It is the intent of this Chapter to implement the State of Washington Growth Management Act and its guidelines, the Countywide Planning Policies, and the Olympia Comprehensive Plan by:

A.    Protecting critical areas, associated buffers, and their functions, and values while allowing reasonable use of property by:

1.    achieving no net loss of critical areas values and functions;

2.    directing activities not essential in such areas to other locations;

3.    providing for review of proposed uses and activities on properties containing critical areas or their buffers to achieve compliance with standards designed to minimize impacts to critical areas and associated buffers; and

4.    providing for mitigation of unavoidable impacts;

B.    Establishing enforcement tools and processes designed to deter activities in violation of this chapter and provide for remedial action for unauthorized impacts to critical areas and their buffers;

C.    Maintaining groundwater recharge and preventing the contamination of groundwater resources;

D.    Minimizing damage due to landslides, seismic events, erosion or flooding;

E.    Protecting natural flood control and stormwater storage from alterations to drainage or stream flow patterns;

F.    Protecting wildlife habitat and species where possible throughout the City;

G.    Controlling siltation, protecting nutrient reserves and maintaining stream flows and stream quality for fish and marine shellfish;

H.    Minimizing turbidity and pollution of wetlands, streams and fish-bearing waters and maintaining their associated wildlife habitat;

I.    Protecting the general public against avoidable losses from:

1.    Property damage and the cost of replacing public facilities,

2.    Subsidizing public mitigation of avoidable impacts, and

3.    The cost for public emergency rescue and relief operations;

J.    Identifying and mapping critical areas so that this information is available to appraisers, planners, assessors, owners, and potential buyers and lessees of property;

K.    Assisting property owners in developing their property consistent with this Chapter by promoting the use of innovative land use techniques.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    This Chapter shall constitute the City of Olympia development regulations for the following critical area categories:

1.    General Provisions and standards which apply to the critical area categories are contained in OMC 18.32.100,

2.    Critical Aquifer Recharge Areas are covered in Drinking Water (Wellhead) Protection Areas provisions contained in OMC 18.32.200,

3.    Important Habitats and Species provisions are contained in OMC 18.32.300,

4.    Stream and Priority Riparian Areas provisions are contained in OMC 18.32.400,

5.    Wetlands provisions are contained in OMC 18.32.500, and

6.    Geological Hazard Areas provisions are contained in OMC 18.32.600.

B.    The development regulations for Frequently Flooded Areas are contained in OMC 16.70.

C.    The development regulations for Erosion Hazards Areas are contained in OMC 13.16 and OMC 18.32.650-655.

D.    The development regulations for Drinking Water (Wellhead) Protection Areas are contained in OMC 18.32.200 and 18.40.080.

E.    The development regulations for Marine Shorelines and Lake Shorelines as defined by the Shoreline Management Act are contained in the City’s Shoreline Master Program.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6942 §5, 2014; Ord. 6886 §23, 2013; Ord. 6356 §5, 2005).

A.    The city shall regulate all uses, activities, and development within critical areas and the corresponding buffers and setbacks. Additional requirements specific to a particular critical area are found in the sections for that critical area category (e.g., Landslide Hazard Areas, Wetlands). Compliance is required for both the general provisions regulations and those contained within the particular critical area category.

B.    The particular critical area category may include limitations on uses and activities which are specific to that critical area. Listing of various uses or activities within the critical area category does not authorize these if prohibited by another provision of the Olympia Municipal Code.

C.    No action shall be undertaken by any person that results in any alteration of a critical area or its buffer except in compliance with the requirements, purpose and intent of this Chapter.

D.    Each regulated use and activity requiring either an administrative review or permit shall obtain written authorization from the Department prior to undertaking the activity.

E.    Special reports shall be prepared pursuant to OMC Section 18.32.115 prior to approval of development proposals in order to evaluate any potential adverse environmental impacts upon the critical area.

F.    Mitigation required by this Chapter shall be incorporated into the project except in cases where an alternative mitigation has been considered by the Department or the Hearing Examiner and found to be equal to or better than the requirements, and meets the purpose and intent of the Chapter.

G.    The Department may approve, approve with conditions or deny permits and approvals in order to carry out the purpose and intent of this Chapter.

H.    Approval of or exemption of a development proposal pursuant to the provisions of this Chapter does not discharge the obligation of the applicant to comply with the procedural and substantive provisions of this Chapter.

I.    These critical areas regulations shall be in addition to zoning and other regulations adopted by the City. Compliance with other regulations does not exempt the applicant from critical areas regulations. In the event of any conflict between these regulations and any other City regulations, those regulations which provide the greater protection to critical areas shall apply. Regulations can apply simultaneously and not be a conflict.

J.    Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing regulation, easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas shall apply.

K.    Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development or conditional use permits, shoreline variances, the Washington State Department of Fish and Wildlife hydraulic project approval (HPA), Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

The following activities and developments are exempt from the provisions of this chapter. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas, such as observing any seasonal moratorium on alterations. An exemption from this chapter is not an endorsement to degrade a critical area; ignore risk from natural hazards; or otherwise limit the ability of the Department to identify and abate such actions that may cause degradation to a critical area.

A.    Operation, maintenance, or repair of existing public improvements, utilities, public or private roads, parks, trails, or drainage systems if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair, and no new clearing of native vegetation beyond routine pruning.

B.    Development involving or near artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, or swales created as mitigation or that provide habitat for salmonids.

C.    Normal maintenance and repair, reconstruction or remodeling, and additions to existing structures that do not increase the previously approved building footprint.

D.    Development within the footprint of existing paved surfaces that were previously approved.

E.    Educational and scientific research and investigative or exploratory activities such as wetland delineation or soil boring that do not require grading or placement of structures.

F.    Passive recreation such as fishing, hiking or bird watching.

G.    Removal by hand of invasive and noxious vegetation, which does not include using mechanical equipment or the use of herbicides. Invasive vegetation removal on steep slopes with the potential for erosion should use erosion control practices, followed by planting of native species to ensure slope stability.

H.    Non-commercial signs associated with critical areas, including interpretive signs, Critical Area boundary signs as provided in OMC 18.32.145, and survey markers.

(Ord. 7030 §1 (Exh. A), 2016).

A.    If the application of this Chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section.

B.    An application for a public agency and utility exception shall be made to the City and shall include a critical area report including mitigation plan, if necessary; and any other related project documents such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act. The Department shall prepare a recommendation to the Hearing Examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with the criteria in OMC 18.32.112(D).

C.    The Hearing Examiner shall review the application and Department recommendation, and conduct a public hearing pursuant to the provisions of OMC 18.82. The Hearing Examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the public agency and utility exception criteria in OMC 18.32.112(D).

D.    The criteria for review and approval of public agency and utility exceptions follow:

1.    There is no other practical alternative to the proposed development with less impact on the critical areas;

2.    The application of this Chapter would unreasonably restrict the ability to provide utility services to the public;

3.    The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

4.    The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and

5.    The proposal is consistent with other applicable regulations and standards.

E.    The burden of proof shall be on the applicant to provide sufficient information and bring forth evidence in support of the application.

(Ord. 7030 §1 (Exh. A), 2016).

The applicant requesting a critical areas review or approval for a development proposal on a site which includes or is near one or more critical areas shall submit a report containing the following:

A.    The name and contact information of the applicant, a description of the proposal, and identification of the permit requested;

B.    A copy of the site plan for the development proposal including:

1.    A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and

2.    A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations.

C.    The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

D.    Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;

E.    A statement specifying the accuracy of the report, and all assumptions made and relied upon;

F.    An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development;

G.    A description of reasonable efforts made to apply mitigation sequencing pursuant to OMC 18.32.135 to avoid, minimize, and mitigate impacts to critical areas;

H.    Plans for adequate mitigation, as needed, pursuant to OMC 18.32.136.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Applications to undertake a use or activity within a critical area or its buffer which requires review by the Department shall be made on forms furnished by the Department and include information identified in the City of Olympia Application Content Lists, as amended.

B.    Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request a written determination from the Department. Such a request for determination shall contain plans, data and other information as may be specified by the Department.

C.    Any person intending to apply for authorization to undertake a regulated use or activity within a critical area is encouraged to meet with the Department as early as possible during the project planning stage. Efforts put into pre-application consultations will help applicants create projects that require less time to review and are more easily processed.

