Chapter 18.56
CONDITIONAL USE PERMITS

Sections:

18.56.010    Intent.

18.56.020    Application – Contents and fee.

18.56.030    Hearing.

18.56.040    Imposition of conditions.

18.56.050    Notification of hearing examiner decision.

18.56.060    Resubmittal of application – Appeal.

18.56.070    Time limitations.

18.56.080    Specific conditional use permit.

18.56.090    Minimum conditions.

18.56.100    Churches.

18.56.110    Schools.

18.56.120    Medical clinics or hospitals.

18.56.125    Senior housing facilities.

18.56.130    Convalescent centers, rest homes and nursing homes.

18.56.135    Adult family homes, residential care facilities.

18.56.140    Neighborhood community centers.

18.56.150    Animal clinics, hospitals or kennels.

18.56.155    Agriculture.

18.56.160    Neighborhood-oriented commercial centers.

18.56.170    Off-premises primary use signs.

18.56.180    Cemeteries.

18.56.185    Wholesaling, manufacturing, assembling, warehousing, storing, repairing, fabricating, or other handling of products or equipment.

18.56.190    Ministorage facilities and auto repair facilities.

18.56.195    Taverns, cocktail lounges.

18.56.200    Private clubs and lodges.

18.56.205    Automobile service stations.

18.56.210    Storage, manufacture or sale of highly volatile or extremely hazardous substances; off-site hazardous waste treatment and storage facilities.

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

18.56.220    Freestanding wireless communication facilities.

18.56.225    Group foster home.

18.56.230    Child day care center.

18.56.235    Family child care home, child mini-day care center.

18.56.240    Juvenile detention facilities.

18.56.245    Secure community transition facilities.

18.56.250    Work release facilities.

18.56.260    Essential public facilities siting process.

18.56.265    Parks and open spaces, recreational facilities.

18.56.270    Campgrounds and recreational vehicle parks.

18.56.280    Buildings or structures over permitted height restrictions.

18.56.285    Development projects over permitted intensity standards.

18.56.290    Parking lots, park and ride lots, and parking structures.

18.56.300    Wrecking yards and junk yards.

18.56.310    Bed and breakfasts.

18.56.320    Recycling collection centers.

18.56.330    Motor vehicle sales facilities.

18.56.335    Entertainment facilities over permitted building size standard in the general commercial overlay zone.

18.56.340    Warehouse distribution centers.

18.56.010 Intent.

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.

B.    A written notice of any public hearing shall be mailed to all property owners as listed on records of the Thurston County assessor within a three-hundred-foot radius of the external boundaries of the subject property. In addition, notice shall be published at least ten days prior to the hearing in at least one newspaper of general circulation within the city and shall be posted in a conspicuous place at or near the location of the proposal. Each notice shall include the time, date, place, purpose of the hearing, and location of the subject proposal.

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

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.

Not later than five working days following the decision of the hearing examiner granting or denying the application, the applicant and parties of record shall be notified of the decision in writing. Such written notification shall include the findings of fact for denial or approval, whichever is applicable.

(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.

An application which has been denied by the hearing examiner shall not be resubmitted to the hearing examiner within six months of the date of denial. The decision of the hearing examiner may be appealed to the city council pursuant to the provisions of TMC 2.58.150.

(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 review period, as deemed necessary by the nature of the project, may be imposed as a condition of the initial permit approval.

(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 Churches.

A.    Churches are permitted as a conditional use in the following zone districts: RSR, SFL, SFM, MFM, MFH, MHP, MU, TC, and CS.

B.    The following are 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.    Screening shall be provided on each side of the parking area which abuts upon or faces across a street, alley or any lot in a residential zone;

5.    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;

6.    Parking shall conform to TMC Chapter 18.50.

(Ord. O2008-009, Amended, 02/17/2009; Ord. O2005-034, Amended, 01/17/2006; Ord. O2001-020, Amended, 05/07/2002; Ord. O98-009, Amended, 10/20/1998; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.56.110 Schools.

A.    Public schools and private schools are permitted as a conditional use in the following zone districts: RSR, SFL, SFM, MFM, MFH, MHP, NC, MU, and GC.

