Chapter 18.05
VILLAGES AND CENTERS

18.05.000    Chapter Contents

Sections:

18.05.020    Purposes.

18.05.040    Permitted, conditional, required, and prohibited uses.

18.05.050    General standards.

18.05.060    Use standards.

18.05.080    Development standards.

18.05.100    Additional regulations.

18.05.120    Briggs Village.

18.05.140    Woodbury Crossing Village.

18.05.160    Bentridge Village.

18.05.170    Village at Mill Pond.

(Ord. 6773 §5, 2011; Ord. 6700 §4, 2010; Ord. 6655 §3, 2009; Ord. 6299 §4, 2003).

18.05.020 Purposes

A.    Urban Village (UV) and Neighborhood Village (NV) Districts. The purposes of the Urban Village and Neighborhood Village Districts are as follows:

1.    To enable development of integrated, mixed use communities, containing a variety of housing types arranged around a village center, which provide a pleasant living, shopping, and working environment; a sense of community; and a balance of compatible retail, office, residential, recreational, and public uses. [NOTE: Urban villages and neighborhood villages are very similar, except for the size and service area of their commercial component. Urban villages contain a larger and more diverse commercial component intended to serve multiple neighborhoods while the commercial uses in neighborhood villages are scaled to serve the immediate neighborhood.

2.    To enable a land use pattern which will reduce dependence on auto use, especially drive-alone vehicle use during morning and evening commute hours.

3.    To enable the design of new development in a manner which will ensure the safe and efficient movement of goods and people.

4.    To require direct, convenient pedestrian, bicycle, and vehicular access between residences in the development and the village center, in order to facilitate pedestrian and bicycle travel and reduce the number and length of automobile trips.

5.    To require sufficient housing density to enable cost-effective extension of utilities, services, and streets; frequent transit service; and to help sustain neighborhood businesses.

6.    To enable many of the community’s residents to live within one-fourth (¼) mile of a grocery store and transit stop.

7.    To ensure that the villages are arranged, scaled, and designed to be compatible with surrounding land uses and provide sensitive transitions between significantly different land uses (e.g., commercial and residential uses).

8.    To ensure that buildings and other development components are arranged, designed, and oriented to facilitate pedestrian access.

9.    To allow innovative site and building designs while providing for harmony and continuity throughout the development (e.g., coordinated architectural styles, street trees, lighting, signage, and benches).

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

11.    To provide for appropriately located community open spaces for informal social activity, recreation, and aesthetic enhancement of the development.

B.    Neighborhood Center (NC) District. The purposes of the Neighborhood Center District are as follows:

1.    To enable development of neighborhood centers (e.g., containing neighborhood oriented businesses and a small park) in established neighborhoods in order to create neighborhood focal points and activity centers, accommodate routine shopping needs, and provide a sense of neighborhood identity.

2.    To enable a land use pattern which will reduce dependence on auto use, especially drive-alone vehicle use during morning and evening commute hours.

3.    To enable many of the community’s residents to live within one-fourth (¼) mile of a grocery store and transit stop.

4.    To enable the design of new development in a manner which will ensure the safe and efficient movement of goods and people.

5.    To provide for convenient pedestrian and vehicular access between the center and the surrounding neighborhood.

6.    To ensure that neighborhood centers are compatible with adjoining uses and do not undermine the economic viability of existing or designated neighborhood centers, village centers, or other neighborhood businesses.

7.    To ensure that buildings and other site features are arranged, designed, and oriented to facilitate pedestrian access and access for transit.

C.    Community Oriented Shopping Center (COSC) District. [NOTE: Community oriented shopping centers are similar to urban villages in that they have a substantial commercial component which serves multiple neighborhoods. However, they are located on smaller sites which do not allow full-scale village development.] The purposes of the Community Oriented Shopping Center District are as follows:

1.    To enable development of mixed commercial and residential projects on sites along arterial streets which are conveniently located to serve the surrounding neighborhood (e.g., within a one and one-half (11/2) mile radius) with frequently needed consumer goods and services.

2.    To enable a land use pattern which will reduce dependence on auto use, especially drive-alone vehicle use during morning and evening commute hours.

3.    To provide for development of integrated, mixed use communities rather than strip commercial development that is isolated from the surrounding neighborhood.

4.    To enable many of the community’s residents to live within one-fourth (¼) mile of a grocery store and transit stop.

5.    To enable the design of new development in a manner which will ensure the safe and efficient movement of goods and people.

6.    To link the commercial center with residential areas in and around the project, thereby enabling people to walk or bicycle to work, shopping, and recreation areas.

7.    To ensure that buildings and other site features are arranged, designed, and oriented to facilitate pedestrian access.

8.    To ensure that the development is arranged, scaled, and designed to be compatible with surrounding land uses and to provide sensitive transitions between significantly different land uses (e.g., commercial and residential uses).

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

(Ord. 6517 §13, 2007; Ord. 5661 §4, 1996; Ord. 5517 §1, 1995; Ord. 5539 §3, 1995).

18.05.040 TABLES: Permitted, Conditional and Required Uses

TABLE 5.01

PERMITTED, CONDITIONAL AND REQUIRED USES

DISTRICT

Neighborhood Center

Neighborhood Village

Urban Village

Community Oriented Shopping Center

APPLICABLE REGULATIONS

District-Wide Regulations

18.05.050

1. RESIDENTIAL USES

Accessory Dwelling Units

P

P

P

P

18.04.060(A)

Apartments

C

R

R

R

18.05.060(D), 18.05.050(E)

Boarding Homes

C

P

P

P

Congregate Care Facilities

P

P

P

18.05.050(E)(1)(c)(i)

Cottage Housing

P

P

P

18.05.060(D), 18.04.060(H)

Duplexes

P

P

P

18.05.060(D)

Group Homes with 6 or Fewer Clients

P

P

P

18.04.060(K), 18.04.060(W)

Group Homes with 7 or More Clients

C

C

C

18.04.060(K), 18.04.060(W)

Manufactured Homes

P

P

P

P

18.04.060(O)

Nursing/Convalescent Homes

P

P

P

18.04.060(S)

Residences Above Commercial Uses

P

P

P

P

Single-Family Residences

P

R

R

R

18.05.060(D)

Single Room Occupancy Units

Townhouses

P

P

P

P

18.05.060(D), 18.64

2. OFFICES

Banks

P

P

P

P

18.05.060(A)

Offices - Business

P

P

P

P

Offices - Government

P

P

P

P

Offices - Medical

P

P

P

P

Veterinary Offices and Clinics

C

C

C

C

3. RETAIL SALES

Apparel and Accessory Stores

P

P

P

P

Building Materials, Garden Supplies, and Farm Supplies

P

P

P

P

Sites within high density corridors, see 18.17.020 (B)

Food Stores

R

R

P

P

Furniture, Home Furnishings, and Appliances

Sites within high density corridors, see 18.17.020 (B)

General Merchandise Stores

P

P

P

P

Grocery Stores

P

P

R

R

18.05.060(C)

Office Supplies and Equipment

Pharmacies and Medical Supply Stores

P

P

P

P

Restaurants, Without Drive-In or Drive-Through Service

P

P

P

P

Specialty Stores

P

P

P

P

4. SERVICES

Health Fitness Centers and Dance Studios

P

P

P

P

Hotels/Motels

Laundry and Laundry Pick-up Agency

P

P

P

P

Personal Services

P

P

P

P

Printing, Commercial

P

P

Radio/TV Studios

Recycling Facility - Type I

P

P

P

P

Servicing of Personal Apparel and Equipment

P

P

P

P

5. ACCESSORY USES

Accessory Structures

P

P

P

P

18.04.060(B)

