ for agricultural buildings with farm animals.

15’ except: 10’ with side or rear parking; 10’ for flag lots; 50’ for agricultural buildings with farm animals.

10’

5’

5’ except: 10’ for structures 35’ or taller

10’ except: 20’ along Legion Way

20’ except: 10’ with side or rear parking; 50’ for agricultural buildings with farm animals

0-10’ except: 10’ on Capitol House Block

18.04.080(H) 18.04.080(I)

MAXIMUM FRONT YARD SETBACK

25’

18.04.080(H)

MINIMUM REAR YARD SETBACKS

10’ except: 50’ for agricultural buildings with farm animals

25’

50’

10’ except: 50’ for agricultural buildings with farm animals.

20’ except: 50’ for agricultural buildings with farm animals; 10’ for cottages, wedgeshaped lots, and zero lots

20’ except: 50’ for agricultural buildings with farm animals; 10’ for cottages, wedgeshaped lots, and zero lots

20’ except: 15’ for multifamily; 10’ for cottages, wedgeshaped lots, and zero lots

15’ except: 10’ for cottages, wedgeshaped lots, and zero lots; 20’ with alley access

10’ except: 15’ for multifamily

10’ except: 20’ next to an R 4-8 or R-12 district

5’ except: 20’ for structures 35’ or higher

5’

20’ except: 50’ for agricultural buildings with farm animals; 10’ for cottages and zero lots

5’ except: 10’ for structures over 42’

18.04.080(D) 18.04.080(F) 18.04.080(H) 18.04.080(I)

MINIMUM SIDE YARD SETBACKS

5’ except: 10’ along flanking streets; provided garages are set back 20’; 50’ for agricultural buildings with farm animals

5’ except: 10’ along flanking street; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 50’ for agricultural building with farm animals.

10’ minimum each side, and minimum total of 60’ for both side yards.

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 50’ for agricultural buildings with farm animals.

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 3’ for cottages; 50’ for agricultural buildings with farm animals.

5’ except: 10’ for triplex, fourplex 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 3’ for cottages; 50’ for agricultural buildings with farm animals.

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 3’ for cottages;

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 3’ for cottages

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 3’ for cottages; 10’ for multifamily; 20’ next to R 4-8, or R 6-12 district 10’ - mobile home park

5’ except: 10’ along flanking streets; except garages shall meet Minimum Front Yard Setbacks 6’ on one side of zero lot; 20’ next to R 4-8, R 6-12 district. 10’ - mobile home park

5’ except: 10’ along flanking streets; 6’ on one side of zero lot;

---

5’ except: 10’ along flanking streets; 6’ on one side of zero lot; 3’ for cottages; 50’ for agricultural buildings with farm animals 10’ - mobile home park

No minimum 10’ on Capitol House Block

18.04.080(H)

MAXIMUM BUILDING HEIGHT

35’

35’, except: 16’ for accessory buildings

40’ except: 16’ for accessory buildings

40’ except: 16’ for accessory buildings

35’, except: 16’ for accessory buildings; 25’ for cottage 35’ on sites 1 acre or more, if setbacks equal or exceed building height

35’, except: 16’ for accessory buildings; 25’ for cottages

45’, except: 25’ for cottage; 16’ for accessory buildings

45’, except: 25’ for cottage; 16’ for accessory buildings

35, except: 16’ for accessory buildings; 25’ for cottage

42’

60’

See 18.04.080 (I)

2 stories or 35’ whichever is less, except: 16’ for accessory buildings; 25’ for cottages

42’or as shown on Figure 4-5A & 18.04.080 (3)

18.04.080(I)

MAXIMUM BUILDING COVERAGE

45% = lots of 10,000 SF; 25%=lots of 10,001 SF to 1 acre; 6%=1.01 acre or more

35% 60% = townhouses

6%; increased to 18% if associated with drainage dispersal tract of at least 65% in the same subdivision plat.

