Chapter 18.42
GENERAL LAND USE REGULATIONS

Sections:

18.42.010    Accessory dwelling units.

18.42.020    Height regulations – Exemptions.

18.42.030    Home occupations.

18.42.040    Yards – Setbacks.

18.42.050    Sexually oriented businesses.

18.42.060    Utility substations.

18.42.070    Agriculture.

18.42.080    Marijuana businesses.

18.42.090    Motor vehicle sales facilities.

18.42.010 Accessory dwelling units.

It is the specific purpose and intent of allowing accessory dwelling units within all residential districts, to provide the opportunity and encouragement for the development of small housing units designed, in particular, to meet the housing needs of persons of low and moderate incomes who might otherwise have difficulty finding homes within Tumwater. Furthermore, it is the purpose and intent of this provision to allow the more efficient use of Tumwater’s existing stock of dwellings and accessory buildings to provide economic support of present resident families of limited income, and to protect and preserve property values. To help achieve these goals and to promote the other objectives of this title, the following specific standards are set forth for such accessory dwelling unit uses:

A.    There shall be no more than one accessory dwelling unit per lot in conjunction with a single-family structure.

B.    An accessory dwelling unit may be attached to, created within, or detached from a new or existing primary single-family dwelling unit.

C.    The accessory dwelling unit will require one parking space, which is in addition to any off-street spaces required for the primary single-family dwelling unit.

D.    The primary entrance to an accessory dwelling unit shall not be visible from the yard on the same side of the lot on which the primary entrance to the primary single-family dwelling unit is located.

E.    To ensure that the accessory dwelling unit is clearly secondary to the primary dwelling unit, the floor area for the accessory dwelling unit shall in no case exceed eight hundred square feet, nor be less than three hundred square feet, and the accessory dwelling unit shall contain no more than two bedrooms.

F.    No more than one family, as defined in TMC Chapter 18.04, shall be allowed to occupy an accessory dwelling unit.

G.    An accessory dwelling unit, together with the primary single-family dwelling unit with which it is associated, shall conform to the provisions of this chapter and all other applicable codes and ordinances.

(Ord. O2013-025, Amended, 01/07/2014; Ord. O2000-004, Amended, 07/18/2000; Ord. O99-001, Amended, 04/20/1999; Ord. O97-025, Amended, 12/02/1997; Ord. O95-035, Added, 12/19/1995)

18.42.020 Height regulations – Exemptions.

The height limitations, except for those limitations regarding imaginary airspace surfaces, contained in the density regulations of each zoning district do not apply to electrical power transmission towers, fire stations, electrical substations, and water or sewer facilities, chimneys, ventilators, energy systems including solar energy collectors and equipment used for the mounting or operation of such collectors, or other appurtenance usually required to be placed above the roof level and not intended for human occupancy.

(Ord. O2004-009, Amended, 12/07/2004; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Amended, 12/19/1995; Ord. 1144, Amended, 01/05/1988; Ord. 883, Added, 07/01/1984)

18.42.030 Home occupations.

Home occupations, as defined in TMC Chapter 18.04, are permitted as authorized by each particular zoning district, and shall continuously meet all of the following criteria:

A.    There shall be no use of heavy mechanical equipment or machines which emit noise, dust, noxious odors, fumes, pollutant discharges, or electronic interference beyond the limits of the subject property.

B.    The use shall not generate excessive pedestrian or vehicular traffic beyond that normal to the district in which it is located.

C.    There shall be no unsightly storage of materials and/or supplies outdoors, for purposes other than those permitted in the district of which it is a part.

D.    No portion of any garage or other area that is necessary for required parking shall be used for home occupational purposes, unless the necessary required parking spaces are provided elsewhere on the lot.

E.    In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.

F.    In the case of construction or related occupations, any outdoor storage and equipment yards must be maintained separate from the home occupation.

G.    No stock-in-trade shall be sold or displayed on the premises out-of-doors, excepting the sale or display of seasonal items for a period not to exceed four weeks total in any year.

H.    No more than two people outside the immediate family shall be employed on the site of the home occupation.

I.    Once a business registration has been obtained by the owner or operator of a home occupation, such permit is neither transferable to another person, nor can it apply to any address other than that stated on the permit.

J.    Each application shall be submitted with 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.

(Ord. O2013-025, Amended, 01/07/2014; Ord. O98-009, Amended, 10/20/1998; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.42.040 Yards – Setbacks.

The intent of this section requiring building setbacks from lot lines is to ensure adequate light and air for each structure in order to maintain public health, safety, and welfare, and provide protection from excessive glare, illumination, and similar adverse impacts from neighboring uses.

The required setback shall be parallel to the structure requiring a setback. Setback width shall be measured from the outermost edge of the building foundation to the closest point of the parallel (or nearly parallel) adjoining lot line.

A.    A required yard area shall be kept free of any building or structure higher than forty-two inches, except that a building or projection shall be allowed as provided below:

1.    Cornices, windowsills, flues and chimneys, bay windows, planters and eaves of roofs may project two feet into the required yard area.