D.    The Department may waive one or more of the reports of this Chapter:

1.    If the information is contained in another form submitted to the City,

2.    If the Department already has adequate information regarding the critical area, or

3.    If the nature of the project and its impacts are generally known, or the impacts of the project have been mitigated.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

In evaluating a request for a development proposal on a site which includes or lies near a critical area as described in OMC 18.32.110, the Department shall:

A.    Confirm the nature and type of the critical areas by an on-site inspection and evaluate any special reports;

B.    Request that an interdisciplinary team evaluate a project if conditions warrant;

C.    Determine whether the development proposal is consistent with this Chapter, by granting, denying or conditioning projects;

D.    Make recommendations to the Hearing Examiner for projects requiring a Hearing Examiner review;

E.    Determine whether proposed alterations to critical areas are allowed by the standards contained in this Chapter or are necessary to allow reasonable use of the property as outlined in OMC 18.66.040; and

F.    Determine if any protection mechanisms, mitigation measures, monitoring plans, or financial surety measures are required to protect the public health, safety and welfare consistent with the purpose and intent of this Chapter, and if so, condition the permit or approval accordingly.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Within all critical area categories, "a public project of significant importance" may be authorized only by the Hearing Examiner after a public hearing.

B.    The Hearing Examiner shall review other uses and activities as listed in the particular critical area category.

C.    Hearing Examiner approval may be conditioned upon the implementation of mitigating measures determined necessary to ensure adequate protection of the public, critical area category, and purpose and intent of this Chapter.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Applicants shall demonstrate that all reasonable alternatives have been examined with the intent to avoid and minimize impacts to critical areas. When alteration to a critical area is proposed, the alteration shall be avoided, minimized, or compensated in the following order of preference:

1.    Avoiding the impact altogether by not taking a certain action or parts of an action;

2.    Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3.    Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4.    Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5.    Compensating for the impact by replacing, enhancing or providing substitute resources or environments;

6.    Monitoring the impact and taking appropriate corrective measures.

Mitigation for individual actions may include a combination of the above measures.

B.    Unavoidable impacts to critical areas often can and should be minimized by sensitive site design and deliberate actions during construction and implementation.

C.    In addition to meeting the standards of the underlying zone, the Department may require the use of more restrictive mitigation techniques described as follows:

1.    Limitation of building and development coverage;

2.    Setbacks or buffers;

3.    Size of lots and development sites;

4.    Height limits;

5.    Density limits;

6.    Time limits;

7.    Restoration of ground cover and vegetation;

8.    Creation of critical area tracts;

9.    Innovative design or construction methods;

10.    Signing, fencing, and limitation of access;

11.    Notice of conditions placed on the title of the property;

12.    Provisions for access or rights-of-way;

13.    Financial surety; and/or

14.    Other measures for environmental protection.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §13, 2006; Ord. 6356 §5, 2005).

When mitigation is required, the applicant shall submit for approval by the Department a mitigation plan as part of the critical area report. The mitigation plan shall include:

A.    A written report identifying environmental goals and objectives of the mitigation proposed and including:

1.    description of the anticipated impacts to the critical areas, the mitigating actions proposed and the purposes of the mitigation measures, including the site selection criteria; identification of mitigation goals; identification of resource functions; and dates for beginning and completion of site mitigation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;

2.    review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring, enhancing, or creating the type of critical area proposed; and

3.    analysis of the likelihood of success of the mitigation project.

B.    Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this Chapter have been met.

C.    Written specifications and descriptions of the mitigation proposed, such as:

1.    the proposed construction sequence, timing, and duration;

2.    grading and excavation details;

3.    erosion and sediment control features;

4.    a planting plan specifying plant species, quantities, locations, size, spacing, and density; and

5.    measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

D.    A program for monitoring construction of the mitigation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years 1, 3, 5, and 7 after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the mitigation project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not less than five (5) years.

E.    Identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

F.    Financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented, including fulfillment of the mitigation project, monitoring program, and any contingency measures.

G.    Each critical area in this Chapter may require additional mitigation plan information.

(Ord. 7030 §1 (Exh. A), 2016).

A.    As a condition of a binding site plan, short plat, large lot subdivision, planned residential development, or subdivision, the applicant may be required to create a separate critical area tract or tracts containing critical areas or their buffers as defined by this Chapter.

B.    Critical area tract or tracts shall be subject to either:

1.    A conservation easement for the protection of native vegetation within a critical area and/or its buffer dedicated to the City or other appropriate public, nonprofit, or private entity (e.g., land trust) with a demonstrated record of land conservation and approved by the Department;

2.    A deed restriction recorded on the Chapter of all lots containing a critical area tract or tracts created as a condition of the permit; or

3.    Limiting conditions on the face of the recorded plat or binding site plan.

C.    The deed restriction language shall be substantially similar to the following:

"Note: Before beginning and during the course of any grading, building construction, or other development activity, on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the Olympia Community Planning and Development Department."

D.    Responsibility for maintaining the tracts shall be held by an entity approved by the Department, such as a homeowners’ association, adjacent lot owners, the permit applicant or designee, or other appropriate entity.

E.    A note substantially similar to the following shall appear on the face of all plats, short plats, planned residential developments, or other approved site plans containing separate critical area tracts, and shall be recorded on the title of all affected lots:

"Note: The ____________ is responsible for maintenance and protection of the critical area tracts. Maintenance includes ensuring that no alterations occur and that all vegetation remains undisturbed unless the express written authorization of the Olympia Community Planning and Development Department has been received."

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Permanent fences with signs or other access limiting features may be required on the perimeter of critical area buffers of hazardous or sensitive critical areas. Signs and fences must be maintained by the property owner in perpetuity.

B.    The perimeter between the critical area buffer and those areas to be disturbed pursuant to a permit or authorization shall be marked in the field, and inspected by the Department prior to the commencement of permitted activities. This temporary marking shall be maintained throughout the duration of the permit.

C.    Any sign shall be made of wood or metal and attached to a wood or metal post or another material of equal durability and posted at an interval of one per lot or every fifty feet, whichever is less, with the following or with alternative language approved by the Director:

"(Critical Area)

Protected by Law

Contact City of Olympia Community Planning & Development

for Information"

D.    The fence shall be visually open and constructed to allow animal passage.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    The property owner shall record a notice approved by the Department with the Thurston County Auditor.

B.    This notice will provide notice in the public record of the presence of a critical area or its buffer, the application of this Chapter to the property, and limitations on uses and activities within or affecting this area.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Authorization to undertake regulated activities within critical areas or their buffers shall be valid for a period of twelve (12) months from the date of issue unless a longer or shorter period is specified by the Department upon issuance of the permit.

B.    For all administrative permits, an extension of an original permit may be granted upon written request to the Department by the original permit holder or the successor in title.

C.    Prior to the granting of an extension, the Department may require updated studies and/or additional hearings if, in its judgment, the original intent of the permit would be altered or enlarged by the renewal, if the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    In those cases where there are differences in the degree of environmental protection imposed by this Chapter and that of other city ordinances or state or federal laws, the more restrictive shall prevail.

B.    Where two or more critical areas overlap, the requirements of the more restrictive critical area shall apply.

C.    When a critical area is also defined by OMC 18.20 as a shoreline, all applicable regulations shall apply.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer.

B.    The person or agency responsible for the emergency action shall undertake good faith efforts to notify the Department prior to taking action and shall report to the Department within one (1) working day after commencement.

C.    Within thirty (30) days, the Department will determine if the action taken was within the scope of the emergency actions allowed in this subsection.

D.    If the Department determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions contained in OMC 18.73 and 4.44 shall apply.

E.    Within thirty (30) days of the decision in 18.32.165.C, the person or agency undertaking the action shall:

1.    Submit all required applications and reports as would be required for a critical areas review. This application packet shall be reviewed in accordance with the review procedures contained within this Chapter; and

2.    Fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan.

F.    Restoration and/or mitigation activities must be initiated within and completed in a timely manner. Seasonal delays (such as not working in fish-bearing streams during spawning season) are acceptable.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    The Department shall maintain a set of critical area maps for each critical area category (e.g., landslide hazard area, wetlands).

B.    The boundaries of those critical areas shall be defined in this Chapter.

C.    Additions or corrections to those critical area maps shall be made as necessary when additional site specific information is available.

D.    If there is a conflict between a boundary on the map and the criteria set forth in this Chapter, the criteria shall control.