B.    Minimum Conditions.

1.    Minimum land area standards as now established by the Office of the State Superintendent of Public Instruction;

2.    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;

3.    Parking shall conform to TMC Chapter 18.50;

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

(Ord. O2008-009, Amended, 02/17/2009; 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)

18.56.120 Medical clinics or hospitals.

A.    Hospitals and medical clinics are permitted as conditional uses in the MFM and MFH zone districts.

B.    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;

4.    Screening shall be provided in accordance with TMC Chapter 18.47;

5.    The use must meet applicable design review guidelines in TMC 18.43.060.

(Ord. O99-001, Amended, 04/29/1999; Ord. O97-025, Amended, 12/02/1997; Ord. 1201, Amended, 06/20/1989; Ord. 883, Added, 05/06/1984)

18.56.125 Senior housing facilities.

A.    Senior housing facilities greater than twenty-five but not to exceed twenty-nine dwelling units per acre net density are permitted as conditional uses in the MFH zone district provided they meet minimum conditions (B)(1) through (6) of this section. Senior housing facilities are also permitted as conditional uses in the MFM and NC zone districts provided they meet minimum conditions (B)(1) through (5) 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.    Landscape screening shall be provided in accordance with TMC Chapter 18.47.

4.    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.

5.    The proposed use shall be consistent with the applicable provisions of TMC Chapter 16.28. If a regulated wetland is located on the property, a wetland mitigation plan as described in TMC 16.28.230 shall be prepared by a qualified wetland professional and approved by the city.

6.    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.

(Ord. O2000-004, Amended, 07/18/2000; Ord. O98-001, Added, 09/15/1998)

18.56.130 Convalescent centers, rest homes and nursing homes.

A.    Convalescent centers, rest homes and nursing homes are permitted as a conditional use in the following zone districts: NC, MU, and GC.

B.    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.    Parking shall conform to TMC Chapter 18.50;

4.    The front, rear, and side yards shall be at least thirty feet. No off-street parking or loading areas will be allowed in any required yard area;

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

(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. 1289, Amended, 06/04/1991; Ord. 883, Added, 05/06/1984)

18.56.135 Adult family homes, residential care facilities.

A.    Adult family homes and residential care facilities are permitted as conditional uses in the following zone district: HI.

B.    Minimum Conditions.

1.    The use shall be screened in accordance with the landscaping requirements of TMC Chapter 18.47.

(Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Added, 12/17/1996)

18.56.140 Neighborhood community centers.

A.    A neighborhood community center is permitted as a conditional use in the following zone districts: RSR, SFL, SFM, MFM, MFH and MHP.

B.    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 planning commission and city council, 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;

7.    The use must meet applicable design review guidelines in TMC 18.43.060.

(Ord. O2008-009, Amended, 02/17/2009; Ord. O99-001, Amended, 04/20/1999; Ord. O98-009, Amended, 10/20/1998; Ord. 883, Added, 05/06/1984)

18.56.150 Animal clinics, hospitals or kennels.

A.    Animal clinics and hospitals are permitted as a conditional use in the NC, MU, GC, LI, HI and ARI zone districts. Animal kennels are permitted as a conditional use in the following zone districts: GC, LI and ARI.

B.    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.

(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)

18.56.155 Agriculture.

A.    Agriculture is permitted as a conditional use in the following zone district: MHP.

B.    Minimum Conditions.

1.    All agricultural production shall be for personal and/or small-scale commercial purposes only.

2.    Covered structures directly related to the housing, care and keeping of livestock shall be located in accordance with TMC Chapter 6.08.

3.    Any on-site sales shall consist of products grown or produced on site and shall not generate excessive vehicular traffic.

4.    The use of heavy mechanical equipment or machines which emit excessive dust, noxious odors, fumes, pollutant discharges or chemical sprays beyond the boundaries of the subject property shall not be permitted.

(Ord. O2009-029, Amended, 06/07/2011; Ord. O2008-009, Amended, 02/17/2009; Ord. O96-022, Added, 12/17/1996)

18.56.160 Neighborhood-oriented commercial centers.

A.    Neighborhood-oriented commercial centers are permitted as a conditional use in the following zone districts: SFL, SFM, MFM, MFH and MHP.

B.    Minimum Conditions.

1.    Neighborhood-oriented commercial centers are recognized as a desirable use of land in predominantly residential areas, and are allowed in the residential zoning districts listed in subsection A of this section.

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 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.    Newsstand.

e.    Video rental.

f.    Repair of personal apparel and equipment.

g.    Laundry and dry cleaners.

h.    Restaurant.

i.    Coffee specialty store.

