Chapter 18.56 CONDITIONAL USE PERMITS

Certain uses, because of their special requirements, infrequent occurrence, possible safety hazards, or detrimental effects on surrounding properties, and other reasons, shall be permitted only upon the approval of the hearing examiner, after due notice and public hearing, and a finding that it is consistent with the intent of the comprehensive plan and the requirements of this title.

(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.56.020 Application – Contents and fee.

A request for a conditional use permit shall be submitted on an application form available at the Tumwater community development department. Each application shall be accompanied by a site plan, floor plan, building elevations, and a fee established by resolution of the city council to help defray the cost of handling the application, no part of which fee is refundable. Additions or deletions to the contents of the application may be made by the administrative official.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O95-035, Amended, 12/19/1995; Ord. 1147, 12/15/1987; Ord. 883, Added, 05/06/1984)

18.56.030 Hearing.

A. Upon the filing of an application for a conditional use permit, the hearing examiner shall set a time and place for a public hearing to consider the application under the provisions of TMC Chapter 2.58.

B. Notice of any public hearing shall be in accordance with the provisions of TMC Chapter 14.06.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.56.035 Conditional use permit criteria.

A. The hearing examiner shall be guided by the following criteria in granting a conditional use permit:

1. The proposed use shall be in keeping with the goals and policies of the Tumwater comprehensive plan, including subarea plans, and applicable ordinances;

2. The proposed use shall not be materially detrimental to the public health or welfare, the environment, or injurious to the property or improvements near the proposed use or in the zone district in which the subject property is situated. The following shall be considered in making a decision on a conditional use permit:

a. The generation of noise, noxious or offensive odors or emissions, light, glare, traffic, surface water or groundwater pollution, electronic interference, impacts to environmentally sensitive areas or protected species, impacts to historic or cultural resources, or other impacts or nuisances that may be injurious to the public health or welfare or to property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated;

b. Availability of public services, which may be necessary or desirable for the support of the proposed use. These may include, but shall not be limited to, availability of utilities, transportation systems, education, police and fire facilities, and social and health services; and

c. The adequacy of landscaping and screening consistent with TMC Chapter 18.47, yard setbacks, open spaces, or other development characteristics necessary to mitigate the impact of the proposed use upon neighboring properties;

3. The proposed use shall meet or exceed the performance standards that are required in the zone district it will occupy; and

4. Any additional minimum conditions identified for a particular type of proposed use in TMC 18.56.100 through TMC 18.56.350.

(Ord. O2017-006, Added, 07/18/2017)

18.56.040 Imposition of conditions.

Permits for conditional uses shall stipulate restrictions or conditions which may include a definite time limit, provisions for front, side or rear yards greater than the minimum requirements of this title, suitable landscaping, off-street parking, and any other restrictions, conditions or safeguards that would uphold the spirit and intent of this title and mitigate any adverse effect upon neighborhood properties.

(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.050 Notification of hearing examiner decision.

Notification of the hearing examiner decision shall be in accordance with the provisions of TMC Chapter 2.58 and TMC 14.06.090.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2000-004, Amended, 07/18/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.56.060 Resubmittal of application – Appeal.

The decision of the hearing examiner shall be final unless appealed to superior court in accordance with the provisions of TMC Chapter 2.58.

(Ord. O2014-018, Amended, 12/16/2014; Ord. O2013-025, Amended, 01/07/2014; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.56.070 Time limitations.

If the use for which the conditional use permit was granted has not been issued a building permit and/or business license by the end of an eighteen-month period, the permit shall expire. A specific approval period, as deemed necessary by the nature of the project or the other permits required by the project, may be imposed by the hearing examiner as a condition of the initial permit approval.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.080 Specific conditional use permit.

Any specific conditional use permit, if granted, shall pertain only to the specific use and specific property for which application was made. Such granted permit does not apply to the applicant for use on any other property he/she may control.

(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.090 Minimum conditions.

Any conditional use shall meet the density regulations of the zone in which it is located, as well as the minimum conditions listed in the applicable sections of this chapter. The hearing examiner may impose any additional conditions deemed necessary to ensure the protection of adjacent uses, health, safety and general welfare.

(Ord. O2001-012, Amended, 03/19/2002; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.56.100 “A” uses.

“Animal clinics and animal hospitals”

A. Minimum Conditions.

1. Must meet all applicable licensing requirements of the state;

2. The minimum site area shall be adequate to provide the required parking, yards, and at least one off-street emergency loading space;

3. No off-street parking or loading areas will be allowed in any required yard area, except off-street parking may be allowed in the front yard area;

4. If located within five hundred feet of a residential zone or within a NC or MU zoning district, all animals must be kept at all times within a fully enclosed building with adequate controls so that animal noises and odor cannot be detected on adjoining property, except in cases when the animals are under the direct control and supervision of animal clinic or animal hospital staff or the owner of the animal on a leash or similar restraint.