E.    Omission of a site from a critical area map does not and shall not exempt that site from complying with otherwise applicable provisions of this Chapter.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    When a critical area or its buffer has been altered in violation of this Chapter, the City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this Chapter.

B.    When a stop work order is issued by the City, the affected development work shall remain stopped until the owner prepares a restoration plan which is approved by the City. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in Subsection (C). The Department may, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

C.    Minimum Performance Standards for Restoration

1.    For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area, provided that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:

a.    The historic structural and functional values shall be restored, including water quality and habitat functions;

b.    The historic soil types and configuration shall be replicated;

c.    The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and

d.    Information demonstrating compliance with the mitigation plan requirements for a particular critical area shall be submitted to the Department

2.    For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area, provided that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

a.    The hazard shall be reduced to a level equal to, or less than, the pre-development hazard;

b.    Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

c.    The hazard area and buffers shall be replanted with native vegetation, sufficient to minimize the hazard.

(Ord. 7030 §1 (Exh. A), 2016).

Protection of groundwater and related critical aquifer recharge areas is necessary to prevent contamination of drinking water and to provide critical recharging effects on streams, lakes, and wetlands that provide critical fish and wildlife habitat. To protect the public health and safety, prevent the degradation of groundwater used for potable water, provide for regulations that prevent and control risks to the degradation of groundwater, and to prevent negative effects on streams, lakes, and wetlands, drinking water (wellhead) protection areas shall be subject to the standards described in OMC 18.32.205 through 18.32.240.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §8, 2009; Ord. 6356 §5, 2005).

A.    "Drinking Water (Wellhead) Protection Area" shall include the surface and subsurface area surrounding a water well or well field supplying a public water supply system with over one thousand (1,000) connections through which contaminants are reasonably likely to move toward and reach such well or well field within six (6) months, and one (1), five (5), and ten (10) years; for which the water purveyor has adopted a wellhead protection plan; and which said plan has been either formally proposed by the City to the Washington Department of Health pursuant to WAC 246-290-135 (3) and WAC 246-290-100 (2) or approved by the Washington State Department of Health.

The periods of time (six months and one, five and ten years) for movement of a contaminant toward a drinking water well define "time-of-travel zones." These zones establish areas around a drinking water source within which these wellhead protection measures apply.

An Extended Capture Zone can be designated outside the ten year zone if it is determined that surface water flows within that zone will discharge into the Wellhead Protection Area. All of the capture zones are considered part of the Drinking Water (Wellhead) Protection Zone.

Maps adopted pursuant to WAC 246-290-135 (3) and WAC 246-290-100 (2) which are hereby adopted by reference as though fully set forth herein, shall constitute the Drinking Water (wellhead) Protection Areas. Three copies of these maps shall be kept on file in the office of the City Clerk.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6886 §24, 2013; Ord. 6648 §9, 2009; Ord. 6356 §5, 2005).

The following activities shall be exempt from the review requirements of this critical area category:

A.    Agriculture, existing and ongoing; except in conditions described in OMC 18.32.240;

B.    Boundary line adjustments;

C.    Building projects for individual, single family residences or duplexes connected to a sanitary sewer;

D.    Conservation or preservation of soil, water, vegetation and wildlife in consultation with the Natural Resources Conservation Service, Washington Department of Fish and Wildlife, or other appropriate federal or state agency;

E.    Grading permit for less than five hundred (500) cubic yards of material;

F.    Installation, replacement, alteration or construction and operation in improved city road right-of-way of all water or electric facilities, lines, equipment or appurtenances but excluding substations and the application of chemical substances;

G.    Installation, replacement, alteration or construction and operation in improved city road right-of-way of all natural gas, cable communications and telephone facilities, lines, pipes, mains, equipment or appurtenances, but excluding the application of chemical substances;

H.    Location of boundary markers;

I.    Passive noncommercial outdoor recreation activities that have no impact on aquifer recharge, such as bird watching or hiking;

J.    Nondevelopment educational activities and scientific research;

K.    Normal and routine maintenance or repair of existing utility structures or right-of-way, excluding the application of chemical substances; and

L.    Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §10, 2009; Ord. 6356 §5, 2005).

A.    Expansion or development of the following uses shall be prohibited within a designated drinking water (wellhead) protection area:

1.    Landfills (municipal sanitary solid waste and hazardous waste, demolition (inert) and wood waste);

2.    Chemical/Hazardous waste reprocessing transfer, storage and disposal facilities;

3.    Wood and wood products preserving/treating;

4.    Chemical (including pesticides) manufacturing, processing, mixing, and storage;

5.    Gas stations without attendant;

6.    Pipelines - liquid petroleum projects or other hazardous liquid transmission;

7.    Solid waste processing;

8.    Electroplating, metal plating;

9.    Manufacturing - electrical/electronic;

10.    Petroleum products refining, reprocessing and related storage [except underground storage of heating oil or agricultural fueling in quantities less than one thousand one hundred (1,100) gallons for consumptive use on the parcel where stored];

11.    Land spreading disposal facilities (as defined by WAC 173-304 and 173-308);

12.    Cemeteries; and

13.    Vehicle wrecking/junk/scrap/salvage yards.

B.    Expansion or development of the following uses within the six (6) month and one (1) year time-of-travel zone of a designated drinking water (wellhead) protection area shall be prohibited:

1.    Agriculture operations with over two hundred (200) animal units;

2.    Gas stations with attendants,

3.    Confined animal feeding operations including, but not limited to dairies, stables, horse boarding/training, auction facilities, feedlots, poultry raising;

4.    Funeral facilities and taxidermy (not connected to a sanitary sewer);

5.    Maintenance/fueling facilities including but not limited to municipal, county, school district, transit, airports, railroads, buses;

6.    Hazardous waste transfer and storage facilities, including radioactive wastes as defined in Chapter 43.200 RCW;

7.    Fertilizer storage facilities;

8.    Storage tanks, underground;

9.    Solid waste handling, transferring, recycling;

10.    Asphalt/cement/concrete plants;

11.    Furniture staining/fabricating with hazardous materials;

12.    Machine shops, metal finishing/fabricating.

13.    Metal processing with etchers and chemicals;

14.    Wastewater reuse facilities/wastewater recycling satellite plant; and

15.    All other activities involving the use, handling, or storing of hazardous materials or generating hazardous materials by the activities or action in quantities exceeding the threshold in 18.32.235 (B).

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §11, 2009; Ord. 6356 §5, 2005).

A.    All other uses and activities (those not listed in OMC 18.32.210 Exempt Uses and Activities, and OMC 18.32.215 Prohibited Uses and Activities) are subject to minimum mitigation standards as outlined in OMC 18.32.225 and further review by the Department in consultation with the Thurston County Health Officer. The Department shall determine whether the use or activity will ensure adequate protection of the source water supply, after a review of the hydrogeological reports, if required, as outlined in OMC 18.32.230.

B.    Administrative approval may be conditioned upon the implementation of mitigating measures which the Department determines are needed to ensure adequate protection of the source water supply.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §12, 2009; Ord. 6356 §5, 2005).

A.    Every application for a non-exempt development permit within a drinking water (wellhead) protection area shall meet these minimum standards for mitigation:

1.    If the development proposal indicates the use, storage, handling or disposal of hazardous materials above the minimum quantity thresholds listed in OMC 18.32.235, the applicant shall submit a hazardous materials management (spill) plan as outlined in OMC 18.32.235.

2.    Landscaping and irrigation plans that mitigate the leaching of soluble contaminants into groundwater. These plans shall meet the requirement of OMC 18.36 and in addition incorporate the following requirements:

a.    Within the landscaping plans, the Agreement to Maintain Stormwater Facilities, and the Conditions, Covenants and Restrictions regarding fertilizers, insert the following specific passage, "Only slow-release fertilizers shall be applied for the life of the development at a maximum amount of 4 lbs of nitrate as nitrogen annually and no more than 1 lb per application for every 1,000 square feet of turf grass. Only fertilizer formulas with a minimum of 50% water-insoluble form of nitrogen are permitted for use. Approved water-insoluble forms of nitrogen include sulfur-coated and/or polymer-coated fertilizers, isobutylidene diurea (IBDU), methylene urea and ureaform, and organic fertilizers registered with the Washington Department of Agriculture."

b.    The total turf area of the development will be limited to 25% of the total regulated landscaped area. All additional plantings will include native and/or drought tolerant plants as listed in the Thurston County Common Sense Gardening Plant List or a similar list approved by the Washington Department of Agriculture.

c.    Irrigation systems shall be designed and managed to maximize efficient use of water. Lawns will not be watered more than 1 inch per week over the area of turf. An irrigation consultation will be required at the time the irrigation system is installed to determine application rates and system uniformity. Consultations will be conducted by an Irrigation Association Certified Landscape Irrigation auditor.

d.    Integrated Pest Management Plans as required by Thurston County for any land use projects located within a City of Olympia delineated well head capture zone.