Electric Vehicle Infrastructure

P

P

P

P

18.04.060(GG)

Garage/Yard/Rummage or Other Outdoor Sales

P

P

P

P

5.24

Satellite Earth Stations

P

P

P

P

18.44.100

Residences Rented for Social Event, 7 times or more per year

C

C

C

C

18.04.060.DD

6. RECREATIONAL USES

Auditoriums and Places of Assembly

Art Galleries

Commercial Recreation

Community Gardens

P

P

P

P

Community Parks & Playgrounds

P/C

P/C

P/C

P/C

18.04.060(T)

Health Fitness Centers and Dance Studios

Libraries

Museums

Neighborhood Parks/Village Green/Plaza

R

R

R

R

18.04.060(T), 18.05.080(N)

Open Space - Public

P

P

P

P

18.04.060(T)

Theaters (no Drive-Ins)

Trails - Public

P

P

P

P

18.04.060(T)

7. TEMPORARY USES

Emergency Housing

P

P

P

P

Mobile Vendors

P

P

Model Homes

P

P

P

P

Parking Lot Sales

P

P

18.06.060(Z)

8. OTHER USES

Agricultural Uses, Existing

P

P

P

P

Animals/Pets

P

P

P

P

18.04.060(C)

Child Day Care Centers

P

P

R

P

18.05.060(B), 18.04.060(D)

Community Clubhouses

P

P

P

P

Conference Centers

Crisis Intervention

C

C

C

C

18.04.060(I)

Fraternal Organizations

Home Occupations (including adult day care, bed and breakfast houses, elder care homes, and family child care homes)

P

P

P

P

18.04.060(L)

Hospice Care

C

C

C

C

18.04.060(M)

Non-Profit Physical Education Facilities

C

C

C

C

Places of Worship

C

C

C

C

18.04.060(U)

Public Facilities

C

C

C

C

18.04.060(V)

Radio, Television, and other Communication Towers & Antennas

C

C

C

C

18.04.060(W), 18.44.100

Schools

C

C

C

C

18.04.060(DD)

Sheltered Transit Stops

R

R

R

R

18.05.050(C)(4)

Utility Facilities

P/C

P/C

P/C

P/C

18.04.060(X)

Wireless Communications Facilities

P/C

P/C

P/C

P/C

18.44

LEGEND

P = Permitted

C = Conditional

R = Required

(Ord. 6759 §4, 2011; Ord. 6592 §4, 2008; Ord. 6581 §3, 2008; Ord. 6517 §14, 2007).

18.05.040 Permitted, conditional, required and prohibited uses

A.    PERMITTED, CONDITIONAL AND REQUIRED USES.

Table 5.01 identifies the land uses and activities which are permitted outright (P), subject to a conditional use permit (C), or required (R) in the Urban Village, Neighborhood Village, Neighborhood Center, and Community Oriented Shopping Center districts. The applicable requirements for these uses and activities are identified by a number referencing the list of regulations under Section 18.05.050 General Standards, Section 18.05.060 Use Standards, or other sections of the Unified Development Code. Numbers listed under the heading Applicable Regulations apply to the corresponding land use in all of the districts. Regulations that pertain only to a specific use in a specific district are identified by a number in the space corresponding to that use and district.

B.    PROHIBITED AND UNSPECIFIED USES.

Land uses which are not listed in Table 5.01 as permitted, conditional, or required uses are prohibited, unless they are authorized by the Director consistent with Section 18.02.080, Interpretations. In no event, however, shall the following uses be permitted:

1.    Automobile-oriented uses which primarily cater to customers in their vehicles or rarely provide consumer goods or services to pedestrians. This includes drive-in and drive-through businesses

(except drive-through banks as provided in Section 18.05.060(A) herein), motor vehicle sales, and car washes.

2.    Adult oriented businesses (see Section 18.02.180, Definitions).

3.    Mobile homes. Mobile homes are prohibited except for emergency housing and contractor’s offices consistent with Section 18.04.060(EE). (See Section 18.02.180, Definitions.)

4.    Habitation of recreational vehicles/trailer houses. (See Section 18.02.180, Definitions.)

5.    Sale of firearms.

6.    Pawnshops.

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

8.    Parking provided accessory to a use located outside the City of Olympia.

9.    Secure community transition facilities.

(Ord. 6517 §14, 2007; Ord. 6395 §26, 2006; Ord. 6210 §4, 2002; Ord. 5971 §20, 1999; Ord. 5830 §58, 1998; Ord. 5661 §4, 1996; Ord. 5595 §17, 1996; Ord. 5517 §1, 1995)

18.05.050 General standards

A.    Project Approval or Redesignation.

1.    Approval. Developments in the Neighborhood Center, Neighborhood Village, Urban Village, and Community Oriented Shopping Center districts shall be reviewed according to the requirements of Chapter 18.57, Master Planned Developments.

2.    Rezoning. Land in a NC, NV, UV, COSC, or district may be rezoned to a residential district (see Chapter 18.58, Rezones and Text Amendments) upon demonstration that the site is not viable for the designated uses due to site conditions, infrastructure or street capacity or--in the case of multiple ownerships--land assembly problems.

3.    Interim Uses. The following requirements shall apply prior to approval of a Master Planned Development pursuant to Chapter 18.57, Master Planned Developments:

a.    Subdivision shall not be allowed prior to Master Plan approval.

b.    One single-family home is allowed per existing lot of record prior to approval of a Master Plan.

c.    Construction of utilities, roads, and other public infrastructure which is in conjunction with neighboring or abutting projects is allowed prior to Master Plan approval.

4.    Pre-existing uses.

a.    Any use which was legally constructed prior to August 21, 1995, but which is not a permitted or conditional use under this Chapter, is allowed to continue under the zoning requirements in effect for that use prior to August 21, 1995, (e.g., as a permitted use, conditional use, limited use, special use, non-conforming use, or any other such zoning status, as may be applicable).

b.    Any such zoning requirements applicable to said use (e.g., conditions attached to a conditional use permit), which were in effect on August 21, 1995, shall remain in effect for said use until such time as it is discontinued.

B.    Project Size.

1.    Villages. Urban villages and neighborhood villages shall be no less than 40 acres and no more than 200 acres in size, provided that at least 90 percent of all residences shall be within one-fourth of a mile of the perimeter of the village center. The perimeter of the village center means the boundary of the center identified on an approved Master Plan, consistent with Section 18.05.050(D)(2), Commercial Building--Location.

2.    Neighborhood Centers. Neighborhood center developments shall be no less than two acres and no more than ten acres in size.

3.    Community Oriented Shopping Centers. Community oriented shopping center developments shall be no less than seventeen (17) acres and no more than 40 acres in size.

C.    Village Center.

1.    Required Center. Each village and each neighborhood center shall contain a village center with a village green or park (see Section 18.05.080(N), Private and Common Open Space), a sheltered transit stop and, as market conditions permit, businesses, services, and civic uses listed in Table 5.01. (See also Section 18.05.050(D)(2) Commercial Building--Location, and Chapter 18.05A, Design Guidelines for Villages and Centers.)

