Chapter 18.42
GENERAL LAND USE REGULATIONS

Sections:

18.42.010    Accessory dwelling units.

18.42.015    Buildings or structures for storage, agricultural uses, detached garages, or carports in residential zone districts.

18.42.020    Height regulations – Exemptions.

18.42.030    Home occupations.

18.42.040    Yards – Setbacks.

18.42.050    Sexually oriented businesses.

18.42.060    Utility substations.

18.42.070    Agriculture.

18.42.080    Marijuana businesses.

18.42.090    Motor vehicle sales facilities.

18.42.100    Single-family uses.

18.42.110    Warehouses.

18.42.120    Food trucks or trailers.

18.42.130    Park and open space area standards for development without divisions of land.

18.42.140    Permanently affordable housing incentives.

18.42.150    Supportive housing facilities standards.

18.42.010 Accessory dwelling units.

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

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

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

C.    Off-street parking shall be provided according to the standards set forth in TMC Chapter 18.50.

D.    An accessory dwelling unit shall be designed to maintain the appearance of the main building of the single-family residence.

1.    If the accessory dwelling unit extends beyond the current footprint of the principal residence, such an addition shall be consistent with the existing roof pitch, siding, and windows.

2.    If an accessory unit is detached from the main building, it must also be consistent with the existing roof pitch, siding, and windows of the principal residence.

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

E.    To ensure that the accessory dwelling unit is clearly secondary to the primary dwelling unit, the floor area for the accessory dwelling unit shall in no case exceed eight hundred square feet of finished living space excluding garages, unfinished attics, or unfinished basements nor be less than the international building code minimum residential building square footage for finished living space, and the accessory dwelling unit shall contain no more than two bedrooms. Garages shall be not more than three hundred square feet in size for single story accessory dwelling units and four hundred square feet in size for two story accessory dwelling units.

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

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

(Ord. O2020-005, Amended, 03/16/2021; Ord. O2018-007, Amended, 10/16/2018; Ord. O2017-022, Amended, 12/05/2017; Ord. O2013-025, Amended, 01/07/2014; Ord. O2000-004, Amended, 07/18/2000; Ord. O99-001, Amended, 04/20/1999; Ord. O97-025, Amended, 12/02/1997; Ord. O95-035, Added, 12/19/1995)

18.42.015 Buildings or structures for storage, agricultural uses, detached garages, or carports in residential zone districts.

It is the specific purpose and intent to allow accessory buildings or structures for storage, agricultural uses, detached garages, or carports in specific residential zone districts (RSR residential/sensitive resource, SFL single-family low density residential, SFM single-family medium density residential, BD brewery district, GB greenbelt, OS open space, and MHP manufactured home park zone districts), subject to the following restrictions.

A.    The total square-footage of the footprints of all buildings or structures used for storage, agricultural uses, detached garages, or carports on lots less than two acres in size shall not be larger in square-footage than the footprint of the principal building or structure.

B.    The total square-footage of the footprint of nonagricultural storage buildings or structures, detached garages, or carports on lots two acres or greater in size shall not be larger in square-footage than three thousand square feet.

C.    For residential zone districts other than in the RSR residential/sensitive resource zone district, the total square-footage of the footprint of all buildings or structures used for agriculture on lots two acres or greater in size shall not be larger in square-footage than twenty thousand square feet.

D.    In the RSR residential/sensitive resource zone district, the total square-footage of the footprints of agricultural buildings or structures on lots two acres or greater in size shall not be greater than the maximum impervious surface for lots allowed in TMC 18.08.050(G) and Table 18.08.050.

(Ord. O2018-007, Added, 10/16/2018)

18.42.020 Height regulations – Exemptions.

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

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

18.42.030 Home occupations.

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

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

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

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

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

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

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

G.    No more than two people, who are not residents of the property, shall be employed on the site of the home occupation.

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

I.    Each application shall be submitted with a fee established by resolution of the city council to help defray the cost of handling the application, no part of which fee is refundable.

(Ord. O2018-007, Amended, 10/16/2018; Ord. O2013-025, Amended, 01/07/2014; Ord. O98-009, Amended, 10/20/1998; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.42.040 Yards – Setbacks.

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

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

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

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

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

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

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

5.    Uncovered swimming pools and hot tubs may be placed in the rear or interior side yard setback area, but must be set back five feet from the rear or an interior lot line. Hard surface access to an uncovered swimming or hot tub may be within the five-foot yard setback area.

6.    Public transit shelters.

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

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

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

10.    Signs are allowed in the required setback area; provided, that a sight distance hazard is not created as determined by the criteria in Section 4.16 of the Tumwater Development Guide and all other requirements of TMC Chapter 18.44 are met.

B.    Neither building construction nor projection is allowed within any utility, access or public/private easement.

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

D.    The following uses are not permitted in setbacks:

1.    Heating, air conditioning, or ventilation units; or

2.    Other mechanical or hydraulic units.

(Ord. O2020-003, Amended, 09/15/2020; Ord. O2017-007, Amended, 11/05/2018; Ord. O95-035, Added, 12/19/1995)

18.42.050 Sexually oriented businesses.

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

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

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

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

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

b.    Preschool facility;

c.    Nursery school;

d.    Day care center;

e.    Mini-day care center;

f.    Family day care home;

g.    Public library;

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

i.    Public parks;

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

k.    Any residential use.