3.    A well inventory report. Any existing wells shall be identified on a map, with an assessment of their condition, photographs and well logs (if available). Wells that are not being used for ongoing domestic water use, irrigation or monitoring will be decommissioned by the applicant following the procedures in Chapter 173-160 WAC.

4.    Grant to the Department permission to access the development for the purposes of:

a.    Providing pollution prevention outreach to residents, employees, and contractors. Outreach may include but is not limited to: interpretive sign installation, model home displays, demonstration sites, conducting interviews and surveys, observing practices, and distributing informational materials.

b.    Ensuring compliance with items described under this section OMC 18.32.225.

c.    The grant of access shall be included in the Stormwater Operations and Maintenance Agreement and the Conditions Covenants, and Restrictions for the project.

B.    A dedicated groundwater monitoring well or wells may be required in situations where infiltration of stormwater is proposed or where other groundwater contamination risks or water quality or water level monitoring needs are identified by the Department. The wells will be installed and equipped with a dedicated pump and dedicated groundwater level pressure transducer and data logger by the applicant to City standards. Within 60 days after installation, the developer must demonstrate to the satisfaction of the Department that installed equipment functions as intended, consistent with Chapter 6 of the Engineering Design and Development Standards for groundwater monitoring wells. The developer must submit a report to the Department within 60 days of well completion with detailed information about the well including location, name of drilling company, date drilled and completed, borehole log, well construction log, depth to groundwater, any water quality sample results, and copies of documents required by the Washington State Department of Ecology as related to the well. Once the well passes City inspection, it will become part of the City’s groundwater monitoring network of wells, to be monitored as needed by the City

C.    The city may allow alternatives to the minimum mitigation standards described in this section in unique conditions and on a case-by-case basis when the applicant demonstrates that the proposed alternative mitigation measure(s) will be adequate to protect the drinking water source.

1.    The alternative mitigation measure(s) must be based on the best available science; and

2.    The project must be evaluated by a Hydrogeological Report as described in OMC 18.32.230, if required by the Department.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6886 §25, 2013; Ord. 6648 §13, 2009; Ord. 6356 §5, 2005).

A.    If the Department determines that where risks from on-site activities within a drinking water protection area are not well known, or where site specific assessment is necessary to determine mitigation levels above the minimum standards outlined in OMC 18.32.225, a Hydrogeological Report shall be required. This report shall identify the proposed development plan and the risks associated with on-site activities which may degrade the groundwater within a designated wellhead protection area.

B.    This report shall be prepared, signed, and dated by a licensed geologist or hydrogeologist, consistent with Chapter 18.220 RCW.

C.    A Hydrogeological Report shall contain:

1.    Information sources;

2.    Geologic setting, including well logs or borings;

3.    Background water quality;

4.    Groundwater elevations;

5.    Location and depth of perched water tables and water-bearing aquifers;

6.    Recharge potential of site soils;

7.    Groundwater flow direction and gradient;

8.    Available data on wells located within 1/4 mile of the site;

9.    Available data on springs within 1/4 mile of the site;

10.    Permanent and seasonal surface water body locations and recharge potential;

11.    Any proposed monitoring or sampling schedules;

12.    Analysis of the possible effects on the groundwater resource by the proposed project including the storage or use of any hazardous materials;

13.    Discussion of potential mitigation measures, should it be determined that the proposed project will have an adverse impact on groundwater resources;

14.    Information required under Washington Department of Ecology Publication 05-10-028, as amended; and

15.    Any other information as required by the Department.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §14, 2009; Ord. 6356 §5, 2005).

A.    The Department in consultation with the Thurston County Health Officer shall request that an owner of any existing use which is located within a designated drinking water protection area, which uses, stores, handles or disposes of hazardous materials above the minimum cumulative quantities listed within this section submit a hazardous materials management (spill) plan that will ensure adequate protection of the aquifer and any domestic water supply. This plan shall be reviewed and updated as needed, and conditions under this plan shall be met on an ongoing basis.

Hazardous materials management (spill) plans shall include, at a minimum, the following:

1.    A brief description of business activities and a list and map of the locations, amounts, and types of hazardous materials, hazardous waste and petroleum products, used or stored on site;

2.    A description of inspection procedures for hazardous material storage areas and containers and the minimum inspection intervals. An inspection logbook shall be maintained for periodic review by the county;

3.    Provision of an appropriate spill kit with adequate spill supplies and protective clothing;

4.    Detailed spill cleanup and emergency response procedures identifying how the applicant will satisfy the requirements of the Dangerous Waste Regulations, Chapter 173-303 WAC, in the event that hazardous material is released into the ground, ground water, or surface water;

5.    Procedures to report spills immediately to the Department of Ecology and the Environmental Health Division of the Thurston County Public Health and Social Services Department, in that order;

6.    A list of emergency phone numbers (e.g., the local fire district and ambulance);

7.    Procedures to ensure that all employees with access to locations where hazardous materials are used or stored receive adequate spill training. A training logbook shall be maintained for periodic review by the county;

8.    A map showing the location of all floor drains and any hazardous material and petroleum product transfer areas; and

9.    Additional information determined by the approval authority to be necessary to demonstrate that the use or activity will not have an adverse impact on ground water quality.

10.    Liquid, soluble, or leachable hazardous materials, shall be stored in a secondary contaminant device or system that will effectively prevent discharge on-site.

B.    Any existing use that uses, stores, handles or disposes of hazardous materials above these minimum cumulative quantities will meet requirements described in OMC 18.32.235(A) above:

1.    Chemical substances that are ignitable, corrosive, reactive or toxic, consistent with WAC 173-303-090, as amended, except as provided for below. Minimum cumulative quantity: 160 pounds or the equivalent of 20 gallons.

2.    Cleaning substances for janitorial use or retail sale in the same size, packaging and concentrations as a product packaged for use by the general public. Chlorinated solvents and nonchlorinated solvents which are derived from petroleum or coal tar will not be considered a cleaning substance under this subsection, but rather a chemical substance under subsection (B)(1) of this section. Minimum cumulative quantity: eight hundred (800) pounds [or the equivalent one hundred (100) gallons], not to exceed fifty-five (55) gallons for any single package.

3.    Businesses which use, store, handle or dispose of chemicals listed in WAC 173-303-9903 as "P" chemicals. Minimum cumulative quantity: two and two tenths (2.2) pounds.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §15, 2009; Ord. 6356 §5, 2005).

A.    The Department, upon request of the Thurston County Health Officer, or based upon good cause and with reasonable expectations of risk to groundwater, shall request that the owner of an existing agricultural use located within a designated drinking water protection area develop and implement a Farm Conservation Plan.

B.    Where a Farm Conservation Plan has been requested, such plan shall be prepared in conformance with the Natural Resources Conservation Service - Field Office Technical Guide. The Department may solicit advice from the Thurston Conservation District with regard to consistency of a Farm Conservation Plan with the Technical Guide. Only those portions of the Farm Conservation Plan which are related to groundwater protection must be implemented to comply with this standard.

C.    The Farm Conservation Plan shall include the following:

1.    A resource inventory which includes livestock types/numbers, soil types, surface water and groundwater issues and location of wells;

2.    A management plan for manure storage on site, or manure export off-site;

3.    Adequate setbacks from surface water and wells;

4.    Heavy use protection in confinement areas; and

5.    A management plan that addresses if and when fertilizers, manure, pesticides and/or herbicides may be applied.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6648 §16, 2009; Ord. 6356 §5, 2005).

In order to preserve and protect important habitats and important species which are known to occur in Thurston County and which may be found within the City of Olympia, and which are not already protected by another critical area category, appropriate protection of an important habitat or species location shall be subject to the standards in OMC 18.32.305 through OMC 18.32.330. Protection in lake and marine shorelines is regulated under the City of Olympia Shoreline Master Program, Chapter 18.20 OMC.