“Auto repair facilities”

A. Minimum Condition.

1. The site area shall be adequate to provide for the required parking and yards.

“Automobile service stations”

A. Minimum Conditions.

1. Where adjacent to an existing residential use or a residential zone district, the automobile service station shall install and maintain in good condition a continuous fence, wall, berm, evergreen hedge, landscape planting or combination thereof so as to effectively provide a visual screen and noise buffer from the adjacent residential use or zone district;

2. Where adjacent to an existing residential use or a residential zone district, gasoline storage and dispensing equipment, and automobile traffic areas, shall be located and screened so that they are not visible from the first story window level of contiguous residential uses;

3. Where adjacent to an existing residential use or a residential zone district, a vapor recovery system shall be installed on the gasoline storage and dispensing equipment;

4. Lighting shall be directed downward and inward and be shielded so that it does not produce glare onto adjacent properties.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2009-029, Amended, 06/07/2011; Ord. O2008-009, Amended, 02/17/2009; Ord. O2003-001, Amended, 02/18/2003; Ord. O97-025, Amended, 12/02/1997; Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Added, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.110 “B” uses.

“Bed and breakfasts”

A. Minimum Conditions.

1. The bed and breakfast shall have no more than four guest rooms;

2. No cooking facilities shall be provided in the guest rooms;

3. Guest rooms shall not be rented for stays of more than fourteen days at a time;

4. A minimum of one off-street parking space shall be provided per guest room;

5. The scale, bulk, and architectural style of the structure in which the bed and breakfast is located shall not be altered to be incompatible with the surrounding residential neighborhood;

6. Large banquets, weddings, conferences, and similar group gatherings shall not be permitted at bed and breakfasts.

“Building height increases in the LI and HI zone districts.”

A. Minimum Conditions.

1. The height increase shall only be to accommodate equipment, structures or buildings that contain special equipment primarily related to manufacture, assembly, processing of goods or products;

2. The functional need for a height increase shall be demonstrated by the applicant;

3. The proposed height increase shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning regulations and any other plan, program, map, or regulation of the city;

4. Building heights shall not result in substantial or undue adverse effects on adjacent and abutting property. When a building in excess of the maximum height is proposed adjacent to or abutting a lot with a maximum height less than the subject property, increased setbacks and/or step-backs may be appropriate to reduce adverse effects on adjacent or abutting property;

5. Upper floor step-backs, varied tower heights with separation, and/or other architectural methods shall be integrated into the design to provide a human-scaled building edge along the street with access to sky views. Bulk reduction methods such as varied building geometry, variety in materials, texture, pattern or color, architectural rooftop elements, and/or other techniques shall be provided;

6. Building(s) shall be designed so that light and glare impacts upon streets, public facilities, and public open spaces are minimized;

7. Building(s) shall be designed so that shade and shadow impacts on adjacent shadow-sensitive uses (e.g., residential, outdoor restaurants, open spaces, and pedestrian areas) are minimized to the greatest extent possible;

8. The maximum building height allowed under this process shall be no more than ninety feet; and

9. No structure shall penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77. A map that provides detailed information on ground and imaginary airspace surface elevations is available for inspection in the community development department.

(Ord. O2023-012, Amended, 02/06/2024; Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2008-009, Amended, 02/17/2009; Ord. O2001-012, Amended, 03/19/2002; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Added, 12/17/1996)

18.56.120 “C” uses.

“Campgrounds”

A. Minimum Conditions.

1. Minimum site size for a campground shall be two acres;

2. Each camping site shall be a minimum of one thousand square feet in size, and separated by a minimum of ten feet from any other camping site or permanent building within or adjacent to the campground;

3. The campground shall provide a minimum of ten feet of buffer area planted with sight-obscuring vegetation to screen the site from adjacent land uses;

4. The campground shall meet all state requirements for such facilities;

5. The campground shall be designed for temporary occupancy only, not permanent year-round occupancy, as distinguished from a mobile or manufactured home park;

6. The campground shall provide adequate sanitation, heating, lighting and ventilation facilities in accordance with applicable state and local codes and ordinances;

7. The campground shall provide sewage disposal facilities for campground customers only;

8. No wood burning campfires are allowed.

“Cemeteries”

A. Minimum Conditions.

1. Site must be on or within three hundred feet of a major or secondary arterial;

2. A twenty-foot setback on front, side, and rear yards;

3. Screening shall be provided along each property line and shall consist of a continuous fence, wall, evergreen hedge, landscape planting, or combination thereof, so as to screen effectively the property from immediate adjoining properties and public right-of-way. In cases where physical characteristics of the property make actual screening from adjoining parcels impossible or unreasonable, this requirement may be completely or partially waived by the hearing examiner. All shrubs, trees, fencing, etc., used in the landscaping and screening, shall be maintained in a healthy growing condition. Dead or dying plants shall be replaced as soon as possible. Planting areas shall be maintained reasonably free of weeds and trash. No landscaping planting materials shall impair pedestrian or vehicular safety;

4. Off-street parking of one space per each employee. Other cemetery-related uses, such as mausoleums, crematoria, funeral homes, or other uses similar in nature, shall be considered separate uses and subject to the applicable provisions of this title;

5. The hours of operation shall be limited to daylight hours (sunrise to sunset) so as not to interfere with residential character of the neighborhood;

6. Except for Memorial Day and Veterans Day, no use of sound amplification or lighting equipment that would be audible or visible from adjacent property.