Village Center

FIGURE 5-1

2.    Mixed Use. At least ten percent of the gross floor area of village centers in villages and community oriented shopping centers shall be occupied by residential units contained in mixed residential/commercial buildings. Exceptions to this requirement shall be granted if the applicant demonstrates that compliance is not economically feasible (based upon an independent market study accepted by the City).

3.    Buildings Fronting on a Village or Center Green. At least sixty (60) percent of the total ground floor street frontage of the non-residential buildings fronting on a village or center green, park, or plaza shall be occupied by retail uses or professional or personal services. (Also see Section 18.05.080(M)(1) Height--Buildings Fronting on Village/Center Greens.)

4.    Transit Stop. The sheltered transit stop required in 18.05.050(C)(1), Required Center, shall be located and designed in accordance with specifications provided by the City and approved by Intercity Transit.

5.    Village Green or Plaza. The required village green or plaza shall be constructed before more than fifty (50) percent of the commercial space is under construction.

6.    Location.

a.    Separation.

i.    Neighborhood village centers and neighborhood centers shall be separated from one another and from urban villages and community oriented shopping centers by at least one half mile.

ii.    Urban village centers and community oriented shopping centers shall be separated from one another by at least one mile.

iii.    The Hearing Examiner may allow closer spacing if the applicant demonstrates that the trade areas for the centers are distinct (e.g., segregated by physical barriers) or contain sufficient population (based on existing or planned density) to enable the affected centers to be economically viable.

b.    Relationship to major streets.

i.    Centers in established neighborhoods and neighborhood villages shall be located along collector streets to make them readily accessible for mass transit and motorists and to enable them to be a neighborhood focal point.

ii.    Urban villages and community oriented shopping centers shall be located on sites abutting an arterial street. Such sites must have potential for accommodating moderate density residential development (e.g., 7 to 13 or 14 units per acre for COSC or UV districts respectively) and commercial uses scaled to serve households within a one and one-half (11/2) mile radius with frequently needed consumer goods and services.

D.    Commercial Building Size, Location, and Type.

1.    Size. The total gross floor area of all commercial uses (i.e., those uses specified in Table 5.01 under the general categories "Offices," "Retail Sales," and "Services") in urban villages, neighborhood villages, neighborhood centers, community oriented shopping centers shall not exceed the maximum amounts specified in Table 5.02.

TABLE 5.02

AMOUNT OF COMMERCIAL SPACE

DISTRICT

Neighborhood Center

Neighborhood Village

Urban Village

Community Oriented Shopping Center

Urban Center

Minimum or Maximum Total Amount of Commercial Floor Space

30,000 sq. ft.

30,000 sq. ft.

225,000 sq. ft., OR 175,000 sq. ft. if the village does not contain a grocery store of at least 35,000 sq. ft.

100,000 sq. ft.

No Maximum

Minimum or Maximum Retail Floor Space

5,000 sq. ft. OR up to 20,000 sq. ft., at a rate of 25 sq. ft. per existing or authorized residential dwelling or residential lot within 1/4 mile

5,000 sq. ft. OR up to 20,000 sq. ft., at a rate of 25 sq. ft. per authorized residential dwelling or residential lot in the development

75 sq. ft. per authorized residential dwelling or residential lot in the development, exclusive of a grocery store.

At least 50% of total floor space shall be for retail uses, but not more than 70% of total floor space.

At least 30% of the total floor space shall be for retail uses, but not more than 70% of the total floor space.

Minimum or Maximum Combined Office & Services Floor Space

5,000 sq. ft. OR up to 20,000 sq. ft., at a rate of 25 sq. ft. per existing or authorized residential dwelling or residential lot within 1/4 mile

5,000 sq. ft. OR up to 20,000 sq. ft., at a rate of 25 sq. ft. per existing or authorized residential dwelling or residential lot within 1/4 mile

200 sq. ft. per authorized residential dwelling or residential lot in the development.

At least 30% of the total floor space shall be for office or service uses, but not more than 50% of the total floor space.

At least 30% of the total floor space shall be for office or service uses, but not more than 70% of the total floor space.

2.    Location.

a.    Commercial uses in urban villages, neighborhood villages, neighborhood centers, and community oriented shopping centers shall meet the following location requirements. Commercial uses in urban centers shall be exempt from these requirements. (Staff note: these requirements have to do with placing all commercial uses within a block or so of the village green in villages and neighborhood centers. In an urban center, this would be impractical.)

b.    Commercial uses shall be contiguous with or across a street from the village or center green/park.

c.    Commercial uses shall not extend more than one block or 350 feet, whichever is less, from the perimeter of the village green or park in neighborhood villages and neighborhood centers.

d.    Commercial uses shall not extend more than three blocks or 1,100 feet, whichever is less, from the perimeter of the village green or park in urban villages and community oriented shopping centers.

e.    In an urban village or community oriented shopping center, the Hearing Examiner may allow buildings comprising up to 20 percent of the authorized commercial floor area to extend up to four blocks or 1,500 feet from the perimeter of the village green under the following conditions:

i.    The site’s configuration or physical constraints (e.g., critical areas or steep topography) necessitate the location of commercial uses beyond the three block limit; or

ii.    The proposed location of commercial uses would improve the project design, for example, by enhancing the aesthetic quality of the development (e.g., allowing buildings to screen parking lots from public rights-of-way), by increasing pedestrian accessibility, by allowing shared use of parking lots, or by allowing better integration of uses.

E.    Mix and Location of Residential Uses.

1.    Mix of Dwelling Types--General. Developments in the Urban Village, Neighborhood Village, and Community Oriented Shopping Center districts must attain a mix of residential uses consistent with Tables 5.03A and 5.03B. Table 5.03A addresses the relationship between single-family and multifamily dwellings in general. Table 5.03B addresses the requirement for a variety of multifamily housing types, based on overall size of the project.

a.    For purposes of meeting the required mix as shown in Table 5.03A, Single Family and Similar Dwelling Types shall include:

i.    Single-family detached residences, including designated manufactured homes

ii.    Group homes with six (6) or fewer clients

iii.    Single family residences above commercial uses (e.g., a single residence above a convenience store)

iv.    Townhouses

v.    Cottage housing

b.    For purposes of meeting the required mix as shown in Table 5.03A, Multifamily and Similar Dwelling Types shall include:

i.    Apartments with five (5) or more units per structure

ii.    Boarding homes

iii.    Duplexes, triplexes, and fourplexes

iv.    Group homes with seven (7) or more clients

v.    Multifamily residences above commercial uses (e.g., multiple apartments above retail or office uses)

c.    Other residences.

i.    For purposes of meeting the required mix as shown in Table 5.03A, the following uses are classified as "other" (i.e., neither "single-family and similar", nor "multifamily and similar"):

(a)    Accessory dwelling units

(b)    Nursing/convalescent homes and congregate care facilities

(c)    Multifamily units in an urban village on the blocks contiguous to the town square.

ii.    Such "other" uses are not counted in determining the required proportions of single-family and multifamily dwellings in Table 5.03A. However, such uses shall be counted in the calculation of total dwellings for purposes of Sections 18.05.080(B) Maximum Housing Densities and 18.05.080(C) Minimum Housing Densities, in the manner provided in those sections.