Refer to Maximum Impervious Surface Coverage below

45% = .25 acre or less 40% = .26 acres or more 60% = townhouses

55% = .25 acre or less 40% = .26 acres or more 70% = townhouses

45%

50%

50%

55%

85%

85%

45% = .25 acres or less 30% = .26 to 1 acre 25% = 1.01 to 3 acres 20% = 3.01 acres or more

85% except for stoops, porches or balconies

MAXIMUM ABOVE-GRADE STORIES

2 stories

3 stories

3 stories

2 stories

2 stories,

3 stories = triplex, fourplex

4 stories

4 stories

3 stories

3 stories

5 stories

5 stories

MAXIMUM HOUSING DENSITY (in units per acre)

1/5

4

4

MAXIMUM IMPERVIOUS SURFACE

COVERAGE

45% = lots of 10,000 SF;

25%=lots of 10,001 SF to 1 acre;

6%=1.01 acre or more

45%

70% = Townhouses

6%; increased to 18% if associated with drainage dispersal tract of at least 65% in the same subdivision plat.

2,500 SF

55% = .25 acre or less

50% = .26 acre or more

70% = Townhouses

65% = .25 acre or less

50% = .26 acres or more

70% = Townhouses

70%

70%

70%

75%

85%

85%

65% = .25 acre or less

40% = .26 to 1 acre

35% = 1.01 to 3 acres

25% = 3.01 + acres

70% = townhouses

85% except for stoops, porches or balconies

MINIMUM OPEN SPACE

220 tree units per acre required

65% drainage dispersal area required; may double as tree tract or critical areas buffer.

450 SF/unit for cottage developments

450 SF/unit for cottage developments

30% for multifamily

450 SF/unit for cottage developments

30% for multifamily

450 SF/unit for cottage developments

30%

500 SF/space for mobile home park

25%

500 SF/space for mobile home park

15%

15%

500 SF/space for mobile home park

450 SF/unit for cottage developments500 SF/space for mobile home park

15% may include stoops, porches or balcony areas

18.04.080(J)

LEGEND
SF = Square Feet	Zero Lot = A Lot with Only One Side Yard	--- = No Regulation
RL1 = Residential Low Impact		R 6-12 = Residential 6-12
R-4 = Residential - 4	R 4-8 = Residential 4-8	RM 18 = Residential Multifamily - 18
MR 7-13 = Mixed Residential 7-13	MR 10-18 = Mixed Residential 10-18	RMU = Residential Mixed Use
MR 7-13 = Mixed Residential 7-13	RMH = Residential Multifamily High Rise	UR - Urban Residential

(Ord. 6594 §6, 2008; Ord. 6517 §12, 2007).

18.04.080 - Residential districts’ development standards

Table 4.04 identifies the basic standards for development in each residential district contained in this chapter. The sections referenced in Table 4.04 refer to the list of additional regulations below.

A.    Maximum Housing Densities.

1.    Calculation of Maximum Density.

a.    The maximum housing densities specified in Table 4.04 are based on the total area of the entire site, including associated and/or previously dedicated right-of-way, but not including streams, wetlands, landslide hazard areas, "important habitat areas," and "important riparian areas" and land to be dedicated or sold for public parks, schools or similar non-residential uses.

b.    Convalescent homes. Convalescent homes and nursing homes containing dwelling units which rely on shared cooking/dining facilities shall count as one (1) dwelling unit for purposes of the maximum density calculation. Independent dwelling units (i.e., containing a bed, bathroom and a kitchen with a sink, stove, and refrigerator) in convalescent/nursing homes, however, shall be counted as individual dwelling units in the density calculation. The density for a site or parcel containing a convalescent/nursing home which is part of a larger project shall be calculated separately from other portions of the site under development (i.e., density shall not be transferred from a site occupied by a nursing home to another portion of the development).

2.    Mixed Residential and Multifamily Districts. The maximum housing densities shown in Table 4.04 refer to the maximum density of each project. Projects within multiple districts shall conform with the density for the portion in each district.

3.    Accessory Dwelling Units. Accessory dwelling units built subsequent to the initial occupancy of the primary residence on a lot are not subject to the maximum density limits specified in Table 4.04. In addition, accessory units built on a maximum of twenty (20) percent of a subdivision’s lots prior to the time the primary unit on the lot is initially sold are not subject to the maximum density limitations.