“Child day care center”

A. Minimum Condition.

1. Child day care centers shall meet the conditions listed in TMC 18.52.040(A).

“Churches”

A. Minimum Conditions.

1. Site must be on or within three hundred feet of an arterial or the intersection of two or more collectors;

2. Plans showing the site layout and the design of the buildings shall be submitted for approval to the hearing examiner. These plans shall demonstrate that the proposed development will be compatible with the appearance and character of the surrounding neighborhood, and that such development will not be unduly detrimental to surrounding property;

3. Twenty-five-foot setback on front, side, and rear yards, and any additions to an existing structure shall not encroach upon any required yard;

4. Church-sponsored uses located apart from the main building, such as residences, schools, auditoriums, convents, preschool facilities, or other uses similar in nature, shall be considered separate uses and subject to the applicable provisions of this title.

“Convalescent centers, rest homes and nursing homes”

A. Minimum Conditions.

1. Must meet licensing requirements of the State Department of Social and Health Services;

2. The minimum site area shall be adequate to provide for the required parking, yards, and at least one off-street loading space;

3. The facility must be located on an arterial or collector road or street.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2008-009, Amended, 02/17/2009; Ord. O2005-034, Amended, 01/17/2006; Ord. O2001-020, Amended, 05/07/2002; Ord. O99-001, Amended, 04/20/1999; Ord. O98-009, Amended, 10/20/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1289, Amended, 06/04/1991; Ord. 1288, Added, 06/04/1991; Ord. 883, Added, 05/06/1984)

18.56.130 “D” uses.

“Development projects over permitted intensity standards”

A. A nonresidential development project that exceeds the intensity standards of TMC 18.32.080(B)(2) through (5) is permitted as a conditional use in compatible use zones 2, 3, 4 and 5 of the airport (AP) overlay zone district.

B. Minimum Conditions.

1. An intensity bonus of two times the people per acre maximum may be allowed if the project meets the following:

a. Proposed structures shall be located on the project site as far away from the extended runway centerline as possible;

b. Structures shall not penetrate imaginary airspace surfaces as defined by 14 C.F.R. Part 77;

c. Landscaping required by TMC Chapter 18.47 shall incorporate trees which do not have the potential of penetrating imaginary airspace surfaces as defined by 14 C.F.R. Part 77;

d. Outdoor lighting on the project site shall comply with the requirements of TMC Chapters 18.50 (Off-Street Parking) and 18.32 (AP Airport Overlay);

2. An intensity bonus of three times the people per acre maximum may be allowed if the project meets the following:

a. Minimum conditions set forth in subsection (B)(1) of this section are met;

b. Seventy percent of the gross site area of the project site is utilized as open space. The purpose of the open space area is to provide sites that are suitable for the emergency landing of aircraft. This open space area may be used to fulfill other applicable open space/park requirements and off-street parking requirements; provided, that active recreational facilities and aboveground stormwater ponds and infiltration facilities shall not be located in this open space area. The open space should be contiguous to other open space areas within or adjacent to the project site and may include wetlands and their buffers and other critical areas.

“Distribution, fabrication, and assembly facilities occurring within buildings lawfully constructed on Port of Olympia property on or before January 1, 2000”

A. Minimum Conditions.

1. A proposed expansion of the existing covered floor space that amounts to or exceeds four thousand square feet shall incorporate articulation or landscaping on proposed and existing building facades that are parallel to a main street or perpendicular to and readily visible from a main street. Methods for accomplishing this requirement may include those described in TMC Chapter 18.43. A proposal may require application of more than one of those methods. The methods are not all inclusive and other equal or better design techniques, as approved by the hearing examiner, may be used to satisfy this condition;

2. The city may impose reasonable conditions to assure public health, safety, and overall compatibility with the Tumwater Town Center. Such conditions may include, but not be limited to, upgrading the structure to comply with the town center design guidelines, transportation routing, material handling, site layout, aesthetics and other operational functions;

3. Manufacturing, assembling, fabricating, and/or processing activities must be conducted entirely within an enclosed building;

4. The cumulative amount of future expansions shall not exceed fifty percent of the covered floor space existing on January 1, 2000, for each site.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2004-009, Added, 12/07/2005; Ord. O2001-020, Added, 05/07/2002)

18.56.140 “E” uses.

“Essential public facilities”

A. The following uses are considered essential public facilities, which shall require a conditional use permit as indicated in each individual zone. Additionally, the siting process outlined in subsection B of this section shall be followed.