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

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

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

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

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

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

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

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

18.42.060 Utility substations.

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

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

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

1.    Front yard, thirty feet;

2.    Side yard, twenty feet; and

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

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

18.42.070 Agriculture.

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

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

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

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

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

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

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

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

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

18.42.080 Marijuana businesses.

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

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

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

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

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

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

e.    Be within a fully enclosed secure indoor structure;

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

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

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

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

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

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

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

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

e.    Be within a fully enclosed secure indoor structure;

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

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

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

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

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

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

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

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

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

18.42.090 Motor vehicle sales facilities.

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

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

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

1.    Striping of parking spaces is not required.

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

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

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

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

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

E.    Outdoor loudspeaker systems are prohibited.

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

18.42.100 Single-family uses.

In the residential/sensitive resource (RSR), single-family low density residential (SFL), and single-family medium density residential (SFM) zone districts, only one single-family residence or duplex as a primary use is allowed per legal parcel, unless the project is processed as a planned unit development. If permitted in the zone district, an accessory dwelling unit is allowed in accordance with TMC 18.42.010.

(Ord. O2020-005, Amended, 03/16/2021; Ord. O2017-022, Added, 12/05/2017)

18.42.110 Warehouses.

A.    Minimum Conditions.

1.    Location Criteria.

a.    Warehouse distribution centers regardless of size and nondistribution warehouses larger than two hundred thousand square feet in size must be located:

i.    Within the crosshatched areas as shown in either Figure 18.42.110(A) or (B);

ii.    More than one thousand feet from an urban residential zone district (residential/sensitive resource (RSR), single-family low density residential (SFL), single-family medium density residential (SFM), multifamily medium density residential (MFM), multifamily high density residential (MFH), or manufactured home park (MHP)); and

iii.    More than three hundred feet from a rural residential zone district.

The restrictions in the location criteria above apply to buildings, truck loading and maneuvering areas, truck parking, and container/trailer or other storage. Accessory facilities, such as required stormwater facilities, landscaping and open space areas, automobile parking, and truck access routes, may be within the buffer areas described in the location criteria subject to the other buffering and setback requirements of the Tumwater Municipal Code.

If there is a question regarding the boundaries of the location criteria, the more restrictive criteria shall apply; and

b.    Warehouse distribution centers regardless of size and nondistribution warehousing larger than two hundred thousand square feet in size 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 an urban residential zone district classification (residential/sensitive resource (RSR), single-family low density residential (SFL), single-family medium density residential (SFM), multifamily medium density residential (MFM), multifamily high density residential (MFH), or manufactured home park (MHP)).

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

Figure 18.42.110(A) Warehouse distribution centers – 93rd Avenue.

Figure 18.42.110(B) Warehouse distribution centers – Airport related industry zone district.

(Ord. O2017-023, Added, 07/17/2018)

18.42.120 Food trucks or trailers.

A. Food trucks or trailers shall:

1. Obtain all necessary state and county health department approvals, licenses, and permits;

2. Obtain a city business license to operate;

a. Food trucks or trailers shall not be subject to impact fees;

3. Be parked on a city-approved hard surface such as asphalt, concrete, or turfstone;

a. Parking on other surfaces is allowed if the food truck or trailer will only be at that location as part of a special event subject to a temporary use permit issued under TMC Chapter 18.59 and will only be present at that location for less than ten consecutive days in a calendar year;

4. Not create a public nuisance as defined in TMC Chapter 8.04;

5. Not reduce the supply of parking on a site below the minimum required for the existing use on the site; and

6. Adhere to the temporary signs regulations in TMC 18.44.075(B).

7. Food trucks or trailers shall not interfere with pedestrian, bicycle, or traffic flow, or impede sight distance.

8. All outdoor lighting must comply with the exterior illumination standards of TMC 18.40.035. Exceptions are allowed for vehicle lighting that is WSDOT approved and necessary for legal operation of the truck or trailer on a public street.

B. Location and Duration.

1. Food trucks or trailers located in the light industrial (LI) zone district and within one-half mile of the Interstate 5 and 93rd Avenue SW interchange are allowed to remain on a site year-round, provided they are fully licensed and ready for highway use. “Ready for highway use” means that the food truck or trailer is on its wheels, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions.

2. Food trucks or trailers in all other locations, when not covered by a temporary use permit issued under TMC Chapter 18.59, must be removed from the site at the end of each day.

3. Food trucks or trailers subject to a temporary use permit will adhere to the requirements of the temporary use permit in regards to length of stay.

C. Food Truck or Trailer Courts.

1. Sites with assigned spaces for four or more food trucks or trailers at the same location, such as a parking lot, plaza, or lot, at the same time are to be considered food truck and trailer courts.