(Ord. 7090 §5, 2017; Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

"Important habitats and species" are habitats or species known to occur within Thurston County and which may be found within the City of Olympia and which are not receiving habitat protection by another critical area category (e.g. Streams, Wetlands, or Landslide Hazard Areas) in this Chapter and:

A.    Are designated as endangered or threatened species identified under the Endangered Species Act; or

B.    Are state priority species identified on the Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species (PHS) List and their habitats of primary association. (Consult the state WDFW for the current PHS list); or

C.    Are designated as "locally important habitat or species" pursuant to OMC 18.32.327; or

D.    Are areas in Olympia that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness.

E.    Small lakes, defined as naturally existing bodies of standing water less than twenty acres in size that exist on a year-round basis in a depression of land or expanded part of a stream and not defined as "Shorelines of the State" by RCW 90.58 (Shoreline Management Act), are considered an "important habitat." This term does not apply to constructed ponds.

(Ord. 7090 §6, 2017; Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    No development shall be allowed in an important habitat and species area as defined in OMC 18.32.305 without approval from the Department. The Department may restrict the uses and activities of a development proposal, such as construction restrictions during breeding season, when the proposal is located within one thousand (1,000) feet of an important habitat or species location.

B.    The minimum performance standards that apply to a development proposal shall be those provided by the Washington Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitat and Species (1991), as amended, and the requirements in OMC 18.32.115, except as modified on the basis of an Important Habitat and Species Management Plan described in OMC 18.32.330.

(Ord. 7090 §7, 2017; Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

The Department shall establish buffers for the habitat or species on a case-by-case basis, in consultation with the WDFW or others with expertise if needed, based on the critical area report outlined in OMC 18.32.115 and the WDFW management recommendations for Washington’s priority habitats and species, if available. The buffers shall reflect the sensitivity of the specific habitat(s) and/or species to be protected.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    Additional species of local importance may be designated pursuant to OMC 18.70.190, zoning text amendment.

B.    In addition to the decision criteria of OMC 18.59.050, a species may be designated locally important only if it demonstrates the following characteristics:

1.    Local populations of native species are in danger of extirpation based on existing trends and best available science:

a.    Local populations of native species that are likely to become endangered; or

b.    Local populations of native species that are vulnerable or declining;

2.    The species or habitat has recreation, commercial, game, tribal, or other special value;

3.    Long-term persistence of a species is dependent on the protection of the species through the provisions of this part;

4.    Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the City; and

5.    Without protection, there is a likelihood that the species or habitat will be diminished over the long term.

C.    Effect of Designation. Designation of a species of local importance under this section shall not impact projects or proposals with a vested application or approved permit.

(Ord. 7090 §8, 2017).

Great Blue Heron Rookeries

A.    Definitions

1.    Great Blue Heron Nesting Season means February 15 through August 31.

2.    Great Blue Heron Nesting Colony means the area inside the line created when the outermost nesting trees are connected. This line is the nesting colony boundary of two or more nests.

3.    Great Blue Heron Core Zone means the area consisting of the great blue heron nesting colony and the year-round buffer.

4.    Great Blue Heron Management Area means the area consisting of a great blue heron nesting colony, the year-round buffer, and the seasonal buffer.

5.    Screening Tree means a tree that is within a direct line of sight between structures or development and the nesting area, and/or a tree that blocks the visibility of the nesting colony from structures or development during any part of the year, and within the great blue heron management area.

B.    Buffers and Measurements

1.    The year-round buffer is 200 feet, measured from the nesting colony boundary, subject to the reasonable use exception provisions of OMC 18.66.040.

2.    The seasonal buffer is an additional 300 feet, measured from the great blue heron core zone boundary.

3.    Great Blue Heron Pre-nesting Area means an area less than 1 kilometer (.62 miles) from a great blue heron nesting colony where male birds congregate prior to occupying the nests.

C.    Development Conditions Within the Great Blue Heron Core Zone

1.    No development shall occur in the great blue heron nesting colony.

2.    Any development or other activity that requires a permit within the year-round buffer is subject to the provisions of OMC 18.32.330 and shall use mitigation sequencing as provided in OMC 18.32.135 to:

a.    maintain baseline development conditions and ambient noise levels;

b.    maintain great blue heron habitat features and processes and provide mitigation for any loss of heron habitat features and processes; and

c.    include an implementation plan for both the development and any required mitigation with maps, as-built drawings, vegetation removal and planting, timing, and an operation and maintenance plan for businesses that include outside operations.

3.    If no herons have congregated or nested in any year by April 15, as certified by a report submitted by the developer from a qualified professional, the City may allow development within the year-round buffer April 16 through January 31, subject to the provisions of OMC 18.32.328(C)(2).

4.    If a nesting colony has been abandoned by a great blue heron colony, the great blue heron core zone for this colony shall be protected under the provisions of this subsection C for a period of six years from the last known active nesting season.

D.    Development Conditions Within the Great Blue Heron Management Area

1.    Development may occur at any time in the seasonal buffer, subject to the following: When herons are present, any clearing, grading, outside construction or other activity in the seasonal buffer that causes loud noise (exceeding 92 decibels at the outer boundary of a nesting colony) above ambient noise levels at the site shall not be performed during the great blue heron nesting season. The nesting season is February 15 through August 31, unless a different nesting season for that year is certified by a written report from a qualified professional.

2.    Unless determined to be hazardous by the Urban Forester, all 6 inch diameter breast height (dbh) trees or larger outside of developed areas shall be retained. Any required new or replacement trees shall be provided in conformance with the City’s Urban Forestry Manual replacement rates and shall be strategically placed to ensure effective screening of new development from the colony. When possible, use the same species as nest trees. Removal and planting should take place in the non-breeding season.

(Ord. 7108 §2, 2017).

When a development proposal lies within an important habitats and/or species location, an Important Habitats and Species Management Plan shall be submitted by the applicant. The Department may waive the submittal when consultation with the Washington Department of Fish and Wildlife staff indicates that such a plan is not needed.

An Important Habitats and Species Management Plan shall:

A.    Identify how the development impacts from the proposed project will be mitigated. The Washington Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitat and Species (1991), as amended, shall be the basis for this plan.

B.    Be prepared by a person who demonstrates sufficient experience and education as a wildlife biologist, habitat management consultant or botanist.

C.    Contain, but not be limited to:

1.    A description of the nature, density and intensity of the proposed development in sufficient detail to allow analysis of such land use change upon the important species and its habitat;

2.    An analysis of the effect of the proposed development, activity or land use change upon the important species and its habitat, based upon Washington Department of Fish and Wildlife management guidelines;

3.    A mitigation plan by the applicant which shall explain how any adverse impacts to the important species or its habitat created by the development will be minimized or avoided, such as:

a.    Establishment of buffer zones;

b.    Preservation of important plants and trees;

c.    Limitation of access;

d.    Seasonal restriction of construction and other activities; and

e.    Provisions for periodic review of the plan.

and

4.    A map(s) to-scale, showing:

a.    The location of the proposed development site, to include a boundary survey;

b.    The relationship of the site to surrounding topographic features;

c.    The nature and density of the proposed development or land use change

d.    Proposed building locations and arrangements;

e.    Existing structures and landscape features including the name and location of all streams, ponds and other bodies of water;

f.    The extent and location of the important species habitat;

g.    A legend with: Title, scale and north arrows, and date, including revision dates if applicable.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

In order to preserve the natural functions of streams and "priority riparian areas" by controlling siltation, minimizing turbidity, protecting nutrient reserves, maintaining stream flows, providing a source of large woody debris, preserving natural flood storage capacities, protecting fish bearing waters, preserving overhanging vegetation, providing groundwater recharge, and protecting the wildlife habitat associated with streams and intact riparian areas, all areas within three hundred (300) feet of such waters shall be subject to the standards in OMC 18.32.405 through OMC 18.32.445. (Note: Further information regarding development along marine shorelines, lakes over 20 acres in size, and streams can be found in the City’s Shoreline Master Program).

(Ord. 7280 §3, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §14, 2006; Ord. 6356 §5, 2005).

A.    "Streams" means an area where surface waters flow sufficiently to produce a defined channel or bed, i.e., an area which demonstrates clear evidence of the passage of water including but not limited to bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses unless they are used to convey streams naturally occurring prior to construction.