1. Airports.

2. State education facilities.

3. Large scale state or regional transportation facilities.

4. Prisons, jails, and other correctional facilities (including but not limited to: jails; juvenile detention facilities; prisons and prerelease facilities; work release facilities).

5. Solid waste handling facilities.

6. Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities).

7. Mental health facilities (including but not limited to: congregate care facilities; adult residential treatment facilities; evaluation and treatment centers).

8. Sewage treatment facilities (not including individual or community wastewater treatment systems).

9. Emergency communication towers and antennas.

10. Secure community transition facilities.

B. Essential public facilities identified as conditional uses in the zoning district shall be subject, at a minimum, to the following requirements:

1. Essential public facilities classified as follows:

a. Type One. Multicounty facilities. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports; state correction facilities; and state education facilities.

b. Type Two. These are local or interlocal facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, emergency communication towers and antennas, secure community transition facilities, and inpatient facilities (e.g., substance abuse facilities, mental health facilities, and group homes).

(Note: Such facilities, which would not have impacts beyond the jurisdiction in which they are proposed to be located, would be type three facilities.)

c. Type Three. These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.

In order to enable the city to determine the project’s classification, the applicant shall identify the proposed service area of the facility and the approximate area within which the proposed project could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts.

2. Provide early notification and involvement of affected citizens and jurisdictions as follows:

a. Type One and Two Facilities. At least ninety 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 proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects shall not be considered complete in the absence of proof of a published notice regarding the proposed project in a newspaper of general circulation in the affected area. This notice shall include the information described above and shall be published at least ninety days prior to the submission of the application.

It is expected that an environmental impact statement may be required for most type one and type two facilities in accordance with the SEPA environmental review process.

The Thurston Regional Planning Council may provide the project sponsor and affected jurisdictions with their comments or recommendations regarding alternative project locations during this ninety-day period.

(Note: The purpose of this provision is to enable potentially affected jurisdictions and the public to review and comment collectively on alternative sites for major facilities before the project sponsor has made their siting decision.)

b. Type Three Facilities. Type three essential public facilities are subject to the city’s standard notification requirements for conditional uses.

3. Should any of the above-listed facilities be proposed to be sited in the city, they should be consistent with the intent of the underlying zoning of the proposed site.

4. Essential public facilities shall not have any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists (adapted from county-wide Policy 5.2(a)).

5. Major public facilities, which generate substantial traffic, should be sited near major transportation corridors (adapted from county-wide Policy 5.2(b)).

6. 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 site’s 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 site’s relationship to the service area and the distribution of other similar public facilities within the service area or jurisdiction, whichever is larger; and

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 identify proposed mitigation measures to alleviate or minimize significant potential impacts.

The applicant shall also briefly describe the process used to identify and evaluate the alternative sites.

7. The proposed project shall comply with all applicable provisions of the comprehensive plan, zoning ordinance, and other city regulations.

C. The following tables shall denote Tumwater’s policies for siting and expansion of essential public facilities within existing zones: See Figures 18.56.140(A) and (B).

Figure 18.56.140(A)
CITY OF TUMWATER ESSENTIAL PUBLIC FACILITY SITING POLICIES FOR CITY ZONING
EPF Code	Tumwater Zones
	RSR	SFL	SFM	MFM	MFH	MU	CBC	NC	CS	GC	TC	LI	HI	HC	GB	OS	AP	ARI	BD
A																		P
B						C	C		C	C	C	C						C	C
C									C	C		C	C					C	C
D									C(3) (4)			C(3) (4)	C(3) (4)					C(3) (4)
E												C	C					C
F				C	C	C	C	C		C
G				C	C	C	C	C		C
H												C	C					C
I		C	C	C	C	C		C	C	C	C(1)	C	C					C
J												C(2)

Figure 18.56.140(A) Footnotes:

“C” means conditional use; “P” means permitted use.

Shaded areas mean use is not permitted.

Figure 18.56.140(A) Explanatory Notes:

(1) In the TC zone district, emergency communication antennas must be affixed to or erected upon existing buildings, water tanks or other existing structures. Antennas shall not be affixed to a wireless communication support structure. Emergency communication towers are not permitted.

(2) “Secure community transition facilities” shall meet the following conditions:

A. Minimum Conditions.

1. Location.

a. In no case may a secure community transition facility be sited adjacent to, immediately across a street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. “Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals;

b. In no case may a secure community transition facility be sited within three hundred feet of a residential zoning district;

c. Secure community transition facilities are permitted as a conditional use in the light industrial zoning district excluding light industrial zone districts north of Sapp Road Southwest and west of Crosby Boulevard Southwest;

2. Compliance with Statutory Requirements. The applicant shall provide verification from the Department of Social and Health Services that the proposed facility complies with all applicable state regulations and requirements pursuant to Chapter 71.09 RCW. Where the requirements of this section conflict with the state requirements, the state requirements shall be adhered to over this section;

3. A maximum of three beds for sexually violent predators may be located within any secure community transition facility.