2. No food truck or trailer courts shall be permitted to operate within the city without first obtaining the site plan review approval required to establish a food truck or trailer court.

3. Food truck or trailer courts shall:

a. Obtain all necessary state approvals, licenses, and permits;

b. Obtain all necessary county health department approvals, licenses, and permits;

c. Obtain a city business license to operate;

i. Food trucks or trailer courts are not subject to impact fees;

d. Address the following off-street parking requirements:

i. Meet the off-street parking area design requirements of TMC 18.50.060;

ii. Provide sufficient off-street parking at the ratio of two off-street parking spaces or more per individual food truck or trailer;

iii. Not reduce the supply of off-street parking on a site below the minimum required for the existing use on the site; and

iv. The required off-street parking area must be maintained by the owner(s) of the property in a safe condition in compliance with TMC 18.50.060;

e. Adhere to the sign regulations in TMC Chapter 18.44; and

f. Not create a public nuisance as defined in TMC Chapter 8.04.

g. Food trucks or trailers in courts shall not interfere with pedestrian, bicycle, or traffic flow, or impede sight distance.

h. All outdoor lighting must comply with the exterior illumination standards of TMC 18.40.035. Exceptions are allowed for vehicle lighting that is WSDOT approved and necessary for legal operation of the truck or trailer on a public street.

4. Complete Application and Content. Food truck or trailer court applications shall include the following information:

a. Detailed scale drawings of the location of the food truck or trailer court with the spaces for food truck or trailers identified; required off-street parking shown, and sign locations identified;

b. A plan for scheduled hours of operation that includes time of day, days of week, months of the year, and scheduled closings; and

c. Written approval of the landowner shall also be submitted at the time of application.

5. Approval Process. The community development director shall ensure the following items are satisfied when acting upon an application:

a. The proposal is consistent with the standards and intent of this section;

b. The proposal will enhance the attractiveness of the environment in which it is located; and

c. The proposed food truck or trailer court is designed, oriented, and operated to serve pedestrians.

6. Based upon consideration of the application and its consistency with the intent and standards of this section, the community development director may approve or deny an application. In approving an application, the community development director may require any conditions on operation, location, or design deemed necessary to ensure compliance with this chapter and compatibility with the neighborhood and zone district in which it is located.

7. The community development director may administratively approve any variances from the standards of this section deemed necessary to fully satisfy the intent of this section.

8. When authorizing variances to a food truck or trailer court, the applicant shall demonstrate to the community development director’s satisfaction the approved food truck or trailer court design will be compatible with surrounding uses, will add to the pedestrian desirability of the area, and will be a benefit to the neighborhood and zone district in which it is located.

(Ord. O2019-020, Added, 11/19/2019)

18.42.130 Park and open space area standards for development without divisions of land.

A.    For new residential developments in which the majority of the dwelling units will be multifamily dwellings or roominghouses, or five or more dwelling units as rowhouses or townhomes, and the land is not being divided, a minimum of fifteen percent of the gross site area shall be set aside for park and open space area.

B.    For new developments that will contain mixed use development, a minimum of fifteen percent of the gross site area shall be set aside for park and open space area.

C.    For new commercial or industrial development of ten acres or more where land is not being divided, a minimum of five percent of the gross site area shall be set aside for park and open space area. A commercial or industrial land development that is part of an approved master plan providing for a park or open space area meeting the intent of this provision shall be considered to have fulfilled this requirement.

D.    For the purpose of calculation of the park and open space area, the park and open space area shall be separate and distinct from required yards, setbacks, and landscaped areas.

E.    The community development director in consultation with the parks and recreation director may accept a fee in lieu for park and open space area subject to the following:

1.    The fee in lieu for park and open space area is only allowed where the amount of land required to be set aside for park or open space area in the development is smaller than one acre in size and the development consists of:

a.    Less than or equal to any combination of sixty dwelling units in multifamily, roominghouses, rowhouses, or townhomes dwellings;

b.    Less than or equal to sixty residential dwelling units included in a mixed use development; or

c.    Any commercial or industrial development smaller than twenty acres in size.

2.    When determining whether to accept a fee in lieu for park and open space area, the community development director in consultation with the parks and recreation director shall consider the following:

a.    The availability of other existing or planned public park within one-half mile of the development;

b.    Whether the other existing or planned public park is or will be accessible from the development by sidewalk or paved pedestrian path; and

c.    The overall public benefit of accepting a fee instead of the land for park and open space area.

3.    The fee shall be based on an assessed valuation of the portion of the development that would otherwise be required to be set aside.

4.    The fee shall be paid prior to any building permit being issued for the development.

F.    For all new residential developments in which the majority of the dwelling units will be multifamily dwellings or roominghouses, or five or more dwelling units as rowhouses or townhomes, and the land is not being divided, at least fifty percent of the area set aside for park and open space area must be for active recreation, with the remainder set aside for passive recreation. For all nonresidential subdivisions, all the area set aside for park and open space area must be for passive recreation.