4.    In no event shall the gross floor area of a 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.    Lighting shall be shielded so as not to produce glare or negatively impact off-site uses or traffic on adjacent streets.

10.    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.

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

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.

11.    The use must meet applicable design review guidelines in TMC 18.43.060.

(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)

18.56.170 Off-premises primary use signs.

A.    Off-premises primary use signs are permitted as a conditional use for directional purposes only in the following zone districts: NC, MU, GC, ARI, LI and HI.

B.    Minimum Conditions.

1.    No off-premises primary use sign shall be erected closer to the street than the building setback line. In cases where no setback is required, no portion of any off-premises sign shall extend beyond the property line or on or extend over the right-of-way line of any street or highway.

2.    The conditions for permit application, maintenance, inspection and removal, and other general provisions for off-premises primary use signs, are as stated in TMC Chapter 18.44.

3.    No off-premises primary use sign shall be larger than thirty-two square feet.

C.    Any off-premises primary use sign in existence on the effective date of the ordinance codified in this title may continue in existence and may be maintained, and its message may be changed, as long as the sign itself is not increased beyond its existing size.

(Ord. O2006-019, Amended, 08/15/2006; 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)

18.56.180 Cemeteries.

A.    Cemeteries are permitted as a conditional use in following zone districts: RSR, SFL, SFM, MFM, MFH, MHP, NC, LI and HI zones, except as permitted outright.

B.    Minimum Conditions.

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

2.    A forty-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 effectively screen 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. All landscaping planting materials shall not 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. No off-street parking or loading areas shall be allowed in any required yard areas;

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

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

(Ord. O2008-009, Amended, 02/17/2009; Ord. 883, Added, 05/06/1984)

18.56.185 Wholesaling, manufacturing, assembling, warehousing, storing, repairing, fabricating, or other handling of products or equipment.

A.    Wholesaling, manufacturing, assembling, warehousing, storing, repairing, fabricating, or other handling of products or equipment are permitted as conditional uses in the following zone district: GC.

B.    Minimum Conditions.

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

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

3.    All activities listed in the title of this section shall be ancillary to a primary use that is a permitted or conditional use allowed in the underlying zone district;

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

(Ord. O97-024, Amended, 03/03/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Added, 12/17/1996)

18.56.190 Ministorage facilities and auto repair facilities.

A.    Ministorage facilities and auto repair facilities are permitted as conditional uses in the following zone district: GC.

B.    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. O2003-001, Amended, 02/18/2003; 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)

18.56.195 Taverns, cocktail lounges.

A.    Taverns are permitted as conditional uses in the following zone districts: CS, MU, GC and TC. Cocktail lounges as primary uses are permitted as conditional uses in the following zone districts: CS, MU and GC.

B.    Minimum Conditions.

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

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

3.    Landscaping shall be provided in accordance with requirements of TMC Chapter 18.47.

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

(Ord. O2001-020, Amended, 05/07/2002; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Added, 12/17/1996)

18.56.200 Private clubs and lodges.

A.    Private clubs and lodges are permitted as a conditional use in the following zone districts: SFM, MFM, MFH, TC, and CS.

B.    Minimum Conditions.

1.    Those conditions as listed under TMC 18.56.100, when applicable.

2.    The use must meet applicable design review guidelines in TMC 18.43.060.

(Ord. O2001-020, Amended, 05/07/2002; Ord. O99-001, Amended, 04/20/1999; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Amended, 05/06/1984)

18.56.205 Automobile service stations.

A.    Automobile service stations are permitted as a conditional use in the following zone district: MU.

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

(Ord. O96-022, Added, 12/17/1996)

18.56.210 Storage, manufacture or sale of highly volatile or extremely hazardous substances; off-site hazardous waste treatment and storage facilities.

A.    Storage, manufacture or sale of highly volatile or extremely hazardous substances and off-site hazardous waste treatment and storage facilities are permitted as a conditional use in the following zone district: ARI.

B.    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. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1095, Added, 01/20/1987)

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

A.    Distribution, fabrication, and assembly facilities occurring within buildings lawfully constructed on Port of Olympia property on or before January 1, 2000, are permitted as a conditional use in the following zone district: TC.

B.    The following are minimum conditions:

1.    Landscaping shall be provided in accordance with the requirements of TMC Chapter 18.47.

2.    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 18.43.060(A)(2)(a)(i) through (vii). 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.