2.    Marquees, awnings and other pedestrian-oriented structures may project into the required front setback areas for all commercial zones.

3.    Fences may exist in the required yard area if they meet fence height requirements found in TMC Chapter 18.46.

4.    Uncovered porches, balconies or patios, which are no more than forty-two inches in height, may be placed within the required setback area.

5.    Uncovered swimming pools and hot tubs may be placed in the rear or interior side yard setback area.

6.    Public transit shelters.

7.    Retaining walls may exist in the required setback area provided they are no higher than seventy-two inches in height.

8.    Uncovered steps and ramps may project into the required setback area and may be higher than forty-two inches in height.

9.    Stormwater ponds are allowed within the designated setback area a minimum of five feet from the property line.

B.    No building construction nor projection is allowed within any utility, access or public/private easement.

C.    Use of Yard by Another Building. No yard or other open space required by this chapter for any building shall be considered as a yard or other open space for any other building; nor shall any yard or open space on one building site be considered as a yard or open space for a building on any other building site.

D.    The following uses are not permitted in setbacks:

1.    Heating, air conditioning or ventilation units;

2.    Other mechanical or hydraulic units.

(Ord. O95-035, Added, 12/19/1995)

18.42.050 Sexually oriented businesses.

A.    Conditions of Approval. Sexually oriented businesses may be permitted as indicated in TMC 18.24.020 and 18.34.020 but only if the following separation and distance conditions are met:

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

2.    No sexually oriented business shall be located closer than one thousand three hundred twenty feet from the nearest point on the boundary of the light industrial (LI) and the airport related industry (ARI) districts;

3.    No sexually oriented business shall be located closer than one thousand three hundred twenty feet to any of the following uses whether such use is located within city corporate limits or within Thurston County:

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

b.    Preschool facility;

c.    Nursery school;

d.    Day care center;

e.    Mini-day care center;

f.    Family day care home;

g.    Public library;

h.    Church, temple or synagogue or other facility primarily devoted to the teaching or practice of religious beliefs;

i.    Public parks;

j.    Bike or pedestrian paths or trails not associated with vehicle rights-of-way;

k.    Any residential use.

4.    In the event one or more of the uses denominated in subsection (A)(3) of this section locates within one thousand three hundred twenty feet of a sexually oriented business after the sexually oriented business has commenced operation, said sexually oriented business shall be deemed a nonconforming use only if the subsequently established use is situated within three hundred feet of the sexually oriented business.

5.    Such distance shall be measured by following a straight line distance between the point of public entry into the structure housing the sexually oriented business and:

a.    The nearest point on a property line of a public park or bike or pedestrian path or trail; or

b.    The nearest point of public entry or point on a property line, whichever is closer, or public or private primary or secondary schools, colleges and universities, preschool facility, nursery school, day care center, mini-day care center, family day care home, public library, church, temple or synagogue or other facility primarily devoted to the teaching or practice of religious beliefs, or any residential use.

In the case of any use utilizing leased area or facilities, “property line” shall refer only to such leased area or facility.

B.    Sexually Oriented Businesses – Forbidden in Other Zones. The allowance of adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters, sexual encounter establishments, semi-nude model studios, escort agencies or adult motels shall be limited to the light industrial (LI) and airport related industry (ARI) zones and such uses are forbidden in all other zones within the city of Tumwater.

C.    Sexually Oriented Businesses – Preexisting Sexually Oriented Businesses. Sexually oriented businesses existing prior to the adoption of the ordinance codified in this chapter shall be considered a nonconforming use and shall not be subject to the distance requirements set forth in subsection A of this section, but shall be subject to the provisions of TMC Chapter 18.54.

(Ord. O95-035, Amended, 12/19/1995; Ord. O94-014, Added, 07/09/1994)

18.42.060 Utility substations.

In order to ensure the compatibility of such facilities with adjacent existing and planned land uses, the following standards shall apply to all utility substations:

A.    Utility substations are recognized as a necessary part of all uses of land and are therefore permitted under the provisions of this chapter in all zoning districts.

B.    A utility substation shall be completely enclosed by a view-obscuring fence or hedge, with the exterior grounds landscaped, and the enclosure is to meet the following setback requirements:

1.    Front yard, thirty feet;

2.    Side yard, twenty feet; and

3.    Rear yard, ten feet if abutting an alley, otherwise twenty feet.

(Ord. O95-035, Amended, 12/19/1995; Ord. O94-018, Amended, 07/19/1994; Ord. 883, Added, 05/06/1984)

18.42.070 Agriculture.

A.    Agriculture uses are allowed within the ARI, LI, RSR, SFL, SFM and MFM zone districts provided they are thirty acres or less in size and meet the following requirements:

1.    The number and types of animals shall meet the requirements of TMC Chapter 6.08.

2.    For the purposes of determining the total number of “animal units” allowed on a site (as defined in TMC 16.26.020(B)), acres are to be calculated in accordance with subsection B of this section.

3.    On-site sales shall consist primarily of products produced on site by the agriculture use; except for lots less than two acres in size where all products sold must be produced on site by the agriculture use.