TABLE 5.03A

MIX OF HOUSING TYPES

MIX OF HOUSING TYPES

Neighborhood Village

Urban Village

Community Oriented Shopping Center

Single Family and Similar Dwelling Types

Minimum percentage of total housing units

60%

50%

50%

Maximum percentage of total housing units

75%

75%

75%

Multifamily and Similar Dwelling Types

Minimum percentage of total housing units

25%

25%

25%

Maximum percentage of total housing units

40%

50%

50%

2.    Mix of Dwelling Types--Requirement for Variety.

a.    Urban villages, neighborhood villages, and community oriented shopping centers shall achieve a variety of dwelling unit types as specified in Table 5.03B.

b.    For purposes of meeting the requirements of Table 5.03B, dwellings shall include the following four types:

i.    Single-family detached dwellings (including manufactured housing);

ii.    Townhouses;

iii.    Duplexes; and

iv.    Triplexes, fourplexes, and apartment structures with five (5) or more units per structure.

TABLE 5.03B

REQUIRED VARIETY OF DWELLING UNIT TYPES IN NV, UV, AND COSC

Number of Dwellings in Project

Minimum Number of Dwelling Types

Minimum Percent of Any Dwelling Type used in the Project (See also Table 5.03A)

1-70

2

25%

71-299

3

10%

300+

4

5%

c.    Once the requirements of Table 5.03B have been met, other housing types--whether or not specified in Section 18.05.050(E)(2)(b) above--may be developed in any proportions within the requirements of Table 5.03A.

Example: Assume a neighborhood village with 400 dwelling units. According to Table 5.03A, at least 240 units (60% of the 400 total), and not more than 300 units (75%) must be single-family and similar dwelling types. At least 100 units (25%), and not more than 160 units (40%) must be multifamily and similar dwelling types.

According to Table 5.03B, the project must include four of the specified dwelling types. The developer chooses to build 240 single-family detached dwellings, meeting the requirement of 60% set in Table 5.03A. The developer also chooses to build 40 townhouse units (10% of the 400 total), 20 duplex units (5%--i.e., the minimum), and 80 units (20%) in triplexes, fourplexes, and apartment structures with five or more units. For the final five percent, the developer chooses to build 20 units of cottage housing, an optional housing type not required in Section 18.05.050(E)(2)(b) above.

3.    Intensity of Development. The density of residential uses shall be highest around the village/community center and lowest adjacent to existing neighborhoods.

F.    Development Phasing.

1.    Intent. It is the intent of this Section on development phasing to achieve a mix of land uses throughout the buildout of villages and centers; to allow sufficient flexibility to enable development of viable commercial centers; and to ensure that the residential development of villages and centers is as vigorously pursued as the commercial development. For purposes of meeting the requirements of this Section on development phasing, the following terms shall be interpreted as follows:

a.    "Completion of development" shall mean:

i.    final plat approval in the case of lots for individual single family, townhouse, or duplex dwellings (i.e., one main building per lot), and

ii.    passage of final inspection for all other residential and commercial development.

b.    Percentages of authorized development refer to:

i.    percentage of authorized dwelling units for residential development, and

ii.    percentage of authorized gross floor area for commercial development.

2.    Commercial and residential. In villages and community oriented shopping centers, residential development shall be phased to precede commercial development as follows:

a.    At least five percent of the total authorized residential development must be completed before the first commercial development may take place; whereupon approval may be granted for construction of commercial buildings comprising up to ten percent of the authorized commercial floor area.

b.    Upon completion of 15 percent of the total authorized residential development, approval may be granted for construction of buildings comprising up to 40 percent of the authorized commercial floor space.

c.    When 30 percent of the total authorized residential development has been completed, approval may be granted for construction of the remaining authorized commercial floor space.

3.    Multifamily and single family phasing. In villages and community oriented shopping centers, multifamily development shall be phased relative to detached single family development as follows:

a.    At least 15 percent of the total authorized detached single family development must be completed before the first multifamily development may take place; whereupon approval may be granted for construction of up to 40 percent of the authorized multifamily units.

b.    Thereafter, approval may be granted for construction of an additional one percent of the authorized multifamily units for every additional one percent of the authorized single family development completed.

Examples:

16 percent of the single family development; 41 percent of the multifamily development

25 percent of the single family development; 50 percent of the multifamily development

50 percent of the single family development; 75 percent of the multifamily development

4.    Child Day Care Center. If a child day care center is a required use, a site shall be provided once 75% of the residences have been constructed.

(Ord. 6581 §4, 2008; Ord. 6517 §15, 2007; Ord. 5971 §16, 1999; Ord. 5830 §54, 1998; Ord. 5714 §9, 10, 1997; Ord. 5661 §4, 1996; Ord. 5569 §3, 8, 10, 15, 1995; Ord. 5517 §1, 1995).

18.05.060 Use standards

A.    Banks.

1.    Banks with drive-through facilities shall be limited to one drive-through lane.

2.    Driveway access for the drive-through lane shall not be allowed on streets abutting a village green or park in a village center.

B.    Child Day Care Centers. A site for a child day care center is required in urban villages.

C.    Grocery Stores. Urban Village (UV) and Community Oriented Shopping Center (COSC) District requirements: The maximum size for a grocery store shall be 50,000 square feet of gross floor area.

(Ord. 5517 §1, 1995).

18.05.080 TABLES: Commercial Development Standards

TABLE 5.04

COMMERCIAL DEVELOPMENT STANDARDS (including mixed commercial/residential buildings)

DISTRICT

Neighborhood Center

Neighborhood Village

Urban Village

Community Oriented Shopping Center

OTHER STANDARDS

MINIMUM LOT SIZE

5,000 sq. ft.

5,000 sq. ft.

None.

None.

FRONT YARD SETBACK

10’ maximum

10’ maximum

10’ maximum

10’ maximum

1. 50’ minimum setback for agriculture buildings (or structures) which house animals other than pets.

2. Section 18.40.060(C), clear sight triangle requirements.

3. 18.05.080(I)(1)

4. 18.05.080(K)

5. 18.05.080(L)

MINIMUM REAR YARD SETBACK

(Note: One use shall not be considered next to another use or district if a street or road intervenes.)

None, EXCEPT:

1. 15’ minimum + 5’ for each building floor above 2 stories next to an R-4, R 4-8, or R 6-12 district, or a single family dwelling, duplex, manufactured home, or townhouse.

2. 10’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 15’ minimum + 5’ for each building floor above 2 stories next to an R-4, R 4-8, or R 6-12 district, or a single family dwelling, duplex, manufactured home, or townhouse.

2. 10’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 20’ minimum + 5’ for each building floor above 2 stories next to an R-4, R 4-8, or R 6-12 district, or a single family dwelling, duplex or townhouse.

2. 15’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 20’ minimum + 5’ for each building floor above 2 stories next to an R-4, R 4-8, or R 6-12 district, or a single family dwelling, duplex or townhouse.

2. 15’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

1. 50’ minimum setback for agriculture buildings (or structures) which house animals other than pets.

2. 18.05.080(K)

3. 18.05.080(L)

MINIMUM SIDE YARD SETBACK

(Note: One use shall not be considered next to another use or district if a street or road intervenes.)

None, EXCEPT:

1. 10’ maximum on flanking street;

2. 15’ minimum + 5’ for each building above 2 stories next to R-4, R 4-8, or R 6-12 district, or a single family, duplex, manufactured home, or townhouse.

3. 10’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 10’ maximum on flanking street;

2. 15’ minimum + 5’ for each building floor above 2 stories next to R-4, R 4-8, or R 6-12 district, or a single family, duplex, manufactured home, or townhouse.