B. Process Requirements. In addition to the standard public notification requirements, all property owners and residents within one-half mile of the proposed project site shall be sent notice of the public hearing regarding the requested conditional use.

(3) “Juvenile detention facilities” shall meet the following conditions:

A. Minimum Conditions.

1. Location.

a. Buildings accommodating juvenile detention facilities shall not be located closer than two hundred feet from the boundary of a district in which the use is not allowed as a conditional use;

b. Juvenile detention facilities shall be located such that outside law enforcement officers can respond to a call for assistance within five minutes under typical conditions;

c. Advance life support service, as defined in RCW 18.73.030(19), must be available within five minutes under typical conditions;

2. Security.

a. The applicant shall submit a security plan, reviewed by the police chief, which at a minimum complies with applicable American Corrections Association’s security standards for juvenile detention facilities. This plan shall identify staffing levels and scheduling, building security, and escape search plan, and provisions for immediate public notification of escapes;

3. Design.

a. Size. Juvenile detention facilities with capacity for up to seventy-five inmates shall be located on a site of at least five acres. Sites shall contain an additional four acres for each additional fifty-bed increase in capacity above this threshold;

b. Setbacks. The facility shall be set back at least seventy-five feet from public rights-of-way and property lines;

4. Landscaping/Buffers.

a. The applicant shall submit a landscaping plan, which serves to maintain or enhance the character of the area without jeopardizing security. This plan shall incorporate at least a twenty-five-foot landscaping buffer along public rights-of-way;

b. The applicant shall install an eight-foot-high fence in character with the neighborhood between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type of character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence;

c. Barbed wire topped fencing shall not be visible from public rights-of-way;

d. Outdoor activity areas located in residential districts shall not be visible from public rights-of-way or adjacent properties;

5. Noise.

a. The hearing examiner may require conditions to minimize potential noise impacts including, but not limited to, altering the locations of outdoor use areas and noise-generating facilities, and installations of noise reducing elements such as walls, berms, and landscaping;

6. Access.

a. Juvenile detention facilities shall have direct access to an arterial or collector unless the hearing examiner determines that access via lesser classifications of street would not be detrimental to neighborhood character and would not increase public safety risks.

B. Process Requirements. Property owners within one thousand four hundred feet of the proposed project site shall be sent notice of the public hearing regarding the requested conditional use.

(4) “Work release facilities” shall meet the following conditions:

A. Minimum Conditions.

1. General Requirements.

a. The applicant shall provide verification from the Department of Corrections (DOC) that the proposed facility complies with DOC standards and applicable state and local regulations;

b. The site must be within one-quarter mile of public transportation or an alternative transportation program, approved by the hearing examiner, must be provided to serve the needs of the facility’s occupants;

2. Location.

a. Work release facilities shall not be located closer than five hundred feet from the boundary of a district in which the use is not allowed as a conditional use;

b. Setbacks. The facility shall be set back at least seventy-five feet from public rights-of-way and property lines;

c. Landscaping/Buffers.

i. The applicant shall submit a landscaping plan, which serves to maintain or enhance the character of the area without jeopardizing security. This plan shall incorporate at least a twenty-five-foot landscaping buffer along public rights-of-way;

ii. The applicant shall install an eight-foot-high fence in character with the neighborhood between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type of character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence;

d. Noise.

i. The hearing examiner may require conditions to minimize potential noise impacts including, but not limited to, altering the locations of outdoor use areas and noise generating facilities, and installations of noise reducing elements such as walls, berms, and landscaping;

e. Access.

i. The proposed site shall have direct access to an arterial or collector unless the hearing examiner determines that access via a lesser classification of street would not be detrimental to neighborhood character and would not increase public safety risks.

B. Process Requirements. Property owners within one thousand four hundred feet of the proposed project site shall be sent notice of the public hearing regarding the requested conditional use.

LEGEND
RSR – Residential/Sensitive Resource	NC – Neighborhood Commercial	LI – Light Industrial
SFL – Single-Family Low Density	CS – Community Services	HI – Heavy Industrial
SFM – Single-Family Medium Density	ARI – Airport Related Industrial	HC – Historic Commercial
MFM – Multifamily Medium Density	AP – Airport Overlay	GB – Greenbelt
MFH – Multifamily High Density	GC – General Commercial	OS – Open Space
MU – Mixed Use	TC – Town Center
CBC – Capitol Boulevard Community	BD – Brewery District