4.    Signs shall meet the requirements listed in TMC Chapter 18.44.

5.    Fences shall meet the requirements listed in TMC Chapter 18.46.

6.    All agricultural uses shall adhere to the required best management practices (BMPs) and other provisions described in the city of Tumwater drainage design and erosion control manual. In the event the city has determined the agricultural uses cause a detrimental impact to water quality, additional best management practices may be required at the direction of the public works director or designee, including cessation of uses, as necessary to restore water quality and protect public health.

B.    Acreage Calculation. The size of agriculture uses is calculated by measuring the area of a lot less the portion of the lot that is undevelopable due to critical areas, existing development, or other site conditions that make utilizing that portion of the lot unfeasible for agriculture or activities related to agriculture including product storage, sales, processing, etc. The acreage total includes contiguous parcels that are also being utilized by the same agriculture operation. In instances where urban farms utilize parcels that are not contiguous, they are to be considered separate uses for the size calculation. For the purposes of this calculation, lots on opposite sides of a public right-of-way are not to be considered contiguous.

(Ord. O2017-014, Amended, 07/18/2017; Ord. O2010-029, Added, 06/07/2011)

18.42.080 Marijuana businesses.

A.    Conditions of Approval. Marijuana businesses may be permitted but only if the following conditions are met:

1.    Marijuana Producer. A marijuana producer shall be a conditional use in LI and ARI zone districts and shall be subject to the following requirements:

a.    Meet Washington State licensing requirements (Chapter 314-55 WAC);

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

c.    Lot size, building size, setbacks and lot coverage conform to the standards of the zone district except if the structure is a legal nonconforming structure;

d.    Signage, if any, will conform to TMC Chapter 18.44;

e.    Be within a fully enclosed secure indoor structure;

f.    All buildings must be equipped with ventilation/air filtration systems so that no odors are detectable at the property line;

g.    All buildings associated with the production of marijuana must be set back a minimum of three hundred feet from RSR, SFL, SFM, MFM, MFH, MU, CBC, TC, BD, GB, OS, and MHP zone districts; and

h.    The city may suspend or revoke conditional use permits based on a finding that the provisions of this section have not been met.

2.    Marijuana Processor. A marijuana processor shall be a conditional use in the LI and ARI zone districts and shall be subject to the following requirements:

a.    Meet Washington State licensing requirements (Chapter 314-55 WAC);

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

c.    Lot size, building size, setbacks and lot coverage conform to the standards of the zone district except if the structure is a legal nonconforming structure;

d.    Signage, if any, will conform to TMC Chapter 18.44;

e.    Be within a fully enclosed secure indoor structure;

f.    All buildings must be equipped with ventilation/air filtration systems so that no odors are detectable at the property line;

g.    All buildings associated with the production of marijuana must be set back a minimum of three hundred feet from RSR, SFL, SFM, MFM, MFH, MU, CBC, TC, BD, GB, OS, and MHP zone districts; and

h.    The city may suspend or revoke conditional use permits based on a finding that the provisions of this section have not been met.

3.    Marijuana Retailer. A marijuana retailer shall be a permitted use in the GC, LI and ARI zone districts and shall be subject to the following requirements:

a.    Meet Washington State licensing requirements (Chapter 314-55 WAC);

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

c.    Lot size, building size, setbacks and lot coverage conform to the standards of the zone district except if the structure is a legal nonconforming structure;

d.    Signage, if any, will conform to TMC Chapter 18.44.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-013, Added, 10/01/2013)

18.42.090 Motor vehicle sales facilities.

Motor vehicle sales facilities may be permitted but only if the following requirements are met:

A.    Employee and customer parking areas shall meet landscaping and off-street parking standards in TMC Chapters 18.47 and 18.50.

B.    The applicant shall submit a parking plan showing the arrangement of motor vehicles within motor vehicle outdoor display and storage areas. The plan shall delineate parking spaces within these areas for the purpose of calculating the required amount of parking area interior landscape buffers pursuant to TMC 18.47.050(E). Motor vehicle outdoor display and storage areas shall meet landscaping and off-street parking standards in TMC Chapters 18.47 and 18.50, except as set forth below:

1.    Striping of parking spaces is not required.

2.    Parking area interior landscape buffers are required between the end of each parking aisle and any customer parking, service areas and required fire lanes. Additional interior buffers are not required if the applicant provides one of the following site design alternatives:

a.    An alternative landscaping plan is prepared and approved in accordance with TMC 18.47.060 that provides an equivalent amount of landscaping in other areas of the site that would otherwise be provided within parking area interior landscape buffers; or/and

b.    A wearing surface consisting of some type of pervious pavement, such as asphalt without fines, or a true interlocking concrete paver system with drainage openings to facilitate rainwater infiltration is constructed within the motor vehicle outdoor display and storage areas. The wearing surface shall be approved by the city engineer.

C.    Loading/unloading areas for vehicle carriers shall be provided on the project site.

D.    Lighting shall comply with the requirements of TMC 18.40.035, Exterior illumination.

E.    Outdoor loudspeaker systems are prohibited.

(Ord. O2014-012, Added, 08/19/2014)