3. 10’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 10’ maximum on flanking streets;

2. 20’ minimum + 5’ for each building floor above 2 stories next to R-4, R 4-8, or R 6-12 district, or a single family, duplex, manufactured home, or townhouse.

3. 15’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

None, EXCEPT:

1. 10’ maximum on flanking street;

2. 20’ minimum + 5’ for each building floor above 2 stories next to R-4, R 4-8, or R 6-12 district, or a single family, duplex, manufactured home, or townhouse.

3. 15’ minimum + 5’ for each building floor above 2 stories next to other residential district or a multifamily.

1. 50’ minimum setback for agriculture buildings (or structures) which house animals other than pets.

2. Section 18.40.060(C), clear sight triangle requirements.

3. 18.05.080(K)

4. 18.05.080(L)

MAXIMUM BUILDING HEIGHT

30 feet for commercial structures; or

45 feet for residential or mixed-use structures.

30 feet for commercial structures; or

45 feet for residential or mixed-use structures;

EXCEPT: 35 feet within 100 ft. of R-4, R 4-8, or R 6-12 district.

45 feet;

EXCEPT: 35 feet within 100 ft. of R-4, R 4-8, or R 6-12 district.

3 stories, up to 45 feet;

EXCEPT: 35 feet within 100 ft. of R-4, R 4-8, or R 6-12 district.

18.05.080(M)

MAXIMUM ABOVE-GRADE STORIES

2 stories

3 stories

2 stories

3 stories

EXCEPT: 2 stories within 100 ft. of R-4, R-4-8, or R 6-12 district.

3 stories

EXCEPT: 2 stories within 100 ft. of R-4, R-4-8, or R 6-12 district.

3 stories

EXCEPT: 2 stories within 100 ft. of R-4, R-4-8, or R 6-12 district.

18.05.080(M)(10)

MAXIMUM BUSINESS OCCUPANCY SIZE (GROSS FLOOR AREA)

5,000 sq. ft.

5,000 sq. ft.

15,000 sq. ft., EXCEPT: one grocery store may be up to 50,000 sq. ft.

15,000 sq. ft., EXCEPT: one building may be 50,000 sq. ft.

Residential floor area in a mixed-use building shall not be counted in determining the maximum building size.

MAXIMUM BUILDING COVERAGE

70%

70%

70%; or

85% if at least 50% of the required parking is under the building or in a structure.

70%; or

85% if at least 50% of the required parking is under the building or in a structure.

MAXIMUM IMPERVIOUS SURFACE COVERAGE

85%

85%

85%

85%

ADDITIONAL DISTRICT-WIDE DEVELOPMENT STANDARDS

For retail uses over 25,000 sq ft in gross floor area, see also 18.06.100 (G)

For retail uses over 25,000 sq ft in gross floor area, see also 18.06.100 (G)

(Ord. 6517 §16, 2007).

18.05.080 Development standards

A.    General. Table 5.04 identifies the basic standards for commercial development (i.e., offices, retail sales, and services uses identified in Table 5.01) in the NC, NV, UV, COSC and districts. Table 5.05 identifies the basic development standards for residential uses in these districts. The reference numbers listed in these tables refer to the list of additional development standards below.

B.    Maximum Housing Densities.

1.    Calculation of Maximum Density. The maximum densities and average maximum densities specified in Table 5.05 are based on the entire site, with the following limitations:

a.    The area within streams, wetlands, landslide hazard areas, "important habitat areas," and "important riparian areas" shall not be counted.

b.    The area of the required minimum open space for the village or center (see Table 5.05) shall not be counted.

c.    The following requirements shall apply to all villages and centers:

i.    The density of a village center (as delineated in a master plan approved pursuant to Chapter 18.57, Master Planned Developments) and the density of the remainder of the project shall be calculated separately from one another.

ii.    The village center and the remainder of the project shall each comply with the maximum average density requirements in Table 5.05.

2.    Maximum Densities. The maximum housing densities shown in the top row of Table 5.05 refer to the maximum density of individual project components. The housing density for the overall project, however (i.e., all of the property subject to an approved Master Plan), shall not exceed the maximum average density for the district specified in the second row of Table 5.05. For example, a neighborhood village may contain an apartment complex with 24 dwelling units per acre provided that the average density for the entire development does not exceed 13 units per acre.

3.    Convalescent Homes. Convalescent homes and nursing homes containing dwelling units which rely on shared cooking/dining facilities shall count as one dwelling unit for purposes of the maximum density calculation. Independent dwelling units (i.e., containing a bed, bathroom and a kitchen with a sink, stove, and refrigerator) in such facilities, however, shall be counted as individual housing units in the density calculation. The site containing a nursing/convalescent home depending on shared kitchen facilities shall be deducted from the land available for residential development when calculating the maximum density for the village or center. (The excess density shall not be transferred to other portions of the site.)

4.    Accessory Dwelling Units. Accessory dwelling units built subsequent to the initial sale of the primary residence on a lot are not subject to the maximum density limits specified in Table 5.05. In addition, accessory units built on a maximum of 20 percent of a development’s lots are not subject to the maximum density requirements, provided they are built prior to the time the primary unit on the lot is initially sold or receives occupancy approval (if built by the owner).

5.    Density Bonuses. The maximum housing densities identified in Table 5.05 may be increased as follows:

a.    Bonus for restoring degraded sites.

i.    At the request of the applicant, the Hearing Examiner may grant a density bonus of up to 20 percent for sites on which damaged or degraded wetlands or stream corridors (e.g., streams and stream banks within the outer limits of the buffer required by OMC 18.32.435) will be restored and maintained according to specifications approved by the City.

ii.    Sites proposed for this density bonus shall be posted with a notice describing the proposal and opportunities to comment. Property owners within 300 feet of the site shall be given notice of the proposal and 15 days to comment. Such notice may be done concurrently with any other notice required by this Code.

iii.    Prior to taking action on a request for a density bonus, the Hearing Examiner shall consider:

(a)    the applicable Comprehensive Plan policies,

(b)    the public’s comments,

(c)    the expected public benefit that would be derived from such restoration,

(d)    the net effect of the restoration and the increased density on the site,

(e)    the relative cost of the restoration and the value of the increased density, and

(f)    the potential impact of increased density on surrounding land uses, traffic, infrastructure, schools, and parks.

iv.    The City may require the developer to provide an estimate of the cost of the proposed restoration and other information as necessary to make a decision on the request.

b.    Bonus for low income housing.

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

ii.    The applicant shall submit to the Department a document approved by the City Attorney stating that the low income housing which is the basis for the density bonus shall remain as part of the development for at least 20 years. This time period shall begin on the date that final inspection of all of the low income housing has been performed. This document shall be recorded, at the applicant’s expense, at the Thurston County Auditor’s Office as part of the chain of title of the affected parcels.