1.    The following areas may be counted towards fulfilling the active recreation requirements:

a.    Children’s play equipment, such as slides, swings, and play structures;

b.    A paved hard court for activities such as basketball, tennis, or pickleball;

c.    Athletic fields for activities such as soccer or baseball and similar team sports;

d.    Multiuse trails for pedestrians and bicycles meeting WSDOT multiuse trail design standards;

e.    A flat, open lawn area with a surface suitable for unstructured active play;

f.    Community gardens as defined in TMC 18.04.030, C definitions; and

g.    Other similar active recreation facilities if approved by the community development director in consultation with the parks and recreation director.

2.    That portion of stormwater ponds with active recreation facilities anticipated to be useable at least six months of the year may be counted towards fulfilling the active recreation requirement, provided these facilities are consistent with the drainage design and erosion control manual for Tumwater.

3.    The following areas may be counted towards fulfilling the passive recreation requirements:

a.    Facilities for walking, such as unpaved trails;

b.    Landscaped areas with benches and other amenities;

c.    Picnicking facilities, such as picnic tables and shelters;

d.    Public plazas;

e.    Vegetated desks and rooftops, provided the desk or rooftop is accessible to all residents and employees of the development;

f.    Stormwater ponds with perimeter trails or year-round water features consistent with the drainage design and erosion control manual for Tumwater;

g.    Tree protection areas preserved under TMC Chapter 16.08, provided access is provided within these areas via a trail consistent with the regulatory requirements for these areas;

h.    Wetland buffers under TMC Chapter 16.28, wellhead protection areas under TMC Chapter 16.26, and special flood hazard areas under TMC Chapter 18.38, provided access is provided within these areas via a trail consistent with the regulatory requirements for these areas; and

i.    Other similar passive recreation facilities if approved by the community development director in consultation with the parks and recreation director.

G.    The park and open space area shall have convenient access for residents or employees of the development and the park and open space area shall be consolidated to provide maximum access, visibility, usability, minimization of impacts to residential uses, and ease of maintenance. These requirements may be waived by the community development director upon a finding that the residents or employees of the development would receive a greater benefit if the required park and open space area were provided in another configuration due to the size of the development, unique topographic conditions, or other factors determined by the community development director.

H.    The park and open space area shall be designed and placed in consideration of existing and potential park and open space areas on adjacent parcels to allow for consolidation or provision of future opportunities for consolidation of park and open space areas.

I.    Except where removal is required to meet active recreation requirements in this chapter, existing trees and significant native vegetation shall be retained in park and open space areas unless an alternate landscaping plan for such areas is required or approved by the community development director.

J.    Park and open space areas shall be held in single ownership where such ownership assumes full responsibility for maintenance and operation, or held in common ownership by all of the owners in the development through a property owners’ association or similar organization. As a condition of approval, the city may require or choose to accept dedication, when the park and open space area set aside is one or more of the following.

1.    Greater than two acres.

2.    Adjacent to an established or future city park or school grounds.

3.    Includes public access to a body of water, wetland, important fish/wildlife habitat, or other environmentally sensitive area.

4.    If the city determines it is in the public interest to accept land for park and open space area.

K.    The owner of the park and open space area shall maintain it in a manner consistent with its purpose. Amenities such as those listed in subsections (F)(1) and (F)(3) of this section shall be maintained and kept in a clean, safe, and usable condition.

(Ord. O2020-015, Added, 02/16/2021)

18.42.140 Permanently affordable housing incentives.

A.    Purpose. The purpose of this section is to provide incentives to developers to provide the public benefit of permanently affordable housing to help achieve comprehensive plan goals by:

1.    Defining in quantified terms how providing permanently affordable housing can be used to earn incentives;

2.    Providing rules and formulas for computing incentives earned; and

3.    Providing a review process to allow for evaluation of proposed incentives and the permanently affordable housing offered to earn them, and to give the public opportunities to review and comment.

B.    Density Incentives.

1.    Permitted Locations of Density Incentives. Density incentives to provide permanently affordable housing shall be used only on sites served by public sewers and only in the following zone districts:

a.    Multifamily medium density residential (MFM) zone district; and

b.    Multifamily high density residential (MFH) zone district.

2.    Permanently Affordable Housing Density Incentives.

a.    The amount of permanently affordable housing eligible to earn density incentives and the maximum incentives to be earned are set forth in Table 18.42.140(B). Density incentives are expressed as additional bonus dwelling units (or fractions of dwelling units) earned per amount of permanently affordable housing provided. Where a range is specified, the earned credit will be determined by the community development director during project review.

b.    Residential development in multifamily medium density residential (MFM) and multifamily high density residential (MFH) zone districts with property-specific development standards shall be eligible to earn density incentives as set forth in Table 18.42.140(B) when the permanently affordable housing provided exceeds the basic development standards of this title.

Table 18.42.140(B)

Permanently Affordable Housing Earning Density Incentives

Permanently Affordable Housing Provided

Density Incentive

Dwelling units consisting of rental housing that are permanently priced to serve very low-income and low-income households, which are part of a new multifamily housing project that provides a total of ten or more dwelling units.