Figure 18.56.140(B)
CITY OF TUMWATER LIST OF ESSENTIAL PUBLIC FACILITIES
Essential Public Facility Code	Essential Public Facility
A	Airports
B	State education facilities
C	Large scale state or regional transportation facilities
D	Prisons, jails and other correctional facilities (including but not limited to: jails; juvenile detention facilities; prisons and prerelease facilities; work release facilities)
E	Solid waste handling facilities
F	Inpatient facilities including substance abuse facilities (including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities)
G	Mental health facilities (including but not limited to: congregate care facilities; adult residential treatment facilities; evaluation and treatment centers)
H	Sewage treatment facilities (not including individual or community wastewater treatment systems)
I	Emergency communication towers and antennas
J	Secure community transition facilities
K	Other facilities designated by the Washington State Office of Financial Management as essential public facilities

(Ord. O2017-017, Amended, 09/19/2017; Ord. O2017-006, Amended, 07/18/2017; Ord. O2014-007, Amended, 07/15/2014; Ord. O2013-025, Amended, 01/07/2014; Amended during 2011 reformat; O2008-015, Amended, 04/15/2008; Ord. O2006-021, Added, 07/10/2006; Ord. O2002-013, Amended, 08/20/2002; Ord. O2001-020, Amended, 05/07/2002; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.150 “F” uses.

“Family child care home”

A. Minimum Condition.

1. Family child care homes shall meet the conditions listed in TMC 18.52.020(A) through (D).

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O97-025, Amended, 12/02/1997; Ord. O97-024, Amended, 03/03/1998; Ord. O97-019, Amended, 06/19/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1144, Added, 01/05/1988)

18.56.160 “G” uses.

“Group foster homes”

A. Minimum Conditions.

1. The site must be landscaped in a manner compatible with the residential character of the surrounding neighborhood;

2. No structural or decorative alteration, which will alter the residential character of an existing residential structure used for a group foster home, is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;

3. Comply with all building, fire safety, health code, and business licensing requirements.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O96-022, Added, 12/17/1996; Ord. O99-001, Amended, 04/20/1999; Ord. O2008-009, Amended, 02/17/2009)

18.56.170 “H” uses.

“Hospitals”

See “Essential public facilities.”

(Ord. O2013-025, Added, 01/07/2014)

18.56.180 “I” uses.

“Impound yards”

A. Minimum Conditions.

1. No off-street parking or loading areas will be allowed in any required yard area;

2. All outdoor storage or handling areas must be screened in accordance with the requirements of TMC Chapter 18.47;

3. All parking, storage, or maneuvering areas shall be paved with an impervious material such as asphalt or concrete;

4. The facility shall comply with all applicable federal, state, and county regulations concerning the handling, storage, or disposal of hazardous waste and/or materials. In addition, the requirements of TMC Chapter 18.40, Environmental Performance Standards, and TMC Title 16, Environment, shall be adhered to.

(Ord. O2022-013, Amended, 10/04/2022; Ord. O2013-025, Added, 01/07/2014)

18.56.190 “J” uses.

“Junk yards”

See “Wrecking yards.”

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.200 “K” uses.

“Kennels”

A. Minimum Conditions.

1. Must meet all applicable licensing requirements of the state;

2. The minimum site area shall be adequate to provide the required parking, yards, and at least one off-street emergency loading space;

3. No off-street parking or loading areas will be allowed in any required yard area, except off-street parking may be allowed in the front yard area;

4. Screening shall be provided on each side of the parking area, which abuts upon or faces across an alley, or any lot in a residential zone;

5. If located within five hundred feet of a residential zone or within a NC or MU zoning district, all animals must be kept at all times within a fully enclosed building with adequate controls so that animal noises and odor cannot be detected on adjoining property, except in cases when the animal is under the direct control and supervision of the kennel operator or owner of the animal on a leash or similar restraint.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.210 “L” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.220 “M” uses.

“Marijuana producer”

A. Minimum Conditions.

1. Those conditions as listed under TMC 18.42.080(A)(1), “Marijuana producer.”

“Marijuana processor”

A. Minimum Conditions.

1. Those conditions as listed under TMC 18.42.080(A)(2), “Marijuana processor.”

“Medical clinics”

A. Minimum Conditions.

1. Must meet the licensing requirements of the state;

2. The minimum site area shall be adequate to provide the required parking, yards, and at least one off-street emergency loading space;

3. No off-street parking or loading areas will be allowed in any required yard area, as defined by the applicable zoning district’s density regulations section.

“Ministorage facilities”

A. Minimum Conditions.

1. No off-street parking or loading areas will be allowed in any required yard area;

2. Screening located along all property lines shall be provided to lessen visual impacts to neighboring properties and street rights-of-way;

3. The minimum site area shall be adequate to provide for the required parking and yards.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2014-012, Amended, 08/19/2014; Ord. O2013-025, Amended, 01/07/2014; Ord. O2008-016, Amended, 09/16/2008; Ord. O2003-001, Amended, 02/18/2003; Ord. O99-001, Amended, 04/29/1999; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1201, Amended, 06/20/1989; Ord. 883, Added, 05/06/1984)

18.56.230 “N” uses.