B.    "Priority Riparian Areas" means those marine and lake shorelines, as measured from the ordinary high water mark, in the following locations:

1.    The eastern shore of Budd Inlet from the southern property line of Priest Point Park northward to the city limits;

2.    The western shore of Budd Inlet (in the Port Lagoon) from 4th Avenue NW northward to the extension of Jackson Avenue NW, but not including the BNSF railroad causeway and trestle or their western or eastern shores; West Bay Drive NW; Olympic Way NW; and parcels west of the rights-of-ways of West Bay Drive NW and Olympic Way NW;

3.    The western shore of Budd Inlet (north of West Bay Drive) from the extension of 24th Avenue NW northward to the city limits, being approximately six hundred and fifty (650) feet from the end of the fill to the city limits;

4.    The eastern shore of Capitol Lake (in the Middle Basin) from the extension of 13th Avenue SE (Olmsted Brothers Axis) southward to the right of way of Interstate 5;

5.    The eastern shore of Capitol Lake (in the South Basin) from the right of way of Interstate 5 southward to the city limits; and

6.    The western shore of Capitol Lake (in Percival Cove) from the intersection of Lakeridge Drive SW and Deschutes Parkway SW westward to the mouth of Percival Creek (a point due north of the terminus of Evergreen Park Court SW).

(Ord. 7280 §4, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §15, 2006; Ord. 6356 §5, 2005).

Streams are grouped into categories according to the Washington Department of Natural Resources Water Typing System. The criteria, definitions and methods for determining the water type of a stream are found in WAC 222-16-031.

A.    "Type S waters" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-031, as a Type S Water. Type S waters contain fish habitat.

B.    "Type F streams" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-031, as a Type F Water. Type F streams contain fish habitat.

C.    "Type Np streams" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-031, as a Type Np Water. Type Np streams do not contain fish habitat.

D.    "Type Ns streams" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-031, as a Type Ns Water. These streams are areas of perennial or intermittent seepage, and ponds and drainage ways having short periods of spring or storm runoff. Type Ns streams do not contain fish habitat.

E.    Waters having any of the following characteristics are presumed to have fish use:

1.    Stream segments having a defined channel of 2 feet or greater within the bankfull width in Western Washington, and having a gradient of 16 percent or less;

2.    Stream segments having a defined channel of 2 feet or greater within the bankfull width in Western Washington, and having a gradient greater than 16 percent and less than or equal to 20 percent, and having greater than 50 acres in contributing basin size based on hydrographic boundaries;

3.    Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to a fish stream;

4.    Ponds or impoundments having a surface area greater than 0.5 acre at seasonal low water.

(Ord. 7280 §5, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §16, 2006; Ord. 6356 §5, 2005).

In addition to the exemptions in OMC 18.32.111, the following activities shall be exempt from the review requirements of this Chapter:

A.    Activities within an Improved Right-of-Way, except those activities that alter a stream or wetland, such as a bridge or culvert, or result in the transport of sediment or increased stormwater.

B.    Forest Practices Class I, II, and III, as defined in and conducted pursuant to the provisions of RCW 76.09.050, as amended.

C.    Construction and/or maintenance of a trail in the stream buffer, four (4) feet or less in width, not paved, and involving less than fifty (50) cubic yards of cut or fill.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §18, 2006; Ord. 6356 §5, 2005).

After evaluation and consideration of mitigation sequencing requirements in OMC 18.32.135, the Department may authorize the following uses and activities within a stream or "priority riparian area" or its buffer following guidelines in OMC 18.32.115 and OMC 18.32.125 and provided that appropriate erosion control best management practices are implemented during construction (if applicable) and any areas cleared of vegetation are replanted with native species:

A.    Bank stabilization may be allowed on a case-by-case basis when needed to protect the following:

1.    An existing structure where relocation of the structure away from the channel is not feasible within the same parcel, or

2.    The pier or foundation of a railroad, road, or trail.

Bioengineering (the use of plant materials to stabilize eroding stream channels and banks) shall be employed when possible in lieu of designs which contain rip rap or concrete revetments.

B.    Beach or shoreline access.

C.    Dock/float.

D.    The Department shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the Department shall condition any permit or authorization issued pursuant to this Chapter to require the applicant to install a permanent fence, as described in OMC 18.32.145 at the edge of the critical area or buffer, when fencing will prevent future impacts to the critical area.

The applicant shall be required to install a permanent fence around the critical area or buffer when domestic grazing animals are present or may be introduced on site.

Fencing installed as part of a proposed activity or as required in this Subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.

E.    Forest practices may be allowed pursuant to the provisions of OMC 16.60 and RCW 76.09.050, as amended.

F.    Minor enhancement projects may be allowed for streams or stream buffers not associated with any other development proposal in order to enhance stream functions. Such enhancement shall be performed by a qualified professional, as defined in OMC 18.02.180, according to a plan approved by the department for the design, implementation, maintenance and monitoring of the project.

G.    Minor restoration project may be allowed when the minor stream restoration projects for fish habitat enhancement is conducted by a public agency whose mandate includes such work and when the work is not associated with mitigation of a specific development proposal and does not exceed twenty-five thousand ($25,000) dollars in cost. Such projects are limited to placement of rock weirs, log controls, spawning gravel and other specific salmonid habitat improvements and shall involve use of hand labor and light equipment only.

H.    Road/street - expansion of existing corridor and new facilities.

1.    Crossings of streams shall be avoided to the extent possible;

2.    Bridges or open bottom culverts shall be used for crossing of Types S and F streams;

3.    Crossings using culverts shall use super span or oversize culverts;

4.    Crossings shall be constructed and installed between June 15th and September 15th;

5.    Crossings shall not occur in salmonid spawning areas;

6.    Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative exists;

7.    Crossings shall not diminish flood carrying capacity; and

8.    Crossings shall serve multiple properties/purposes whenever possible.

I.    Stormwater facilities may be allowed in Types Np and Ns stream buffers only when:

1.    The facility is located in the outer twenty-five (25) percent of the buffer on site;

2.    The functions of the buffer and the stream are not significantly adversely impacted; and

3.    Habitat for anadromous fish will not be adversely impacted.

J.    Stormwater retrofit facilities may be allowed in Types S, F, Np, and Ns stream buffers.

K.    Trail construction or maintenance of a trail located immediately adjacent to a stream or "priority riparian area," greater than four (4) feet wide, with a paved surface, and/or involving more than fifty (50) cubic yards of cut or fill, but only when the Department determines that there are no practicable or reasonable alternatives.

1.    Public and private trails and trail-related facilities such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites shall be allowed, but use of impervious surfaces shall be minimized.

2.    Trail planning, construction, and maintenance shall adhere to the following additional criteria:

a.    Trails and related facilities shall, to the extent feasible, be placed on previously disturbed areas such as: existing or abandoned levees, or road, railroad, or utility corridors; and

b.    Trails and trail related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.

L.    Utility lines may be allowed within streams or "priority riparian area" and their buffers when it is demonstrated that:

1.    There are no practicable upland alternatives for the utility corridor;

2.    The corridor alignment follows a path of least impact to the functions of the stream and buffer including maintaining and protecting the hydrologic and hydraulic functions of wetlands and streams;

3.    The corridor avoids cutting trees greater than six (6) inches in diameter at breast height when possible; and

4.    Any access to the corridor for maintenance is provided as much as possible at specific points rather than by parallel roads.

M.    Emergency actions as provided in OMC 18.32.165.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §19, 2006; Ord. 6356 §5, 2005).

As provided for in OMC 18.32.130, the Hearing Examiner may authorize the following uses and activities within a stream or "priority riparian area" or its buffer:

A.    Bank stabilization when the design is consistent with the Washington Department of Fish and Wildlife Integrated Streambank Protection Guidelines (Cramer et al., 2002), as amended or revised.

B.    Stormwater facilities in the outer half of Types S and F stream buffers subject to the performance standards in OMC 18.32.425(I), and in the buffer of Types Np and Ns streams provided that the facility will have a net positive benefit on the functions of the stream and its buffer and habitat for anadromous fish will not be adversely impacted.

C.    Stream Relocation.

1.    Streams which support salmonids shall not be relocated except as necessitated by public road projects which have been identified as a "public project of significant importance."