C.    Minimum Housing Densities.

1.    Calculation of Minimum Density. The minimum average densities specified in Table 5.05 are based on the entire site, with the following limitations: [Note: Table 5.05 in Section 18.05]

a.    The entire site shall be included in the minimum density calculation except streams, wetlands, landslide hazard areas, floodplains, "important habitat areas," and "important riparian areas" and their associated buffers; tracts accommodating stormwater facilities required in compliance with the Drainage Design Manual; existing, opened street rights-of-way; and land to be sold or dedicated to the public, other than street rights-of-way (e.g., school sites and parks, but not street rights-of-way to be dedicated as part of the proposed development).

b.    All dwelling units in convalescent homes/nursing homes and accessory units count toward the minimum density required for the site by Table 5.05, in the same manner as provided above in Section 18.05.080(B)(3) Maximum Housing Densities -- Convalescent Homes and 18.05.080(B)(4) Maximum Housing Densities -- Accessory Dwelling Units.

c.    The following requirements shall apply to all villages and centers:

i.    The minimum residential density of a village center and that of the remainder of a village or center shall be calculated separately from one another.

ii.    There shall be no minimum density requirement for a village center other than the requirement for mixed use buildings specified in Section 18.05.050(C)(2) Village/Community Center--Mixed Use above. The procedures for calculating the required number of units are as provided in Sections 18.05.080(3)(1)(a), (2), and (3) above.

iii.    The remainder of a village shall comply with the minimum density requirements in Table 5.05.

2.    Average Density. A housing project may contain a variety of housing densities provided that the average density for the entire development (i.e., all of the property subject to a single Master Planned Development approval) is neither less than the minimum density nor more than the maximum density established for the district in Table 5.05. No part of the development, however, may exceed the maximum density established in row one of Table 5.05 (see Section 18.05.080(B)(2) Maximum Densities).

3.    Density Allowance for Site Constraints. At the request of the applicant, the Director or Hearing Examiner may reduce the minimum density required in Table 5.05, to the extent s/he deems warranted, in order to accommodate site constraints which make development at the required minimum density impractical or inconsistent with the purposes of this Article (e.g., poor soil drainage, the presence of springs, steep topography (e.g., over 20 percent), rock outcrops, or wellhead protection areas). As a condition of granting a density reduction, the applicant must demonstrate that the minimum density cannot be achieved by clustering the housing on the buildable portions of the site (see Section 18.05.080(F) Clustered Housing).

4.    Density Allowance for Natural Features/Habitat Protection. At the request of the applicant, the Director may reduce the minimum densities to the extent necessary to accommodate trees to be retained consistent with Chapter 16.60, Tree Protection and Replacement. (Also see Section 18.05.080(F)(1), Mandatory Clustering.) At the request of the applicant, the Director may also authorize a reduction in the minimum density requirements in order to enable retention of Significant Wildlife Habitat identified on Map 2-4 in the Comprehensive Plan.

D.    Minimum Lot Size.

1.    Nonresidential Uses. The minimum lot size for non-residential uses (e.g., churches and schools) may be larger than the minimum lot size identified in Tables 5.04 and 5.05. Refer to Table 4.01 Permitted and Conditional Uses in Residential Districts, and Section 18.04.060 Residential Districts Use Standards for regulations pertaining to non-residential uses in residential areas. Also see Section 18.04.060(K) Group Homes for the lot size requirements for group homes.

2.    Clustered Lots. Lot sizes may be reduced by up to 20 percent consistent with Section 18.05.080(F), Clustered Housing.

E.    Transitional Lots.

1.    Lot Size. The square footage and width of those residential lots in developments located in the NC, NV, UV, COSC, and districts, which immediately abut an R-4, R 4-8 or R 6-12 district, shall be no less than 85 percent of the minimum lot size and width required in the adjoining lower density district.

2.    Setbacks. The minimum rear yard building setback for lots in the NC, NV, UV, and COSC and districts which share a rear property line with a parcel in an R-4, R 4-8, or R 6-12 district shall be the same as the setback required for the adjoining lower density district.

F.    Clustered Housing.

1.    Mandatory Clustering.

a.    Criteria for clustering. The Hearing Examiner may require that the housing units allowed for a site be clustered on a portion of the site to:

i.    Protect groundwater used as a public water source (e.g., wellhead protection areas); or

ii.    Enable retention of trees (based upon a recommendation by the City’s Urban Forester, consistent with Chapter 16.60, Tree Protection and Replacement, Olympia Municipal Code); or

iii.    Preserve Significant Wildlife Habitat identified on Map 2-4 of the Comprehensive Plan; or

iv.    Accommodate urban trails identified on Map 7-1 of the Comprehensive Plan; or

v.    Preserve scenic vistas pursuant to Sections 18.20.070 View Preservation and 18.50.100 Scenic Vistas; or

vi.    Enable creation of buffers between incompatible uses (see Chapter 18.36, Landscaping and Screening).

b.    Degree of clustering.

i.    The approval authority may allow up to a 20 percent reduction in lot dimensions, sizes and setback requirements, consistent with the Uniform Building Code, to facilitate the clustering of the permitted number of dwelling units on the site.

ii.    The required clustering shall not result in fewer lots than would otherwise be permitted on the site (at the minimum density specified in Table 5.05), without the written authorization of the applicant.

2.    Optional Clustering.

a.    Applicants for housing projects may request up to 20 percent reduction in lot sizes, dimensions, and building setback requirements in order to cluster housing and retain land for the following purposes:

i.    To meet the criteria listed in Section 18.05.080(F)(1) Mandatory Clustering above; or

ii.    To avoid development on slopes steeper than 20 percent; or

iii.    To preserve natural site features such as rock outcrops or topographical features; or

iv.    To otherwise enable land to be made available for public or private open space.

b.    The approval authority may grant such requests if s/he determines that the development would not have a significant adverse impact on surrounding land uses.

G.    Lot Width.

1.    Measurement. The minimum lot width required by Table 5.05 shall be measured between the side lot lines at the point of intersection with the minimum front setback line established in Table 5.05.

2.    Varied Lot Widths. The width of residential lots in the NC, NV, UV and COSC districts shall be varied to avoid monotonous development patterns.

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

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

c.    The minimum lot widths specified in Table 5.05 may be reduced by six (6) feet for individual lots to provide variety, provided that the average lot width for the project is no less than the minimum lot width required by Table 5.05.

3.    Minimum Street Frontage.

a.    Each residential lot, other than for townhouse and cottage housing, shall have a minimum of thirty (30) feet of frontage on a public street.

FIGURE 5-2

b.    EXCEPTION: the City may allow the street frontage to be reduced (creating a flag lot) to the minimum extent necessary to enable access to property where public street access is not feasible (e.g., due to physical site conditions or preexisting development) or to protect environmentally Critical Areas (see Chapter 14.10, Olympia Municipal Code).

c.    Subdivisions, short subdivisions, binding site plans, and lot line adjustments creating flag lots (with street frontages of less than thirty (30) feet) are subject to the following conditions:

i.    The project shall be designed to minimize the creation of flag lots; and

ii.    Adjoining flag lots shall share a common driveway wherever possible; and

iii.    All driveways accessing flag lots shall be designed to allow fire truck access to within one hundred fifty (150) feet of the residence(s) on the lot(s), unless alternate forms of fire protection approved by the Fire Department are provided (e.g., sprinkler systems); and

iv.    The area of a flag lot which is less than thirty (30) feet in width shall not be considered part of the minimum lot area required in Table 5.05.

H.    Front Yard Setbacks.

1.    In the NV, NC, UV, and COSC districts, front yard setbacks for residential uses may be reduced to a minimum of ten (10) feet under the following conditions:

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

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

c.    When the driveway will be aligned to provide at least a twenty (20) foot long parking space between the sidewalk edge (closest to lot) and the garage.

2.    Such setback reductions shall not be allowed where they would result in a setback of fifty (50) percent or less than the setback of an existing dwelling on an abutting lot fronting on the same street. (See Design Guidelines, 18.05A.280, Garage Design.)