 

Very low-income households are defined as households with income less than or equal to fifty percent of Thurston County’s median household income as determined by the Office of Financial Management.

 

Low-income households are defined as households with income less than or equal to eighty percent and more than fifty percent of Thurston County’s median household income as determined by the Office of Financial Management.

Multifamily medium density residential (MFM) zone district: Projects that provide two permanently affordable housing units would be allowed an increase of one additional dwelling unit on top of the maximum current density with a transfer of development rights up to a maximum increase in density of five dwellings unit per acre. This would create a new maximum density of twenty dwelling units per acre in the multifamily medium density residential (MFM) zone district for projects providing permanently affordable housing units.

 

Multifamily high density residential (MFH) zone district: Projects that provide two permanently affordable housing units would be allowed an increase of one additional dwelling unit on top of the maximum current density with a transfer of development rights up to a maximum increase in density of ten dwelling units per acre. This would create a new maximum density of thirty-nine dwelling units per acre in the multifamily high density residential (MFH) zone district.

3.    Rules for Calculating Total Permitted Permanently Affordable Housing Units. The total dwelling units permitted through density incentives review shall be calculated using the following steps:

a.    Calculate the number of dwellings permitted by the base density of the site in accordance with TMC Chapter 18.14 or 18.16;

b.    Calculate the total number of bonus dwelling units earned by providing the permanently affordable housing listed in Table 18.42.140(B);

c.    Add the number of bonus dwelling units earned to the number of dwelling units permitted by the base density;

d.    Round fractional dwelling units down to the nearest whole number; and

e.    On sites with more than one zone district or zone district density, the maximum density shall be calculated for the site area of each zone district. Bonus units may be reallocated within the zone district in the same manner set forth for base units in TMC 18.42.140.

C.    Building Height Incentives.

1.    Permitted Locations of Building Height Incentives. Permanently affordable housing building height incentives shall be used only on sites served by public sewers and only in the following zone districts:

a.    Mixed use (MU) and general commercial (GC) zone districts;

b.    The Capitol Boulevard community (CBC) – North Trosper and North Neighborhood Center districts;

c.    The town center (TC) residential and mixed use subdistricts; and

d.    The brewery district Knoll, Valley, Bluff, Triangle, Deschutes, and Bates neighborhood north subdistricts.

2.    Permanently Affordable Housing Building Height Incentives.

a.    The amount of permanently affordable housing eligible to earn building height incentives and the maximum incentives to be earned are set forth in Table 18.42.140(C). Building height incentives are expressed as additional bonus feet or stories in height earned per amount of permanently affordable housing provided.

b.    Residential development in the mixed use (MU) and general commercial (GC) zone districts; Capitol Boulevard community (CBC) – North Trosper and North Neighborhood Center districts; town center (TC) mixed use and residential subdistricts; and the brewery district Knoll, Valley, Bluff, Triangle, Deschutes, and Bates neighborhood north subdistricts with property-specific development standards shall be eligible to earn building height incentives as set forth in Table 18.42.140(C) when the permanently affordable housing provided exceeds the basic development standards of this title.

Table 18.42.140(C)

Permanently Affordable Housing Earning Building Height Incentives 

Permanently Affordable Housing Provided

Building Height Incentive

Dwelling units consisting of rental housing that are permanently priced to serve very low-income and low-income households, which are part of a new mixed use or multifamily housing project.

 

Very low-income households are defined as households with income less than or equal to fifty percent of Thurston County’s median household income as determined by the Office of Financial Management.

 

Low-income households are defined as households with income less than or equal to eighty percent and more than fifty percent of Thurston County’s median household income as determined by the Office of Financial Management.

Mixed use (MU) zone district: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the mixed use (MU) zone district would be allowed an additional maximum building height increase of ten feet or one story, whichever is less, subject to imaginary airspace surface limitations. This would create a new maximum height limit of sixty feet or six stories, whichever is less, in the zone district.

 

General commercial (GC) zone district: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the general commercial (GC) zone district would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of seventy-five feet in the zone district.

 

Capitol Boulevard community (CBC) – North Trosper district: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the North Trosper district would be allowed an additional maximum building height increase of ten feet, subject to other neighborhood compatibility height restrictions in TMC Chapter 18.21 and imaginary airspace surface limitations. This would create a new maximum height limit of seventy-five feet in the district except for the areas between Linda Street and Lee Street on the east side of Capitol Boulevard where structure height shall be limited to fifty feet.

 

 

Capitol Boulevard community (CBC) – North Neighborhood Center district: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the North Neighborhood Center district would be allowed an additional maximum building height increase of ten feet, subject to other neighborhood compatibility height restrictions in TMC Chapter 18.21 and imaginary airspace surface limitations. This would create a new maximum height limit of seventy-five feet in the district.

 

Town center (TC) mixed use subdistrict: The maximum structure height of sixty-five feet in the town center mixed use subdistrict may be increased to eighty-five feet if twenty or more permanently affordable housing units are located on any floor of a mixed use building proposed for a height increase in the subdistrict.