2.    Streams may be relocated under a mitigation plan or restoration for the purpose of enhancement of in-stream resources and/or appropriate floodplain protection. Such relocations shall include:

a.    The natural channel dimensions replicated, including substantially identical depth, width, length and gradient at the original location and the original horizontal alignment (meander lengths);

b.    Bottom restored with identical or similar materials;

c.    Bank and buffer configuration to as close as feasible to the original and/or natural conditions;

d.    Channel, bank and buffer areas replanted with native vegetation which replicates the original in species, size and densities; and

e.    Recreation of the original and/or natural habitat value.

3.    An applicant must demonstrate, based on information provided by a civil engineer and a qualified biologist, that:

a.    The equivalent base flood storage volume and function will be maintained;

b.    There will be no adverse impact to groundwater;

c.    There will be no increase in velocity;

d.    There will be no interbasin transfer of water:

e.    Performance standards as set out in the mitigation plan will be met;

f.    The relocation conforms to other applicable laws; and

g.    All work will be carried out under the direct supervision of a qualified biologist.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §20, 2006; Ord. 6356 §5, 2005).

A.    Buffers shall be required as set forth for each stream type or “priority riparian area.” The required buffers shall be delineated, both on a site plan or plat and on the property, prior to approval of any regulated activity.

B.    The required buffer shall be extended to include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers.

C.    Stream buffers shall be based on the water type classification as established by the Department of Natural Resources Stream Typing Classification System and required by OMC 18.32.410. The table below includes detail differentiating stream types based on fish habitat presence, stream widths, and mass wasting potential:

1.    Stream buffers shall be measured on a horizontal plane, outward from the ordinary high water mark (OHWM) on each side of the stream. (See Figure 32-1).

2.    For streams that occur within ravines (where the stream is at the bottom of a slope of approximately thirty percent (30%) or greater and is at least ten (10) feet in height), the standard buffer listed above may be replaced by a buffer of at least fifty (50) feet beyond the top of the slope to protect the stream channel from sediment loading from mass wasting events (e.g., landslides, earth/debris flows and slumps, and rock falls/earth topples) and reduce the risk to structures and human safety. In order to obtain approval of this alternative, it must be supported by both the stream and geotechnical reports. Enhancements to the buffer will be required if the current condition does not reflect a relatively intact native vegetation community, as determined by the City.

FIGURE 32-1

D.    Maintain a buffer of existing vegetation for "priority riparian areas" as defined in OMC 18.32.405.

E.    The stream or "priority riparian area" buffer widths contained in OMC 18.32.435 C presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. If the vegetation and other buffer elements are inadequate, then the buffer shall be planted with a density and species composition commonly found in comparable but healthy riparian areas of Thurston County and as approved by the City of Olympia Urban Forester.

F.    The Department may reduce the required stream or "priority riparian area" buffer widths up to twenty five percent (25%) on a case-by-case basis in accordance with a Biological Assessment described in OMC 18.32.445 when it can be demonstrated that:

1.    The existing buffer area is not a high functioning buffer but instead is currently providing reduced functions due to existing land uses or previous alterations;

2.    Protection of the stream or "priority riparian area" buffer using a fence and sign have been provided, as described in OMC 18.32.145;

3.    Topographic conditions of the site and the buffer are protective of the stream;

4.    The intensity and type of the land uses adjacent to the buffer will minimize potential adverse impacts upon the stream and wildlife habitat; [e.g., publicly owned parks, designated open space areas in plats and binding site plans, or lands with a recorded conservation easement];

5.    The site design and building layout will minimize potential adverse impacts upon the stream and wildlife habitat;

6.    The smaller buffer will be adequate to protect the functions of the stream based on the best available science; and

7.    Alternative mitigation measures as provided in “Land Use Planning for Salmon, Steelhead and Trout: A Land planner’s guide to salmonid habitat protection and recovery,” Washington Department of Fish and Wildlife, 2009, have been proposed by the applicant and approved by the Department.

G.    If a stream segment is removed from a culvert it will not be required to meet the stream buffer requirements of OMC 18.32.435. It shall comply with the purpose and intent of this title to the degree possible, as determined by the Department.

H.    The required stream buffer widths shall be increased when the Department determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the stream and/or to protect habitat corridors between streams and other habitats.

(Ord. 7288 §20, 2021; Ord. 7280 §6, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §21, 2006; Ord. 6356 §5, 2005).

A.    Every application for development within a stream, or "priority riparian area" or its buffer shall include a drainage and erosion control plan and a grading plan.

B.    For applications which propose a reduction of the buffer pursuant to OMC 18.32.435(F), or for uses and activities which require Hearing Examiner authorization in OMC 18.32.430, a Biological Assessment shall be submitted.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §22, 2006; Ord. 6356 §5, 2005).

A.    Depending upon the species of salmon, the preparation of a Biological Assessment shall follow the provisions of:

1.    National Marine Fisheries Service, 1996. Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Watershed Scale. National Marine Fisheries Service, Environmental and Technical Services Division, Habitat Conservation Division, Portland, Oregon, or

2.    U.S. Fish and Wildlife Service, 1998. A Framework to Assist in Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Bull Trout Subpopulation Watershed Scale (draft). Prepared by United States Fish and Wildlife Service (adapted from the National Marine Fisheries Service).

B.    The Biological Assessment shall be prepared by a qualified professional as defined in OMC 18.02.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §23, 2006; Ord. 6356 §5, 2005).

In order to protect the natural function of wetlands for floodwater storage, floodwater conveyance, sediment control, pollution control, surface water supply, aquifer recharge, wildlife habitat, and recreation, those lands with wetlands or which lie within three hundred (300) feet of wetlands shall be subject to the standards in OMC 18.32.100(A) and OMC 18.32.505 through OMC 18.32.595. (Note: Further information regarding development within associated wetlands along marine shorelines, lakes over 20 (twenty) acres in size, and streams can be found in Chapter 18.20 OMC, Shoreline Master Program.)

(Ord. 7090 §9, 2017; Ord. 7030 §1 (Exh. A), 2016; Ord. 6886 §26, 2013; Ord. 6426 §24, 2006; Ord. 6356 §5, 2005).

"Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §25, 2006; Ord. 6356 §5, 2005).

A.    The Washington State Wetland Rating System for Western Washington (2014 update) as amended or revised, shall be used to determine if the wetland is a Category I, II, III or IV wetland. These documents contain the criteria, definitions, and methods for determining if the criteria below are met.

1.    Category I wetlands are (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands with high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions.

2.    Category II wetlands are (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring 20 to 22 points).

3.    Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well-planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

4.    Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree.

B.    Wetland rating categories shall be applied as the wetland exists on the date of application. However, wetland ratings shall not recognize alterations resulting from illegal activities.

(Ord. 7280 §7, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §26, 2006; Ord. 6356 §5, 2005).

A.    Wetlands less than one thousand (1,000) square feet shall be exempt from the requirements of OMC 18.32.135.A; wetland buffers in OMC 18.32.535, compensation projects in OMC 18.32.545 and replacement ratios in OMC 18.32.550 provided that the wetland or pond:

1.    Is an isolated Category III or IV wetland;

2.    Is not associated with a riparian corridor;

3.    Is not part of a wetland mosaic; and

4.    Does not contain habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife; and

5.    No part of the wetland is within shorelines of the State of Washington, except as authorized by OMC 18.20.420.C.3.

B.    Wetlands between one thousand (1,000) and four thousand (4,000) square feet shall be exempt from the requirements of OMC 18.32.135.A, provided that the wetland:

1.    Is rated as a Category III or IV wetland;

2.    Is not associated with a riparian corridor;

3.    Is not part of a wetland mosaic;

4.    Does not score 5 points or greater for habitat in the Washington State Wetland Rating System for Western Washington (2014);

5.    Does not contain habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife;

6.    A wetland mitigation report is provided as required by OMC 18.32.590;

7.    No part of the wetland is within shorelines of the State of Washington.

(Ord. 7090 §10, 2017; Ord. 7030 §1 (Exh. A), 2016; Ord. 7028 §5, 2016; Ord. 6426 §27, 2006; Ord. 6356 §5, 2005).

In addition to the exemptions in OMC 18.32.111, the following activities shall be exempt from the review requirements of this Chapter:

A.    Activities within an improved right-of-way, except those activities that alter a stream or wetland, such as a bridge or culvert, or result in the transport of sediment or increased stormwater.

B.    Forest Practices Class I, II, and III, as defined in and conducted pursuant to the provisions of RCW 76.09.050, as amended.