3.    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, transportation routing, material handling, site location, aesthetics and other operational functions.

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

5.    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. O2001-020, Added, 05/07/2002)

18.56.220 Freestanding wireless communication facilities.

A.    Freestanding wireless communication facilities are authorized as permitted uses in LI, HI, and ARI zones. Such facilities are allowed as conditional uses in all other zones with the exception of HC, GB, and OS districts, in which such uses are prohibited.

B.    Expansions of existing wireless communication facilities shall not go through the conditional use process except as provided for in TMC Chapter 11.20, Communication Antennas and Towers.

(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)

18.56.225 Group foster home.

A.    Group foster homes are permitted as conditional uses in the following zone districts: RSR, SFL, SFM, MFM, MFH, MHP and NC.

B.    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;

4.    Lot size, setbacks and lot coverage conform to those applicable to the zoning district;

5.    The use must meet applicable design review guidelines in TMC 18.43.060.

(Ord. O96-022, Added, 12/17/1996; Ord. O99-001, Amended, 04/20/1999; Ord. O2008-009, Amended, 02/17/2009)

18.56.230 Child day care center.

A.    Child day care centers, as defined in TMC Chapter 18.52, are permitted as a conditional use in the following zone districts: RSR, SFL, SFM, MFM, MFH, MHP and HI.

B.    Minimum Conditions.

1.    Meet Washington State child day care licensing requirements;

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

3.    Lot size, setbacks and lot coverage conform to those applicable to the zoning district;

4.    Signage, if any, will conform to the requirements for the applicable zoning district;

5.    Issuance of a valid child day care business license from the city as provided for in TMC 18.52.040;

6.    Parking requirements shall conform to TMC Chapter 18.50;

7.    A fence at least four feet high must be installed around the play yards and shall conform to TMC Chapter 18.46;

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

9.    No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;

10.    The use must meet applicable design review guidelines in TMC 18.43.060.

(Ord. O2008-009, Amended, 02/17/2009; Ord. O99-001, Amended, 04/20/1999; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1288, Added, 06/04/1991)

18.56.235 Family child care home, child mini-day care center.

A.    Family child care homes and child mini-day care centers are permitted as conditional uses in the following zone district: HI.

B.    Minimum Conditions.

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

2.    Child mini-day care centers shall meet the conditions listed in TMC 18.52.030(B).

3.    The use shall be screened in accordance with the landscaping requirements of TMC Chapter 18.47.

(Ord. O97-024, Amended, 03/03/1998; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Added, 12/17/1996)

18.56.240 Juvenile detention facilities.

A.    Juvenile detention facilities are permitted as a conditional use in the following zoning district: LI.

B.    Minimum Conditions.

1.    General Requirements.

a.    Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

b.    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.

2.    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.

3.    Security. The applicant shall submit a security plan, reviewed by the police chief, which, at a minimum is in compliance 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.

4.    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.

5.    Landscaping/Buffers.

a.    The applicant shall submit a binding 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.

6.    Noise. 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.

7.    Lighting. Site lighting shall be directed downward and inward or other techniques may be utilized to minimize impacts on off-site uses.

8.    Access. 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.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.245 Secure community transition facilities.

A.    Secure community transition facilities are permitted as a conditional use in the light industrial zoning district excluding light industrial zones in the vicinity of the Mottman Industrial Park.

B.    Minimum Conditions.

1.    Location.

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

2.    Public Notification.

a.    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.    Compliance with Statutory Requirements.

a.    The applicant shall provide verification from the Department of Social and Health Services that the proposed facility is in compliance 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.

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

(Ord. O2002-013, Added, 08/20/2002)

18.56.250 Work release facilities.

A.    Work release facilities are permitted as a conditional use in the following zoning district: LI.

B.    Minimum Conditions.

1.    General Requirements.

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

b.    The site must be accessible by public transportation or an alternative transportation program, approved by the hearing examiner, must be provided to serve the needs of the facility’s occupants.

c.    Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

d.    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.

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 binding 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. 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.    Lighting. Site lighting shall be directed downward and inward or other techniques may be utilized to minimize impacts on off-site uses.

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

C.    Process Requirements.

1.    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.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.260 Essential public facilities siting process.

A.    The following uses are considered essential public facilities and 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.    Terminal facilities.