4.    Density Bonuses. The maximum housing densities identified in Table 4.04 may be increased as follows, provided, however, that in the R 4-8 District, TDRs must be obtained (see Section 18.04.080(A)(5)(b):

a.    Restoration of Critical Areas. At the request of the applicant, the Hearing Examiner may grant a density bonus of up to twenty (20) percent for sites on which damaged or degraded wetlands or stream corridors (e.g., streams and stream banks within the outer limits of any required buffer) will be restored and maintained according to specifications approved by the City. Sites proposed for this density bonus shall be posted with a notice describing the proposal and opportunities for the public to comment. Property owners within three hundred (300) feet of the site shall be given notice of the proposal and fifteen (15) days to comment. Such notice may be done concurrently with any other notice required by this Code. Prior to taking action on a request for a density bonus, the Hearing Examiner shall consider the public’s comments, the expected public benefit that would be derived from such restoration, the probable net effect of the restoration and the increased density on the site, the relative cost of the restoration and the value of the increased density, and the potential impact of increased density on surrounding land uses, traffic, infrastructure, schools, and parks. The City may require the applicant to provide an estimate of the cost of the proposed restoration and other information as necessary to make this determination. This bonus does not apply to site features which were damaged in the course of a current project (e.g., under an active permit) or as a result of an illegal or intentional action by the current property owner or their representative.

b.    Cottage housing. Cottage housing projects shall receive a twenty (20) percent density bonus.

c.    Townhouses. Townhouses shall receive a fifteen (15) percent density bonus in the R 4-8 and R 6-12 districts.

d.    Low income housing. A density bonus shall be granted for low income housing (see Section 18.02.180, Definitions) at the rate of one (1) additional housing unit allowed for each unit of low income housing provided, up to a maximum of a twenty (20) percent bonus.

The applicant shall submit to the Department a document approved by the City Attorney stating that the low income housing which is the basis for the density bonus shall remain for a period of at least twenty (20) years from the date the final inspection is conducted by the Building Official. This document shall be recorded, at the applicant’s expense, at the Thurston County Auditor’s Office as part of the chain of title of the affected parcels.

5.    Transfer of Development Rights. Development Rights must be obtained from an eligible property owner in a Thurston County Transfer of Developments Rights Sending Zone in order to develop above seven (7) units per acre in an R 4-8 District. However, this requirement does not apply to density bonuses granted in accordance with Section 18.04.080(4).

B.    Minimum Housing Densities

1.    Calculation of Minimum Density.

a.    (Note: Table 5.05 in Section 18.05.) The total area of the entire site shall be included in the minimum density calculation except streams, wetlands, landslide hazard areas, floodplains, "important habitat areas," and "important riparian areas" and their associated buffers; tracts accommodating stormwater facilities required in compliance with the Drainage Manual tracts provided for trees pursuant to the Tree Protection and Replacement Ordinance; existing, opened street rights-of-way; and land to be sold or dedicated to the public in fee (e.g., school sites and public parks, but not street rights-of-way to be dedicated as part of the proposed development).

b.    All dwelling units in convalescent homes/nursing homes and accessory dwelling units count toward the minimum density required for the site by Table 4.04.

2.    Average Density. A housing project may contain a variety of housing densities (consistent with Table 4.04) provided that the average density for the entire development (e.g., all of the property subject to a single subdivision, site plan, or PRD approval) is neither less than the minimum density nor more than the maximum average density established for the applicable district in Table 4.04.

3.    Allowance for Site Constraints. At the request of the applicant, the Director may reduce the minimum density required in Table 4.04, to the extent s/he deems warranted, to accommodate site constraints which make development at the required minimum density impractical or inconsistent with the purposes of this Article. Factors which may warrant a density reduction include poor soil drainage, the presence of springs, topography exceeding twenty (20) percent slope, rock outcrops, sensitive aquifers used as a public water source or wellhead protection areas). As a condition of granting a density reduction, the applicant must demonstrate that the minimum density cannot be achieved by clustering the housing on the buildable portions of the site (see Section 18.04.080(F)). The Director may also authorize a reduction in the minimum density requirements, if necessary, to enable development of small (i.e., less than six (6) acres in size), oddly shaped, or partially developed parcels if the site’s configuration or constraints (e.g., existing structures) preclude development at the minimum density specific in Table 4.04. Also see Subsection (E), Developments without Sewer Service, below.

4.    Allowance for Transitional Housing and Mixed Residential Projects. The Director may reduce the minimum densities required by Table 4.04 to enable provision of lower density housing along the perimeter of multifamily housing projects, as required by Section 18.04.060(14) or as necessary to accommodate the mix of housing types required by Section 18.04.060(Q)(1).