I.    Maximum Front Yard Setbacks.

1.    Proportion of Structure to be Built Within Setback.

a.    At least thirty (30) percent of the front facade of the primary residential structure on the lot must be on or within the maximum front setback line specified in Table 5.05.

b.    At least seventy (70) percent of the front facade of buildings fronting on a village or center green, park or plaza must be on or within the maximum front setback line specified in Tables 5.04 and 5.05.

2.    Exceptions to the Maximum Front Yard Setback Standard. The following are exempt from the maximum front yard setbacks specified in Tables 5.04 and 5.05.

a.    Parcels with physical site constraints. The approval authority may allow larger setbacks than required by Tables 5.04 and 5.05 to accommodate steep or difficult topography, views, rock out-crops, environmentally Critical Areas, or trees designated for preservation.

b.    Sensitive and high impact uses. The approval authority may allow greater front yard setbacks for nonresidential uses such as schools, nursing homes, public facilities, or utilities which may be sensitive to traffic noise or emissions, or warrant greater separation from adjoining property due to their potential impacts on adjoining land uses.

c.    Flag lots, (See Section 18.02.180, Definitions, Lots).

d.    Wedge-shape lots. (See Section 18.02.180, Definitions, Lots).

e.    Dwellings which front on an arterial street or arterial boulevard.

J.    Side Yard Setbacks.

1.    Reduced Side Yard Setbacks. A side yard building setback shall not be required for one (1) side of a residential lot provided that it meets the following conditions:

a.    If the distance between the proposed dwelling and property line is less than three (3) feet, the applicant shall provide evidence of at least a three (3) foot wide maintenance easement recorded with the deed of the applicable adjoining lot. Such easements shall provide access for the owner of the applicable lot (with a side yard setback of less than three (3) feet) to maintain the exterior of the wall and roof within three (3) feet of the side property line.

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

2.    Setbacks from Trails and Bike Paths. The minimum side yard setback adjoining a public bike path or walkway shall be ten (10) feet.

K.    Measurement of Setbacks. Setback width shall be measured from the outermost edge of the building foundation to the closest point of the applicable lot line.

L.    Encroachment into Setbacks.

1.    Required setback areas shall be kept free of any building or structure higher than thirty (30) inches.

2.    EXCEPTIONS: The buildings and projections listed below shall be allowed in the portion of the setback not contained in a utility, access, or other easement:

a.    Accessory structures, including accessory dwelling units, may be located in a required rear yard and/or in the rear thirty (30) feet of a required interior side yard; however, if a garage entrance faces the rear or side property line, it shall be setback at least ten (10) feet from that property line.

b.    Cornices, window sills, bay windows, flues and chimneys, planters, and roof eaves may project two (2) feet into the required yard area.

c.    Marquees and awnings for commercial uses.

d.    Fences in compliance with the fence height requirements specified in Section 18.40.060(D) Fences.

e.    Swimming pools, hot tubs and satellite dish antennas may be placed in the rear or interior side yard setback area.

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

g.    Signs in compliance with Chapter 18.42.

FIGURE 5-4

M.    Height.

1.    Buildings Fronting on Village/Center Greens or Plazas. Buildings in villages and community oriented shopping centers which front onto the required park, green or plaza (see 18.05.080(N)(2) Private and Common Open Space--Villages, and Community Oriented Shopping Centers) shall be at least two (2) stories in height. This requirement does not apply to food or grocery stores.

2.    Commercial/Residential Transitions. Commercial buildings abutting lots designated for single family residential use shall not exceed two (2) stories or thirty-five (35) feet in height, whichever is less.

3.    Roof Projections. The following structures may exceed the height limits specified for the district in Table 5.05 by eighteen (18) feet, provided that such structures do not contain floor space:

a.    roof structures housing elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building;

b.    fire or parapet walls;

c.    skylights;

d.    clock towers;

e.    flagpoles;

f.    chimneys;

g.    smoke stacks;

h.    wireless masts;

i.    T.V. antennas;

j.    steeples; and

k.    similar structures.

4.    Tall Buildings. In the NC, NV, UV, and COCS districts, buildings over thirty-five (35) feet in height must comply with the following requirements:

a.    The proposed building shall not be located within one hundred (100) feet of the boundary of the village or center. Public rights-of-way adjoining the village or center property boundary shall count toward this separation requirement. Exceptions to this provision shall be granted where topography, stands of trees (designated for retention and approved by the City’s Urban Forester), or other site features block the visibility of the section of the building above thirty-five (35) feet in height from existing or potential residential areas (zoned and available for residential use) adjoining the site; and

b.    Existing evergreen trees, which the City’s Urban Forester determines do not pose undue risks for proposed site improvements or public safety and are appropriate for their location at their mature size, are retained where possible to help screen the building from the view of residents of dwellings abutting the property.

5.    Places of Worship. The height of churches and other places of worship may exceed the height limits specified in Table 5.05 provided that the side yard width equals at least fifty (50) percent of the proposed height of the place of worship (including spires and towers).

6.    Free-Standing Ornamental Structures. Free-standing ornamental structures such as clock towers, sculptures, monuments or other similar features approved as part of a master plan (see Chapter 18.57, Master Planned Developments) shall not exceed 60 feet in height. These structures shall be located in the village center (see Section 18.05.050(C), Village/Community Center) and shall not contain signage.

7.    Radio and Television Transmitting and Receiving Towers. The height of radio and television transmitting and receiving towers may exceed the maximum building height allowed in the district, subject to approval of the Hearing Examiner consistent with Section 18.04.060(Z).

8.    Water Towers. Water towers may exceed the height limits specified in Table 5.05.

9.    Perimeter Buildings. Except as otherwise provided in Section 18.05.080(M), Height, buildings located within one hundred (100) feet of the boundary of the village or center shall not exceed two (2) stories or thirty five (35) feet, whichever is less.

10.    A building height waiver may be granted at project entries and along arterial or major collector streets within a Master Planned Community (NV, UV, and COSC) where slopes exist that would cause less than desirable height of building to width of street ratio (a ratio less than 1:4 building height to street width) not to exceed the permitted building height as measured from the fronting street edge.

N.    Private and Common Open Space.

1.    Development of Open Space.

a.    Open space required by Table 5.05 shall be devoted to undisturbed native vegetation, landscaping, and/or outdoor recreational facilities. Driveways, loading areas, maneuvering space and parking lots shall not be considered part of this required space.

b.    Required open space shall not be covered with impervious surfaces, except for walkways, tennis and basketball courts, swimming pools, or similar recreational uses which require an impervious surface.

c.    The Director or Hearing Examiner may increase the impervious surface coverage limits specified in Table 5.05 by up to five (5) percent to accommodate the walkways and recreational uses listed above (see also Chapter 18.36, Landscaping and Screening).

2.    Villages and Community Oriented Shopping Centers.

a.    Neighborhood villages, urban villages, and community oriented shopping centers shall contain at least five (5) percent open space available for public use or common use. Ownership of open space areas and type of access will be determined during the Master Planned Development review (see Chapter 18.57, OMC). As much as fifty (50) percent of this open space may be comprised of environmentally Critical Areas and associated buffers (see Chapter 14.10, OMC).

b.    Neighborhood villages, neighborhood centers, urban villages, and community oriented shopping centers must contain a neighborhood park or "green" between one (1) and four (4) acres in size located in the village or community center. This park, green, or plaza shall have an average slope no greater than five (5) percent; adequate drainage to allow active use in summer; and a width and length of no less than one hundred and fifty (150) feet.