3.    State education facilities.

4.    Large scale state or regional transportation facilities.

5.    Prisons, jails and other correctional facilities.

6.    Solid waste handling facilities.

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

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

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

10.    Emergency communication towers and antennas.

11.    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 educational 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 collectively review and comment 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 4.2(a)).

5.    Major public facilities which generate substantial traffic should be sited near major transportation corridors (adapted from county-wide Policy 4.2(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.

e.    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 18.56.260(A) and (B).

(Amended during 2011 reformat; O2002-013, Amended, 08/20/2002; Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.265 Parks and open spaces, recreational facilities.

A.    Parks and open spaces, and recreational facilities are permitted as conditional uses in the following zone district: HI.

B.    Minimum Conditions.

1.    Parks, open spaces and recreational facilities intended for outdoor activities for use by the public shall be screened from neighboring industrial uses by type 2 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.

(Ord. O97-024, Amended, 03/03/1998; Ord. O96-022, Added, 12/17/1996)

18.56.270 Campgrounds and recreational vehicle parks.

A.    Campgrounds and recreational vehicle parks are permitted as a conditional use in the following zoning districts: OS, MFM.

B.    Minimum Conditions.

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

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

3.    The site 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 or recreational vehicle park shall meet all state requirements for such facilities.

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

7.    The campground or recreational vehicle park shall provide sewage disposal facilities for park residents only.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Added, 12/19/1995)

18.56.280 Buildings or structures over permitted height restrictions.

A.    Overheight buildings or structures are permitted as conditional uses in certain zone districts as follows:

1.    High-rise residential buildings (five stories or more): GC.

2.    Buildings higher than fifty feet: MU, LI, HI, GC.

B.    Minimum Conditions.

1.    Drawings shall be submitted illustrating, in both plan view and elevation, the shadows that would be cast by the proposed building or structure at noon on December 21 (winter solstice). No building or structure will be permitted that is shown by these drawings to cast a shadow onto any other property that is greater than the shadow that would be cast by a hypothetical building fifty feet in height on the south lot line of the shaded property. The solar setback of a proposed structure is calculated using the following formula:

Solar setback = (H - M) / (0.40 + P)

H = height (in feet of highest shade producing point of structure)

M = maximum allowable height for buildings and structures in zoning district

0.40 = tangent of sun altitude on December 21

P = north/south slope of lot (in percent)

2.    Exterior walls of the proposed building shall include windows whenever possible. Where the construction of a windowless wall is necessitated by adopted building codes, and the building is located within either the MU or GC zone districts, the exterior facing of the wall shall be articulated on each story of the building with architectural features such as cornices or other projections, recesses, different building materials, awnings, signs, or other similar features that provide visual relief.

3.    In the MU and GC zone districts the exterior of the building’s ground floor shall be visually separated from upper floors through the use of architectural features such as awnings, cornices, distinct but compatible facade materials or lighting, or other similar methods.

4.    In the MU and GC zone districts the site design for the proposed building or structure shall include an outdoor plaza, park or landscaped area that shall be designed and maintained for public use.

(Ord. O2001-012, Amended, 03/19/2002; Ord. O97-025, Amended, 12/02/1997; Ord. O96-022, Added, 12/17/1996)

18.56.285 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 recreation 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.

(Ord. O2004-009, Added, 12/07/2005)

18.56.290 Parking lots, park and ride lots, and parking structures.

A.    Parking lots, park and ride lots, and parking structures are permitted as a conditional use in the following zoning district: MU.

B.    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;

4.    The proposed parking lot, park and ride lot, or parking structure must promote the intent of the underlying zoning district.

(Ord. O96-022, Added, 12/17/1996)

18.56.300 Wrecking yards and junk yards.

A.    Wrecking yards and junk yards are allowed as conditional uses in the following zone district: HI.

B.    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;

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

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

(Ord. O2000-004, Added, 07/18/2000)

18.56.310 Bed and breakfasts.

A.    Bed and breakfasts are permitted as a conditional use in the following zone districts: SFL, SFM and MHP.

B.    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 two weeks at a time.

(Ord. O2008-009, Amended, 02/17/2009; Ord. O2001-012, Added, 03/19/2002)

18.56.320 Recycling collection centers.

A.    Recycling collection centers are permitted as conditional uses in the following zone district: LI.

B.    Minimum Conditions.

1.    The development must comply with the requirements of TMC Chapter 18.40, Environmental Performance Standards, Chapter 18.47, Landscaping, and 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.    Lighting shall be directed downward and inward and be shielded so it does not produce glare onto adjacent properties.