5.    Transfer of Development Rights. In the alternative, in order to develop at a density of four (4) to four point ninety-nine (4.99) dwelling units per acre in the R 4-8 District, Development Rights may be obtained from an eligible property owner in a Thurston County Transfer of Development Rights Sending Zone (see Section 18.02.180, Definitions). The number of dwelling units proposed for the site plus the number of Development Rights units applied to the site shall total at least five (5) units per acre. (For example, if the applicant proposes to develop a ten (10) acre site at four (4) units per acre, the applicant would have to obtain ten (10) Development Rights.) (Also see Chapter 18.90, Transfer of Development Rights.)

C.    Minimum Lot Size.

1.    Nonresidential Uses. The minimum lot size for non-residential uses (e.g., places of worship and schools) is larger than the minimum lot size identified in Table 4.04. Refer to Table 4.01 and Section 18.04.060 for regulations pertaining to non-residential uses. Also see Section 18.04.060(K) for the lot size requirements for group homes.

2.    Undersized Lots. Undersized lots shall qualify as a building site if such lots were recorded prior to June 19, 1995 or they were approved as part of a Planned Residential Development, Master Planned Development (See Chapter 18.56) or clustered housing development, consistent with Section 18.04.080(F); provided, however, that any lot of record which does not comply with the width requirements of this code shall not be constructed upon unless (1) it is legally combined with undeveloped contiguous land in the same ownership which in combination create a lot of the size specified in Table 4.04 (or as modified by other provisions of this Article); or (2) it is approved by Design Review Board Staff, who shall perform an architectural review of the proposal for compliance with the criteria specified in Chapter 18.04A, Residential Design Guidelines.

3.    Clustered Lots. Lot sizes may be reduced by up to twenty (20) percent consistent with Section 18.04.080(F), Clustered Housing.

4.    That portion of any lot which is less than thirty (30) feet in width shall not be considered part of the minimum lot area required in Table 4.04, unless such area conforms with the minimum lot width, e.g., townhouse lot.

D.    Transitional Lots.

1.    Lot Size. The square footage and width of lots in developments larger than five (5) acres located in the MR 7-13, MR 10-18, or RM-18 districts, which immediately abut an R-4, R 4-8 or R 6-12 district, shall be no less than eighty-five (85) percent of the minimum lot size and width required in the adjoining lower density district.

2.    Setbacks. The minimum rear yard building setback for lots in the MR 7-13, MR 10-18, and RM-18 districts which share a rear property line with a parcel in an R4, R 4-8, or R 6-12 district shall be no less than the setback required for the adjoining lower density district.

E.    Developments without Sewer Service. Residential developments which rely on on-site sewage disposal or water systems are subject to the following requirements:

1.    Subdivisions.

a.    Subdivisions, planned residential developments (PRD) and Master Planned Developments (see Chapter 18.56) which rely on on-site sewage disposal shall cluster the lots on a portion of the site and create a reserve tract which will not be available for subdivision or other development until municipal sewer and water are available.

The development shall be of a design and density (consistent with Environmental Health and other applicable regulations) so that the initial clustered lots and the subsequently subdivided reserve tract ultimately attain at least the minimum density specified for the district in Table 4.04. (Unless the Director determines that fewer lots are required, consistent with Section 18.04.080(B), Minimum Housing Densities.)

b.    Approval of clustered subdivisions, short subdivisions, binding site plans, or PRDs relying on on-site sewage disposal shall be contingent upon approval of a future development plan which demonstrates that the reserve tract can be subdivided to create sufficient lots to comply with Subsection (1) above. Such plans shall depict a schematic lot layout, the approximate location of utility easements, and potential street access, consistent with the transportation policies and Map 6-3 contained in Chapter 6 of the Comprehensive Plan for Olympia and the Olympia Growth Area, 1994 (and as hereafter amended). Future development plans shall not be required to be stamped by an engineer or surveyor. (The purpose of the plan is to show that the undeveloped portion of the site can be ultimately developed at urban density, not to limit future development to a specific development scheme. However, the initial subdivision or site development must be consistent with the future development plan.)