 

Town center (TC) residential subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the town center residential subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of sixty-five feet in the subdistrict.

 

Brewery district Knoll subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Knoll subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of eighty-five feet in the subdistrict.

 

Brewery district Valley subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Valley subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of sixty feet height in the subdistrict.

 

Brewery district Bluff subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Bluff subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of fifty feet in the subdistrict.

 

Brewery district Triangle subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Triangle subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of sixty-five feet in the subdistrict.

 

Brewery district Deschutes subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Deschutes subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of sixty-five feet in the subdistrict.

 

Brewery district Bates Neighborhood North subdistrict: New mixed use or multifamily projects with a total of thirty or more dwelling units that provide thirty percent of those units as permanently affordable housing units in the Bates Neighborhood North subdistrict would be allowed an additional maximum building height increase of ten feet, subject to imaginary airspace surface limitations. This would create a new maximum height limit of fifty-five feet in the subdistrict.

3.    On sites with more than one zone district, the maximum building height shall be calculated for the site area of each zone district. Bonus units may be reallocated within the zone district in the same manner set forth for base units in this section.

D.    Types of Permanently Affordable Housing Units Provided.

1.    Where five or more permanently affordable housing units are provided, the ratio of permanently affordable housing units that are studio, one-bedroom, or two-bedroom or larger units shall be as follows:

a.    Studio Units. One out of five units provided or twenty percent of the units provided.

b.    One-Bedroom Units. Two out of five units provided or forty percent of the units provided.

c.    Two-Bedroom or Larger Units. Two out of five units provided or forty percent of the units provided.

d.    In determining the ratio of units where the remaining number of units are not a factor of five, the permanently affordable housing units provided shall be one-bedroom or larger units.

2.    Where four or fewer permanently affordable housing units are provided, all permanently affordable housing units shall be one-bedroom or larger units.

E.    Income Levels for Permanently Affordable Housing Units Provided.

1.    Where five or more permanently affordable housing units are provided, the ratio of permanently affordable housing units that are for very-low income or low-income households shall be as follows:

a.    Very Low-income Households. Three out of five units provided or sixty percent of the units provided.

b.    Low-Income Households. Two out of five units provided or forty percent of the units provided.

c.    In determining the ratio of units where the remaining number of units are not a factor of five, the permanently affordable housing units provided shall be for very low-income households.

2.    Where four or fewer permanently affordable housing units are provided, all permanently affordable housing units shall be for very low-income households.

F.    Limit on the Number of Permanently Affordable Housing Units.

1.    No more than forty-five percent of the dwelling units in a permanently affordable housing development shall be permanently affordable housing units.

2.    Exemption. Nonprofit affordable housing developers and housing authorities that are defined as a “nonprofit entity” under RCW 84.36.560(f) are not subject to this limit.

G.    Additional Development Standards.

1.    Density and building height incentive developments shall provide one off-street parking space per unit of permanently affordable housing and otherwise provide parking consistent with TMC Chapter 18.50.

2.    Density and building height incentive developments shall provide permanently affordable housing units of a similar size and scale as the rest of the development’s units.

H.    Review Process.

1.    A developer who wishes to propose a permanently affordable housing project with incentives subject to this section shall file a complete application with the director that includes the following:

a.    A completed city of Tumwater application form setting forth the grounds for the permanently affordable housing project with incentives;

b.    Preliminary floor and site plans of the proposed project;

c.    Verification by oath or affirmation of the information submitted; and

d.    The required fees as established by resolution of the city council.

2.    All density or building height incentives developments shall be reviewed concurrently with a primary development to consider the proposed site plan and methods used to earn extra density or building height as follows:

a.    For the purpose of this section, a primary development is defined as a subdivision or short subdivision, or site plan review;

b.    When the primary development requires a public hearing, the public hearing on the primary development shall serve as the hearing on the density or building height incentives development, and the hearing examiner shall make a consolidated decision on the proposed development and use of density or building height incentives;

c.    When the primary development does not require a public hearing, the director shall administratively make a consolidated decision on the proposed development and use of density or building height incentives; and

d.    The notice for the density or building height incentives development also shall include the development’s proposed density or building height and a general description of the public benefits offered to earn extra density or building height.

3.    Permanently affordable housing development agreement. Prior to issuance of a building permit for any dwelling unit in a development for which permanently affordable housing bonus units have been awarded, the developer and property owner shall enter into a permanently affordable housing development agreement with the city to guarantee their continued use and availability to very low-income and low-income households. The terms and conditions of the agreement shall run with the land, be noticed to title, shall be binding upon the successor in interest of the developer and property owner, and shall be recorded in the office of the Thurston County recorder. The agreement shall include the following provisions:

a.    The deeds to the designated units shall contain language stating that the units shall be maintained as permanently affordable housing consistent with this section, and detailing the income level being served, rent levels, and requirements for reporting to the city.

b.    The deeds to the designated units shall state that the developer, property owner, or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests in the permanently affordable housing unit without the written approval of the city confirming the continued use of the designated units for very low-income and low-income households.

c.    The city shall have the authority to enter into other agreements with the developer, property owner, or purchasers of the permanently affordable housing units as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.