5.    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.

6.    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.

7.    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.

(Ord. O2000-004, Added, 07/18/2000)

18.56.330 Motor vehicle sales facilities.

A.    Motor vehicle sales facilities are permitted as conditional uses in the general commercial zoning district on sites west of Interstate 5, east of Littlerock Road, south of Israel Road and north of the city limit boundary.

B.    Minimum Conditions.

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

2.    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.

a.    Striping of parking spaces is not required.

b.    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:

i.    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

ii.    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.

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

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

5.    Outdoor loudspeaker systems are prohibited.

6.    The city may impose additional conditions to assure that impacts of a development are fully mitigated.

(Ord. O2008-016, Amended, 09/16/2008; Ord. O2003-001, Added, 02/18/2003)

18.56.335 Entertainment facilities over permitted building size standard in the general commercial overlay zone.

A.    Entertainment facilities that exceed the building size standard of TMC 18.35.060 are permitted as a conditional use in the GCO general commercial overlay zone district.

B.    Minimum Conditions.

1.    Parking shall conform to TMC Chapter 18.50.

2.    Landscaping shall be provided in accordance with the requirements of TMC Chapter 18.47.

3.    The use must meet applicable design review guidelines in TMC 18.43.060.

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

5.    The city may impose reasonable conditions to assure public health, safety and welfare concerns are adequately addressed.

(Ord. O2008-015, Amended, 04/15/2008; Ord. O2006-021, Added, 07/10/2006)

18.56.340 Warehouse distribution centers.

A.    Warehouse distribution centers of at least two hundred thousand square feet gross floor area or that will generate more than two hundred fifty diesel truck trips per day are permitted as a conditional use in the following zone districts: LI, ARI.

B.    Minimum Conditions.

1.    Location.

a.    In no case may a warehouse distribution center be sited within one thousand feet of a residential zone.

b.    In no case may a warehouse distribution center be sited within three hundred feet of a rural residential zone.

c.    The subject site must have a truck access route from a designated truck access point on the site to Interstate 5. The route from the access point on the site to Interstate 5 shall not be bordered on either side by properties with a residential zone classification.

2.    A fifty-foot setback on front yards is required.

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

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

5.    All activities listed in the title of this section shall be ancillary to a primary use that is a permitted or conditional use allowed in the underlying zone district.

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

7.    A minimum twenty-foot separation between structures is required.

8.    Maximum lot coverage shall not exceed seventy-five percent.

(Ord. O2006-037, Added, 03/04/2008)

Figure 18.56.260(A)

CITY OF TUMWATER ESSENTIAL PUBLIC FACILITY SITING POLICIES FOR CITY ZONING

EPF Code

Tumwater Zones

RSR

SFL

SFM

MFM

MFH

MU

NC

CS

GC

TC

LI

HI

HC

BP

GB

OS

AP

ARI

A

P

B

P

P

C

C

C

C

C

C

C

D

C

C

C

C

C

C

E

C

C

C

C

C

F

C

C

C

G

C

C

C

C

C

H

C

C

C

C

C

I

C

C

C

J

C

C

C

C

C

C

C

C

C(1)

C

C

C

C

K

C(2)

Figure 18.56.260(A)

Notes:

C means conditional use; P means permitted use.

Shaded areas mean use is not permitted.

(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 are allowed in the LI zone district excluding light industrial zones in the vicinity of Mottman Industrial Park.

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

BP – Business Park

MFH – Multifamily High Density

GC – General Commercial

GB – Greenbelt

MU – Mixed Use

TC – Town Center

OS – Open Space

Figure 18.56.260(B)

CITY OF TUMWATER LIST OF ESSENTIAL PUBLIC FACILITIES

Essential Public Facility Code

Essential Public Facility

A

Airports

B

Terminal facilities

C

State education facilities

D

Large scale state or regional transportation facilities

E

Prisons, jails and other correctional facilities

F

Solid waste handling facilities

G

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

H

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

I

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

J

Emergency communication towers and antennas

K

Secure community transition facilities

L

Other facilities designated by the Washington State Office of Financial Management as essential public facilities

(Amended during 2011 reformat; 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)