2.    Individual Lots.

a.    Issuance of building permits for dwellings proposed for parcels five (5) or more acres in size without sewer service shall be contingent upon approval of a future development plan for the parcel. Such plans shall demonstrate, consistent with 1.b. above, how the parcel can be potentially developed at the minimum density established for the district (see Table 4.04) when public sewer and water are available. While this plan will not bind future development, the initial development, including the septic system location, must be consistent with it.

b.    Issuance of building permits for dwellings without sewer service on parcels between one (1) and five (5) acres in size shall be contingent upon approval of a building site plan or future development plan which demonstrates that the parcel can potentially accommodate one (1) or more additional houses in the future. While future development will not be bound by this plan, the initial development shall be consistent with it. Developers of such lots shall locate individual or community sewage disposal systems, to the extent possible, where they can be efficiently converted to a public sewage collection system in the future.

F.    Clustered Housing.

1.    Mandatory Clustering. The Director or Hearing Examiner may require that the housing units allowed for a site be clustered on a portion of the site in order to protect ground water used as a public water source (e.g., wellhead protection areas), to enable retention of windfirm trees (which are appropriate to the site and designated for retention, consistent with Chapter 16.60, Tree Protection and Replacement, OMC), to accommodate urban trails identified on Map 7-1 of the Comprehensive Plan, to preserve scenic vistas pursuant to Sections 18.20.070, View Preservation and 18.50.100, Scenic Vistas, or to enable creation of buffers between incompatible uses (also see Chapter 18.36, Landscaping and Screening).

The Director or Hearing Examiner may allow up to a twenty (20) percent reduction in lot dimensions, sizes and setback requirements, consistent with the Uniform Building Code, to facilitate the clustering of the permitted number of dwelling units on the site. The required clustering shall not result in fewer lots than would otherwise be permitted on the site (at the minimum density specified in Table 4.04), without written authorization by the applicant.

2.    Optional Clustering. Applicants for housing projects may request up to twenty (20) percent reduction in lot sizes, dimensions, and building setback requirements in order to cluster housing and retain land serving the purposes listed in a. above; or to avoid development on slopes steeper than twenty (20) percent; or to preserve natural site features such as rock outcrops; or otherwise enable land to be made available for public or private open space. The Director or Hearing Examiner, as applicable, may grant such requests if s/he determines that the development would not have a significant adverse impact on surrounding land uses.

G.    Lot Width.

1.    Measurement. The minimum lot width required by Table 4.04 shall be measured between the side lot lines at the point of intersection with the minimum front setback line.

2.    Varied Lot Widths. The width of lots in new subdivisions and planned residential developments, except for the R-4CB district, with more than ten (10) lots shall be varied to avoid monotonous development patterns.

a.    No more than three (3) consecutive lots, uninterrupted by a street, shall be of the same width. This requirement does not apply to townhouses.

b.    Lot widths shall be varied by a minimum of six (6) foot increments.

c.    The minimum lot widths specified in Table 4.04 may be reduced by up to six (6) feet for individual lots, provided that the average lot width for the project is no less than the minimum lot width required by Table 4.04 and Section 18.04.080(G)(3) below.

3.    Narrow Lots. The length of the primary structure on a lot of forty (40) feet or less in width shall not exceed three (3) times the structure’s width or seventy (70) feet, whichever is less. This provision does not apply to attached housing units (e.g., townhouses).

H.    Setbacks

1.    Measurement. The required setback area shall be measured from the outermost edge of the building foundation to the closest point on the applicable lot line.

2.    Reduced Front Yard Setbacks. Front yard setbacks in the R-4, R 4-8, R 6-12, MR 7-13 and MR 10-18 districts may be reduced to a minimum of ten (10) feet under the following conditions:

a.    When garage or parking lot access is from the rear of the lot;

b.    When the garage is located at least ten (10) feet behind the front facade of the primary structure on the lot; or

c.    When the driveway will be aligned to provide at least a twenty (20) foot long parking space between the sidewalk edge (closest to lot) and the garage. (See Residential Design Guidelines - Garage Design, Chapter 18.04A.)

d.    Such setback reductions shall not be allowed where they would result in a setback of fifty (50) percent or less than the setback of an existing dwelling on an abutting lot fronting on the same street.

FIGURE 4-3

3.    Rear Yard Setbacks. See Section 18.04.080(H)(5), Encroachments into Setbacks, Section 18.04.080(D)(2), Transitional Lots, and Table 4.04.