“Neighborhood community centers”

A. Minimum Conditions.

1. The facility shall provide services of a social and cultural nature to the neighborhood in which is it located;

2. Front, side and rear yard setbacks of sufficient distance, as determined by the hearing examiner, to provide noise and light separation from adjacent residential uses;

3. Landscaping and screen planting in required yard areas of types, quantity and location, as prescribed by the hearing examiner, sufficient to provide noise and light separation from adjacent residential uses;

4. Off-street parking of one space per each employee, plus additional space as determined by the hearing examiner, such off-street parking to be screened by landscaping from adjacent properties, and not located in any required yard area;

5. Limitation on the hours of operation so as not to interfere with the residential character of the neighborhood;

6. No use of sound amplification or lighting equipment that would be audible or visible from adjacent properties.

“Neighborhood-oriented commercial center”

A. Minimum Conditions.

1. A neighborhood-oriented commercial center is recognized as a desirable use of land in predominantly residential areas;

2. A site for a neighborhood-oriented commercial center shall not be located within a distance of one-half of a mile (two thousand six hundred forty feet) from any other retail commercial use, commercial zoning district, or neighborhood-oriented commercial center, and the building, parking and appurtenances must be on or entirely within three hundred feet of a minor arterial or urban collector;

3. Business within the neighborhood commercial center shall be limited to retail and service uses oriented to serve the residents of the immediate neighborhood. Examples of these uses are provided as follows:

a. Grocery store under two thousand square feet gross floor area;

b. Bookstore;

c. Bakery;

d. Repair of personal apparel and equipment;

e. Laundry and dry cleaners;

f. Restaurant;

g. Coffee specialty store.

4. In no event shall the gross floor area of a single neighborhood oriented retail or service use exceed two thousand square feet;

5. Residential uses are permitted as an accessory use to the primary use;

6. Building Coverage and Open Space. No more than eighty-five percent of the square footage of the site may be covered by buildings and parking. At least fifteen percent of the square footage of the site must be landscaped. Landscaped setbacks may be used to meet this requirement;

7. The number of separate uses permitted on a single neighborhood-oriented commercial center, whether on a single lot or contiguous lots, shall be limited to three;

8. Parking shall conform to TMC Chapter 18.50, and be located to the rear of the front yard setback line. Off-street parking and loading facilities shall be so located and screened that they are not visible from the first story window level of contiguous residential properties;

9. All business, service, storage, and display of goods shall be conducted within a completely enclosed building, and all refuse shall be contained in completely enclosed facilities;

10. Hours of operation shall be limited to the hours between 7:00 a.m. and 8:00 p.m.;

11. Pedestrian Access.

a. An on-site pedestrian circulation system, which links the street and the primary entrance(s) of the structure(s), shall be provided. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security can be maintained;

b. Where the pedestrian circulation system crosses driveways, parking areas, and loading areas, it must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the community development director. Striping may be permitted only in conjunction with at least one of the preceding methods;

c. To discourage parking in front yards and encourage parking on side and rear yards, no more than twenty-five percent of the distance from property line to property line on that portion of a parcel facing a dedicated public street or highway may be consumed by surface parking.

“Nurseries, retail”

A. Minimum Conditions.

1. The majority of the sales must be retail.

2. A retail garden shop must be included on site.

“Nursing homes”

See “Convalescent centers.”

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2011-002, Amended, 03/01/2011; Ord. O2008-009, Amended, 02/17/2009; Ord. O99-001, Amended, 04/20/1999; Ord. O98-009, Amended, 10/20/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.250 “P” uses.

“Parking lots, park and ride lots, and parking structures”

A. Minimum Conditions.

1. A proposed parking lot or parking structure shall exclusively serve specifically identified uses in or adjacent to the district to accommodate shared employee or customer parking or off-site employee parking. The uses served by the lot may change over time;

2. A proposed park and ride lot shall be designated as such by the local public transit agency;

3. Parking lots and parking structures are prohibited on corner lots, unless otherwise allowed under subarea or citywide design guidelines;

4. The proposed parking lot, park and ride lot, or parking structure must not detract from the intent of the underlying zoning district.

“Parks, open space areas and recreational facilities”

A. Minimum Conditions.

1. Parks, open space areas and recreational facilities intended for outdoor activities for use by the public shall be screened from neighboring industrial uses by type two landscaping in accordance with TMC Chapter 18.47;

2. Outdoor play areas shall be buffered from adjacent industrial areas where heavy machinery is in common use through the use of berms or other means to mitigate noise impacts to the play areas.

“Private clubs and lodges”

A. Minimum Condition.

1. Those conditions as listed under TMC 18.56.120, “Churches,” when applicable.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2001-020, Amended, 05/07/2002; Ord. O99-001, Amended, 04/20/1999; Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Amended, 05/06/1984)

18.56.260 “Q” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.270 “R” uses.

“Recreational facilities”

See “Parks, open space areas and recreational facilities.”