3.    Cottage Housing Developments.

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

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

4.    Multifamily Housing.

a.    In neighborhood villages, urban villages, and community oriented shopping centers, parcels or sites accommodating multifamily housing (e.g., triplexes, fourplexes, and larger apartment buildings) shall contain at least thirty (30) percent open space. However, such multifamily housing within one hundred (100) feet of a neighborhood park, green, or public or common open space, which is at least ten thousand (10,000) square feet in size, shall only be required to retain fifteen (15) percent of the site in open space. Impervious surface coverage requirements shall be adjusted accordingly.

b.    At least fifty (50) percent of the open space required in 18.05.080(N)(4)(a) above shall be available for the common use of all residents of the multifamily housing.

c.    Common open space shall be contiguous with the housing site (e.g., not separated from the dwellings by streets or barriers that impede pedestrian access) and shall be sufficiently level (e.g., five (5) percent average slope) and well drained to allow active use in summer. No dimension shall be less than fifteen (15) feet.

(Ord. 6517 §17, 2007; Ord. 6426 §12, 2006; Ord. 6356 §4, 2005; Ord. 6140 §41, 2001; Ord. 5971 §15, 1999; Ord. 5830 §10, 1998; Ord. 5664 §5, 13, 1997; Ord. 5661 §4, 1996; Ord. 5595 §11, 1995; Ord. 5569 §13, 1995; Ord. 5517 §1, 1995).

18.05.080 TABLES: Residential Development Standards

TABLE 5.05

RESIDENTIAL DEVELOPMENT STANDARDS

DISTRICT

Neighborhood Center

Neighborhood Village

Urban Village

Community Oriented Shopping Center

ADDITIONAL REGULATIONS

MAXIMUM HOUSING DENSITY (in units per acre)

12, or the lowest abutting zoning density district, whichever is greater.

24

24

24

18.05.080(B)

MAXIMUM AVERAGE HOUSING DENSITY (in units per acre)

12, or the lowest abutting zoning density district, whichever is greater.

13

14

13

18.05.080(B)

MINIMUM AVERAGE HOUSING DENSITY (in units per acre)

7

7

7

7

18.05.080(C)

MINIMUM LOT SIZE

3,500 sq. ft. = zero lots Zero Lot = A lot with only one side yard. 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 7,200 sq. ft. = multifamily 5,000 sq. ft. = other

1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,500 sq. ft. = other

1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,000 sq. ft. = other

1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,000 sq. ft. = other

18.05.080(D) 18.05.080(E) 18.05.080(F)

18.64 (Townhouses)

MINIMUM LOT WIDTH

50’ EXCEPT: 30’ = cottages 40’ = zero lots 16’ = townhouses 80’ = duplex

50’ EXCEPT: 30’ = cottages 40’ = zero lots 16’ = townhouses 70’ = duplexes 80’ = multifamily

50’ EXCEPT: 30’ = cottages 40’ = zero lots 16’ = townhouses 70’ = duplexes 80’ = multifamily

50’ EXCEPT: 30’ = cottages 40’ = zero lots 16’ = townhouses 70’ = duplexes 80’ = multifamily

18.05.080(G)

MINIMUM FRONT YARD SETBACKS

20’ EXCEPT: 10’ with side or rear parking or on flag lots.

20’ EXCEPT: 10’ with side or rear parking or on flag lots.

20’ EXCEPT: 10’ with side or rear parking or on flag lots.

20’ EXCEPT: 10’ with side or rear parking or on flag lots.

18.05.080(H) 18.40.060(C), Clear Sight Triangle

MAXIMUM FRONT YARD SETBACK

25’

25’

25’

25’

18.05.080(I) 18.05.080(K)

MINIMUM REAR YARD SETBACKS

20’

20’ EXCEPT: 15’ for multifamily; 10’ for cottages, wedge-shaped lots, and zero lots. Zero Lot = A lot with only one side yard.

15’ EXCEPT: 10’ for cottages, wedge-shaped lots, and zero lots; 20’ with alley access.

20’ EXCEPT: 15’ for multifamily; 10’ for cottages, wedge-shaped lots, and zero lots.

18.05.080(K) 18.05.080(L) 18.05.080(E)(2)

MINIMUM SIDE YARD SETBACKS

5’ EXCEPT: 10’ along flanking streets.

5’ EXCEPT: 10’ along flanking streets; 6’ on one side of zero lots; 3’ for cottages.

5’ EXCEPT: 10’ along flanking streets 6’ on one side of zero lots; 3’ for cottages.

5’ EXCEPT: 10’ along flanking streets; 6’ on one side of zero lots; 3’ for cottages.

18.05.080(J) 18.05.080(K) 18.05.080(L) 18.40.060(C), Clear Sight Triangle

MAXIMUM BUILDING HEIGHT

35’ EXCEPT: 16’ for accessory buildings.

35’ EXCEPT: 25’ for cottages; 16’ for accessory buildings.

35’ EXCEPT: 25’ for cottages; 16’ for accessory buildings.

35’ EXCEPT: 25’ for cottages; 16’ for accessory buildings.

18.05.080(M)

MAXIMUM ABOVE GRADE STORIES

2 Stories

3 Stories

3 Stories

3 Stories

MAXIMUM BUILDING COVERAGE

50%

50%

50%

50%

MAXIMUM IMPERVIOUS SURFACE COVERAGE

70%

70%

70%

70%

18.64 (Townhouses)

MINIMUM OPEN SPACE

1 acre

5% plus 450 sq. ft./unit for cottage developments; 30% for multifamily.

5% plus 450 sq. ft./unit for cottage developments; 30% for multifamily.

5% plus 450 sq. ft./unit for cottage developments; 30% for multifamily.

18.05.080(N)

(Ord. 6517 §17, 2007).

18.05.100 Additional regulations

Refer to the following Chapters for additional related regulations:

Chapter 18.04

Residential Districts

Chapter 18.05A

Design Guidelines for Villages and Centers

Chapter 18.06

Commercial Districts

Chapter 18.36

Landscaping and Screening

Chapter 18.38

Parking and Loading

Chapter 18.48

Conditional Uses

Chapter 18.50

Design Review

Chapter 18.57

Master Planned Developments

Chapter 18.64

Townhouses

(Ord. 5517 §1, 1995).

18.05.120 Briggs Village

Effective December 16, 2003, the Olympia City Council approved and adopted the Briggs Village Master Plan, the details and regulations of which are found in Ordinance No. 6299, on file with the City Clerk. The City Clerk is hereby authorized and directed to insert the effective date and number of this Ordinance in this section.

(Ord. 6299 §4, 2003).

18.05.140 Woodbury Crossing Village

On September 15, 2009, the Olympia City Council approved and adopted the Woorbury Crossing Master Plan, the details and regulations of which are found in Ordinance No. 6655, on file with the City Clerk.

(Ord. 6655 §3, 2009).

18.05.160 Bentridge Village

On April 13, 2010, the Olympia City Council approved and adopted the Bentridge Village Master Plan, the details and regulations of which are found in Ordinance No. 6700, on file with the City Clerk.

(Ord. 6700 §4, 2010).

18.05.170 Village at Mill Pond

On July 26, 2011, the Olympia City Council approved and adopted the Village at Mill Pond Master Plan, the details and regulations of which are found in Ordinance No. 6773, on file with the City Clerk.

(Ord. 6773 §5, 2011).