4.    Side Yard Setbacks.

a.    Reduced side yard setbacks. Except for the R-4CB district, a side yard building setback shall not be required for a lot provided it meets the following conditions:

i.    Provision for reduced or zero setbacks shall specifically appear upon the face of a final short or long plat. Such plat shall provide that the minimum distance between residences will be six (6) feet. If the distance between a proposed dwelling and a property line is less than three (3) feet, the applicant shall provide evidence of a maintenance easement, at least three (3) feet in width, which provides sufficient access for the owner of the dwelling to maintain the applicable exterior wall and roof of the dwelling.

ii.    Side yard setbacks shall not be less than five (5) feet along a property line adjoining a lot which is not developed or approved for reduced setbacks (e.g., a conventional lot with two (2) five (5) foot wide side yard setbacks). Side yard setbacks shall not be less than ten (10) feet along property lines which abut a public rights-of-way.

b.    The minimum side yard setback from bikepaths and walkways shall comply with the side yard setback from the lot line as specified for the district in Table 4.04.

5.    Encroachment Into Setbacks. The buildings and projections listed below shall be allowed outside of utility, access or other easements. See 18.04.080(H)(5) for additional exceptions.

a.    Except for Accessory Dwelling Units, any accessory structures may be located in a required rear yard and/or in the rear twenty (20) feet of a required interior side yard; however, if a garage entrance faces a rear or side property line, it shall be setback at least ten (10) feet from that property line. Accessory dwelling units may not encroach into required side yard setbacks. Accessory dwelling units may encroach into rear yards however, if the rear yard does not abut an alley, the accessory unit must be set back ten (10) feet from the rear property line. Further, any garage attached to any accessory dwelling unit shall conform with this Section.

b.    Up to fifty (50) percent of a rear yards width may be occupied by a dwelling (primary residence or ADU) provided that the structure (foundation) is located at least ten (10) feet from the rear property line. For purposes of this section the rear yards width shall be measured in a straight line between the side property lines at the point of intersection with the rear property line.

Figure 4-4a

c.    Townhouse garages may share a common rear property line provided that access for interior lots is from a single common driveway to not more than one public street entrance.

I.    Height.

1.    Roof Projections. The following structures may exceed the height limits specified for the district in Table 4.04 by eighteen (18) feet, provided that such structures do not contain floor space: roof structures housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls; skylights; towers; flagpoles; chimneys; smoke stacks; wireless masts; television antennas; steeples; and similar structures.

FIGURE 4

2.    RMU District Height Regulations.

a.    Base building heights. The base building heights allowed in the RMU District are specified in Figure 4-5.

b.    Sculptured building tops. The following sculptured building top regulations apply only where the permitted building height is sixty (60) feet.

Buildings with sculptured tops may exceed the permitted height (60 feet) by two (2) building stories if they meet the following conditions:

i.    The gross floor area of all of sculptured stories is at least one-third (1/3) less than the gross floor area of the first floor of the building; and

ii.    The roof form is sculptured (e.g., pitched roof, hip roof, dome, chateau roof, tower, turret, pediment, dormers, or other similar form); and

iii.    The added two (2) stories are setback from the street wall at least eight (8) feet; and

iv.    The roof structure is designed to hide all mechanical and communications equipment located there.

3.    UR District Height Regulations. The building heights allowed in the UR District are specified in Figure 4-5 and 45-A. Also see 18.10.060, Capitol Height District.

4.    R4-8 District Height Regulations. Existing State Community College Education Facilities. A maximum 60’ building height is allowed with a 100’ setback from adjacent residentially zoned property.

5.    Places of Worship. Places of worship may exceed the height limits specified in Table 4.04, except in the State Capitol Group Height District, provided that the side yard width equals at least fifty (50) percent of the building’s proposed height (including spires and towers).

6.    Radio, Television and other Communication Towers. The height of radio, television, and other communication towers may exceed the maximum building height allowed in the district, subject to approval of the Hearing Examiner consistent with Sections 18.04.060(W) and (X).