“Recreational vehicle parks”

A. Minimum Conditions.

1. Minimum site size for a recreational vehicle park shall be two acres;

2. Each recreational vehicle site shall be a minimum of one thousand square feet in size, and separated by a minimum of ten feet from any other recreational vehicle site or permanent building within or adjacent to the recreational vehicle park;

3. The recreational vehicle park shall provide a minimum of ten feet of buffer area planted with sight-obscuring vegetation to screen the site from adjacent land uses;

4. The recreational vehicle park shall meet all state requirements for such facilities;

5. The recreational vehicle park shall be designed for temporary occupancy only, not permanent year-round occupancy, as distinguished from a mobile or manufactured home park;

6. The recreational vehicle park shall provide adequate sanitation, heating, lighting and ventilation facilities in accordance with applicable state and local codes and ordinances;

7. The recreational vehicle park shall provide sewage disposal facilities for the recreational vehicle park users.

“Recycling collection centers”

A. Minimum Conditions.

1. The development must comply with the requirements of TMC Chapter 18.40, Environmental Performance Standards, and TMC Chapter 8.04, Nuisances;

2. Adequate off-street loading/unloading areas shall be provided; these areas shall not be located within any required setback or landscaping area;

3. All parking, storage, maneuvering, or loading/unloading areas shall be paved with an impervious material such as asphalt or concrete;

4. The facility shall not cause or allow the emission or generation of any odor from any source, which unreasonably interferes with another person’s use and enjoyment of their property;

5. To minimize wind-blown debris and dust, all areas where recyclable materials are loaded, unloaded, or transferred between containers shall be in an enclosed building;

6. To minimize contact with precipitation and the potential for contamination of runoff, all recyclable materials shall be stored under a roofed area or in containers with lids that are kept closed.

“Rest homes”

See “Convalescent centers.”

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2000-004, Added, 07/18/2000; Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Added, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.280 “S” uses.

“Schools”

A. Minimum Condition.

1. Twenty-five-foot setback on front, side, and rear yards. No off-street parking or loading area will be allowed in any required yard area.

“Senior housing facilities, assisted”

A. Senior housing facilities, assisted are permitted as conditional uses in the MFH multifamily high residential zone district provided they meet minimum conditions (B)(1) through (4) of this section. Senior housing facilities, assisted are also permitted as conditional uses in the MFM multifamily medium density residential and NC neighborhood commercial zone districts provided they meet minimum conditions (B)(1) through (3) of this section.

B. Minimum Conditions.

1. The minimum site area shall be adequate to provide the required parking, yards, and at least one off-street emergency loading space;

2. No off-street parking or loading areas will be allowed in any required yard area, as defined by the applicable zoning district’s density regulations section;

3. Off-street parking shall be in accordance with TMC Chapter 18.50; provided, that the use shall not be eligible for an administrative modification to increase the number of required off-street parking stalls;

4. The proposed use shall not be subject to the transfer of development rights requirements of TMC 18.16.050 if total lot coverage of buildings does not exceed sixty percent of the total area of the lot.

“Storage, manufacture or sale of highly volatile or extremely hazardous substances and off-site hazardous waste treatment and storage facilities”

A. Minimum Conditions.

1. No handling of explosives or radioactive materials that present a potential public health or safety hazard;

2. Site of volatile or hazardous materials may be subject to additional setbacks as appropriate to ensure protection of residential areas, groundwater supplies, and concentrations of people;

3. The city may impose reasonable conditions to assure the public health and safety. Such conditions may include restrictions in hours of operation, transportation routing, material handling, site location, and other operation functions.

(Ord. O2020-005, Amended, 03/16/2021; Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2008-009, Amended, 02/17/2009; Ord. O2002-013, Added, 08/20/2002; Ord. O2000-004, Amended, 07/18/2000; Ord. O98-009, Amended, 10/20/1998; Ord. O98-001, Added, 09/15/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1095, Added, 01/20/1987; Ord. 883, Added, 05/06/1984)

18.56.300 “U” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.310 “V” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.320 “W” uses.

“Wireless communication towers”

A. Minimum Condition.

1. Wireless communication towers must meet the applicable requirements listed in TMC Chapter 11.20, Wireless Communication Facilities.

“Wrecking yards and junk yards”

A. Minimum Conditions.

1. No off-street parking or loading areas will be allowed in any required yard area;

2. All outdoor storage or handling areas must be screened in accordance with the requirements of TMC Chapter 18.47;

3. All parking, storage, dismantling, or maneuvering areas shall be paved with an impervious material such as asphalt or concrete;

(Ord. O2018-025, Amended, 12/18/2018; Ord. O2017-023, Amended, 07/17/2018; Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2006-037, Added, 03/04/2008; Ord. O2000-004, Added, 07/18/2000; Ord. O97-024, Amended, 03/03/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.330 “X” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.340 “Y” uses.

(Ord. O2013-025, Added, 01/07/2014)

18.56.350 “Z” uses.

(Ord. O2013-025, Added, 01/07/2014)