I.    Approval Process.

1.    The director may approve the application for the permanently affordable housing project with incentives if he/she finds that:

a.    The proposed permanently affordable housing project with incentives meets all the requirements of this section.

b.    The proposed project is or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved.

c.    The developer has completed the following items:

i.    For each permanently affordable housing bonus unit, covenants and deed restrictions shall be recorded in the office of the Thurston County recorder that specifies the income level being served, rent levels, and requirements for reporting to the city and shall be recorded at final project approval.

ii.    The permanently affordable housing development agreement shall be recorded in the office of the Thurston County recorder.

d.    The developer has complied with all standards and guidelines adopted by the city under this title.

J.    Minor Adjustments in Final Site Plans.

1.    When issuing building permits for an approved density or building height incentives developments, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not:

a.    Increase the number of dwelling units;

b.    Decrease the amount of perimeter landscaping (if any);

c.    Decrease residential parking facilities (unless the number of dwelling units is decreased);

d.    Locate structures closer to any site boundary line; or

e.    Change the locations of any points of ingress and egress to the site.

K.    Annual Compliance Review.

1.    Within thirty calendar days after the first anniversary of the date of the certificate of occupancy for the project and each year thereafter, the property owner shall file a notarized declaration with the director indicating the following:

a.    A statement of occupancy and vacancy of the permanently affordable housing multifamily units during the previous year;

b.    A certification that the property continues to be in compliance with the permanently affordable housing development agreement with the city and this chapter and, if applicable, that the property has been in compliance with the affordable housing requirements as described in subsection (I)(1)(c)(i) of this section since the date of the certificate of occupancy for project;

c.    A description of any subsequent improvements or changes to the property; and

d.    Any additional information requested by the city in regards to the permanently affordable housing units.

2.    City staff may also conduct on-site verification of the declaration.

3.    Failure to submit the annual declaration or to comply with the permanently affordable housing development agreement and covenants and deed restrictions shall result in an enforcement action by the city.

(Ord. O2020-005, Added, 03/16/2021)

18.42.150 Supportive housing facilities standards.

A.    Purpose and Applicability. The purpose of this section is to establish reasonable standards for the safe operation and appropriate siting of supportive housing facilities within the city, to protect the public health and safety for both supportive housing facility residents and the broader community.

As defined in TMC 18.04.180, “supportive housing facilities” includes emergency housing, emergency shelters, permanent supportive housing, and transitional housing in buildings or other permanent structures.

B.    Performance Standards.

1.    General Requirements for All Supportive Housing Facilities.

a.    General.

i.    When a site includes more than one type of supportive housing facility, the more restrictive requirements of this section shall apply.

ii.    Specific needs of each supportive housing facility will be reviewed through the development review process in TMC Title 14.

iii.    The community development director may modify one or more of the standards in this subsection, only when the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe supportive housing facility and benefit the community under the specific circumstances of the application. In considering whether the modification should be granted, the community development director shall first consider the effects on the health and safety of supportive housing facility residents and the neighboring communities. Modifications will not be granted if they would result in adverse impact on residents of the supportive housing facility and/or neighboring communities. The applicant must demonstrate the benefits of the modifications to the community development director.

iv.    All supportive housing facilities must comply with the provisions of the building and construction code under TMC Title 15 including Americans with Disabilities Act requirements.

b.    Site and Transit.

i.    Supportive housing facilities shall match the bulk and scale of residential uses allowed in the zone district where the supportive housing facility is located. The design, construction, appearance, physical integrity, and maintenance of the supportive housing facility shall provide an environment that is attractive, sustainable, functional, appropriate for the surrounding community, and conducive to tenants’ stability.

ii.    If provided, exterior lighting must comply with the standards in TMC 18.40.035 and elsewhere in this title and be directed downward, and glare must be contained within the supportive housing facility site to limit the impact on neighboring properties.

iii.    The use shall meet landscaping and off-street parking standards in TMC Chapters 18.47 and 18.50.

iv.    A description of transit, pedestrian, and bicycle access from the subject site to services must be provided at time of application by the sponsor and/or managing agency.

c.    Separation and Distance Conditions. Supportive housing facilities shall meet the following separation and distance conditions:

i.    Different types of supportive housing facilities may collocate on the same property with the same or different sponsors or managing agencies.

ii.    With the exception of collocated supportive housing facilities on the same property described in subsection (B)(1)(c)(i) of this section, no supportive housing facility shall be located closer than four hundred feet to another supportive housing facility whether such supportive housing facility is located within or outside the city limits. The distance shall be measured by following a straight line from the nearest point of public entry into the structure, which will house the proposed emergency housing and shelter to the nearest point of public entry into the structure housing another supportive housing facility. In the case of any supportive housing facility utilizing leased area or facilities, “property line” shall refer only to such leased area or facility.

d.    Supportive Housing Facility Operations.