7.    Tall Buildings in the MR Districts. Buildings between thirty-five (35) and forty-five (45) feet in height are permitted in the MR 7-13 and MR 10-18 districts, subject to compliance with the following requirements:

FIGURE 4-5

FIGURE 4-5A

a.    The proposed building will not be located within one hundred (100) feet of the boundary of the property under development (this may include several parcels under a single development proposal). Exceptions to this requirement shall be granted where topography, stands of trees (deemed appropriate for retention by the City, consistent with Chapter 16.60, Tree Protection and Replacement), or other site features block the visibility of the section of the building above thirty-five (35) feet in height from existing or potential residential areas (zoned and available for residential use) adjoining the site; and

b.    Existing evergreen trees, which the City deems are appropriate to the site (e.g., which do not pose significant risks for proposed site improvements or public safety, consistent with Chapter 16.60, Tree Protection and Replacement) are retained where possible to help screen the building from the view of residents of dwellings abutting the property.

8.    Water Towers. Water towers may exceed the height limits specified in Table 4.04.

[NOTE: Refer to Article III, Height Overlay Districts, for additional restrictions.]

J.    Private and Common Open Space.

1.    Development of Open Space. Development of Open Space. Open space (e.g., private yard areas and common open space) required by Table 4.04 shall be devoted to undisturbed native vegetation, landscaping (consistent with Chapter 18.36, Landscaping and Screening), and/or outdoor recreational facilities. Driveways, loading areas, maneuvering space and parking lots shall not be considered open space. Required open space shall not be covered with impervious surfaces, except for stoops, porches, or balconies, walkways, tennis courts, swimming pools, or similar uses which require an impervious surface. Up to a five (5) percent increase in impervious surface coverage may be allowed to accommodate such hard surfaced facilities.

2.    Cottage Housing Developments. Cottage housing developments shall provide open space as follows:

a.    A minimum of two hundred (200) square feet of private, contiguous, usable, open space shall be provided adjacent to each dwelling unit. No dimension of this open space area shall be less than ten (10) feet.

b.    A minimum of fifteen hundred (1500) square feet or two hundred (200) square feet per unit, whichever is more, shall be provided in common open space (e.g., available for the use of all residents of the development). This open space shall be contained in a contiguous area with no dimension less than thirty (30) feet. Such open space shall be sufficiently level (e.g., less than five (5) percent slope) and well drained to enable active use in summer.

3.    Mixed Density Districts. Parcels or sites accommodating multifamily housing (e.g., triplexes, fourplexes, and larger apartment buildings) in a MR 7-13 or MR 10-18 district shall contain at least thirty (30) percent open space. At least fifty (50) percent of such open space must be available for the common use of the residents of the multifamily housing. Such open space shall be developed consistent with Section 18.04.080(J)(1) above. This open space requirement shall be reduced to twenty (20) percent if the multifamily housing adjoins a park, school or open space site of at least ten thousand (10,000) square feet in size. Impervious surface coverage limits specified in Table 4.04 shall be adjusted accordingly.

4.    Manufactured or Mobile Home Parks. At least five hundred (500) square feet of common open space shall be provided per dwelling unit (see Section 18.04.060(P)(8)).

5.    Residential - 4 Chambers Basin District. Required open space for stormwater dispersion may be provided in a common area or within each individual private lot of a development. All required drainage dispersal areas shall be protected from filling and grading and all other activities which would decrease the ability of such areas to disperse and infiltrate stormwater. Side yard setback areas shall be designed to disperse roof runoff to the maximum extent practical. To qualify as a "drainage dispersal tract" (required to create lots of less than one acre) such area shall be held in common or deeded to homeowners association and otherwise conform with the requirements of stormwater tracts as set forth in the Olympia Stormwater Drainage Manual.

(Ord. 6594 §9, 2008; Ord. 6594 §8, 2008; Ord. 6594 §7, 2008; Ord. 6426 §11, 2006; Ord. 6408 §17-19, 2006; Ord. 6404 §2, 3, 2006; Ord. 6323 §4, §19, 2004; Ord. 6273 §10, §16, §18, §20, 2003; Ord. 6140 §28, §40, 2001; Ord. 5830 §4, 1998; Ord. 5777 §1, 1998; Ord. 5664 §4, 13, 1997; Ord. 5661 §6, 10, 1996; Ord. 5595 §6, 16, 1996; Ord. 5569 §6, 1995; Ord. 5544 §1, 1995; Ord. 5517 §1, 1995).

18.04.090 - Additional regulations

Refer to the following Chapters for additional related regulations.

Chapter 18.36, Landscaping and Screening

Chapter 18.38, Parking and Loading

(Ord. 5517 §1, 1995)