i.    The sponsor or managing agency shall comply with all federal, state, and local laws and regulations, including Thurston County Department of Health regulations. The sponsor or managing agency shall be subject to inspections by local agencies and/or departments to ensure compliance and shall implement all directives resulting therefrom within the specified time.

ii.    The sponsor or managing agency must provide an operation plan at the time of the application that adequately addresses the following elements:

(A)    Twenty-four hours emergency contact information;

(B)    Roles and responsibilities of key staff;

(C)    Site/facility management, including security policies and an emergency management plan;

(D)    Site/facility maintenance, including provisions for a regular trash patrol in the immediate vicinity of the site;

(E)    Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;

(F)    Provision for human and social services, including staffing plan, credentials or certification, and outcome measures;

(G)    Outreach with surrounding property owners and residents and ongoing good neighbor policy; and

(H)    Procedures for maintaining accurate and complete records.

(I)    Provide a minimum and maximum time limit for occupation for transitional housing in the range of two weeks to twenty-four months. If the proposed time limit for the use is outside this range, the applicant shall follow the modification process in subsection (B)(1)(a)(iii) of this section.

iii.    Sponsors or managing agencies shall demonstrate applicable experience providing similar services to people experiencing homelessness.

iv.    Sponsors or managing agencies shall demonstrate a stable funding source for the supportive housing facility and any on-site or off-site human and social services offered as part of the operations plan.

v.    Managing agencies and the Tumwater police department shall establish reasonable requirements for appropriate coordination with the subject supportive housing facility and its residents.

2.    Additional Requirements for Emergency Housing and Emergency Shelters. In addition to the requirements under subsection (B)(1) of this section, emergency housing and emergency shelters are required to comply with the following:

a.    Facility Standards. In all zone districts, no less than the minimum area per occupant established by the building code is allowed, up to eighty residents.

b.    Facility Operations.

i.    Trash receptacles must be provided in multiple locations throughout the facility and site.

ii.    No children under the age of eighteen are allowed to stay overnight in the facility, unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to this population. If a child under the age of eighteen without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.

iii.    No person under court supervision or under sex offender registration requirements can receive services from a provider, unless providing such services is consistent with the laws, regulations, and/or supervisory requirements related to such persons.

c.    Facility Services.

i.    Residents shall have access to the following services on site; if not provided on site, transportation shall be provided:

(A)    For all supportive housing facilities, medical services, including mental and behavioral health counseling.

(B)    For emergency housing facilities, access to resources on obtaining permanent housing and access to employment and education assistance.

(C)    For emergency shelter facilities, substance abuse assistance.

ii.    All functions associated with the facility, including adequate waiting space, must take place within a building or on the site proposed to house the facility.

iii.    The number of toilets and other hygiene facilities required for each facility will be determined by the building official on a case-by-case basis in consultation with the Thurston County health department after a review of factors such as the potential number and composition of residents.

iv.    Facilities serving more than five residents shall have dedicated spaces for residents to meet with service providers.

v.    The sponsor or managing agency shall coordinate with the homelessness service providers for referrals to their program and with other providers of facilities and services for people experiencing homelessness to encourage access to all appropriate services for their residents.

3.    Additional Requirements for Permanent Supportive and Transitional Housing. In addition to the requirements under subsection (B)(1) of this section, permanent supportive housing and transitional housing are required to comply with the following:

a.    Facility Standards.

i.    In the RSR residential/sensitive resource, SFL single-family low density residential, SFM single-family medium density residential, and MHP manufactured home park zone districts, the following additional standards apply to permanent supportive and transitional housing:

(A)    Occupancy Limits. Permanent supportive and transitional housing shall be limited by the minimum area per occupant established by the building code for a single-family detached residence.

(B)    Occupancy Limit Exceptions. Additionally, special exceptions to the limit on the number of occupants of a permanent supportive and transitional housing may be granted for persons with disabilities.

(C)    Appearance. Permanent supportive and transitional housing are required to be a single-family structure compatible with the surrounding area.

(D)    Parking. Any parking spaces in excess of two shall be screened from public streets.

(E)    The single-family housing design standards of the citywide design guidelines shall apply to all facilities.

ii.    In the MFM multifamily medium density residential and MFH multifamily high density residential, zone districts, the following additional standards apply to permanent supportive housing:

(A)    Appearance. Permanent supportive housing facilities are required to maintain residential character.

(B)    Individual facilities shall not have more than forty dwelling units and are subject to the density standards of residential uses allowed in the zone district where the facility is located.

(C)    The multifamily housing design standards of the citywide design guidelines shall apply to all facilities with more than five dwelling units.

b.    Facility Services.

i.    All residents shall have access to appropriate cooking and hygiene facilities.

ii.    Facilities serving more than five dwelling units shall have dedicated spaces for residents to meet with service providers.

iii.    Residents shall have access to the following services on site or shall be provided transportation to such services by the sponsor or managing agency:

(A)    Medical services, including mental and behavioral health counseling.

(B)    Employment and education assistance.

(Ord. O2021-019, Added, 01/18/2022)