C.    Construction and/or maintenance of a trail in the wetland buffer, four (4) feet or less in width, not paved, and involving less than fifty (50) cubic yards of cut or fill.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §30, 2006; Ord. 6356 §5, 2005).

The following uses and activities may be authorized within a wetland or its buffer after an evaluation by the Department following the provisions in OMC 18.32.115 and OMC 18.32.125.

A.    Beach or shoreline access.

B.    Dock/float in Category III and IV wetlands only.

C.    Compensation mitigation site in Category III and IV Wetlands only, and the buffer only of Category II wetlands.

D.    If fencing is necessary to protect the functions and values and/or to prevent future impacts of the critical area, the Department shall condition any permit or authorization issued pursuant to this Chapter to require the applicant to install a permanent fence, as described in OMC 18.32.145, at the edge of the critical area or buffer.

The applicant shall be required to install a permanent fence around the critical area or buffer when domestic grazing animals are present or may be introduced on site.

Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.

E.    Forest practices may be allowed pursuant to the provisions of OMC 16.60 and RCW 76.09.050, as amended, in Category III and IV wetlands.

F.    Minor enhancement may be allowed of wetlands or wetland buffers not associated with any other development proposal in order to enhance wetland functions, as determined by the Department and any state agency or tribal entity with jurisdiction. Such enhancement shall be performed under a plan for the design, implementation, maintenance and monitoring of the project prepared by a qualified professional, as defined in OMC 18.02.180.

G.    Minor restoration may be allowed but shall be limited to Category II, III and IV wetlands and the buffer of Category I wetlands.

H.    Road/street-expansion of existing corridor and new facilities in Category III and IV wetlands only as follows:

1.    Crossings of wetlands or other critical areas shall be avoided to the extent possible

2.    Crossing of wetlands shall follow all applicable local, state and federal laws and the following criteria to ensure the least impact to wetlands:

a.    Bridge-type structures are required for new crossings of wetlands;

b.    Crossings using culverts shall use super span or oversize culverts.

c.    Crossings shall be constructed and installed during periods of time when there will be the least impact on the adjacent fish and wildlife habitat;

d.    Crossings shall not diminish flood carrying capacity;

e.    Crossings shall provide for maintenance of culverts, bridges and utilities; and

f.    Crossings shall serve multiple properties whenever possible.

I.    Stormwater Facilities may be allowed in Category III and IV wetland buffers only when:

1.    The facility is located in the outer twenty-five (25) percent of the buffer on site; and

2.    The location of such facilities will not degrade or have a significant, adverse impact on the functions or values of the wetland or buffer.

J.    Stormwater retrofit facilities may be allowed in Category I, II, III and IV wetland buffers provided the facility does not negatively impact the wetland’s functions or values.

K.    Trail construction or maintenance of a trail greater than four (4) feet wide, with a paved surface, and/or involving more than fifty (50) cubic yards of cut or fill located in a Category II, III or IV wetland, but only when the department has determined that there are no practicable or reasonable alternatives:

1.    Public and private trails and trail-related facilities, (such as picnic tables, benches, interpretive centers and signs and, viewing platforms and campsites) shall be allowed, but use of impervious surfaces shall be minimized.

2.    Trail planning, construction and maintenance shall adhere to the following additional criteria:

a.    Trails and related facilities shall, to the extent feasible, be placed on previously disturbed areas such as: existing or abandoned levees, or road, railroad, or utility corridors; and

b.    Trails and trail related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.

L.    Utility lines may be allowed within Category II, III and IV wetlands and their buffers when it is demonstrated that:

1.    There are no practicable upland alternatives for the utility corridor;

2.    The corridor alignment follows a path of least impact to the functions of the stream and buffer critical areas including maintaining and protecting the hydrologic and hydraulic functions of wetlands and streams;

3.    The utility provider avoids cutting trees in the corridor greater than six (6) inches in diameter at breast height when possible; and

4.    Any access to the corridor for maintenance is provided as much as possible at specific points rather than by parallel roads.

M.    Wildlife Blind.

N.    Emergency actions as provided in OMC 18.32.165.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §31, 2006; Ord. 6356 §5, 2005).

The following uses and activities may be authorized within a wetland or its buffer after a review by the Hearing Examiner as provided in OMC 18.32.130:

A.    Communication towers in the buffers of Category III and IV wetlands only.

B.    Compensation mitigation site in Category II wetlands only.

C.    Dock/float in Category II wetlands only.

D.    Road/street only:

1.    In Category II wetlands subject to the performance standards in OMC 18.32.525(H).

2.    In Category I wetlands subject to the performance standards in OMC 18.32.525(H), and being processed as a "public project of significant importance."

E.    Stormwater Facilities in Category III or IV wetlands only, and in the outer half only of a Category II standard wetland buffer, provided that if the placement of such a facility in a wetland results in elimination of an area’s wetland status, then mitigation will be required to compensate for the loss of that wetland as provided in OMC 18.32.550.

F.    Trail construction or maintenance of a trail greater than four (4) feet wide, with a paved surface, and/or involving more than fifty (50) cubic yards of cut or fill located in a Category I wetland, but only when the Hearing Examiner has determined that there are no practicable or reasonable alternatives. Trails shall be subject to the performance standards for trails in OMC 18.32.525(K).

G.    Utility Facility only in Category I, II, III and IV wetlands.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §32, 2006; Ord. 6356 §5, 2005).

A.    Wetland buffer areas shall be maintained between all regulated activities and wetlands to retain the wetland’s natural functions and values. Wetland buffers are based upon the rating of the wetland pursuant to OMC 18.32.575.

B.    The required width of the wetland buffer shall be determined as provided in the table below.

C.    All wetland buffers shall be measured from the wetland boundary.

D.    The wetland buffer widths contained in OMC 18.32.535 Table 32-1 presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. If the vegetation and other buffer elements are inadequate, then the buffer shall be planted with native trees to a density common in the specific buffer area and an understory of native plants commonly found in riparian areas of Thurston County.

E.    The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.

F.    The Department may allow modification of the required wetland buffer width by either allowing a reduction pursuant to OMC 18.32.535(G) or by allowing averaging of buffer widths when all of the following conditions are met:

1.    The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a "dual-rated" wetland with a Category I area adjacent to a lower rated area,

2.    The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion,

3.    The total area of the buffer after averaging is equal to the area required without averaging, and

4.    The buffer at its narrowest point is never less than seventy five percent (75%) of the required width.

G.    If buffer averaging has not been used, the Department may reduce the required wetland buffer widths by twenty five percent (25%) under the following conditions:

1.    For wetlands that score six (6) points or more for the habitat functions, if both of the following criteria are met:

a.    A relatively undisturbed, vegetated corridor at least one hundred (100) feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the priority habitat by legal protection such as a conservation easement.

b.    Measures to minimize the impacts of different land uses on wetlands, such as those described in Wetland Guidance for CAO Updates, Western Washington (2016) Ecology publication #16-06-001, as amended or revised, are applied. Examples of these measures include directing lighting away from wetland, locating noise generating activities away from the wetland, and densely planting the buffer to act as barrier to pets and human disturbance.

2.    For wetlands that score five (5) points or less for habitat function, apply the provisions of OMC 18.32.535(G)(1)(b).

H.    The Department or Hearing Examiner, as appropriate, shall require increased buffer widths in accordance with the recommendations of an experienced, qualified wetland scientist, and the best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be based on one or more of the following criteria:

1.    A larger buffer is needed to protect other critical areas;

2.    The buffer or adjacent uplands has a slope greater than fifteen percent (15%) or is susceptible to erosion and standard erosion-control measures will not prevent adverse impacts to the wetland; or

3.    The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, implementation of a buffer planting plan may substitute. Where a buffer planting plan is proposed, it shall include densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for trees and require monitoring and maintenance to ensure success. Existing buffer vegetation is considered “inadequate” and will need to be enhanced through additional native plantings and (if appropriate) removal of non-native plants when:

a.    non-native or invasive plant species provide the dominant cover,

b.    vegetation is lacking due to disturbance and wetland resources could be adversely affected, or

c.    enhancement plantings in the buffer could significantly improve buffer functions.

(Ord. 7280 §8, 2021; Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §33, 2006; Ord. 6356 §5, 2005).

Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference:

A.    Restoration (re-establishment) and rehabilitation of wetlands:

1.    The goal of re-establishment is returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles.

2.    The goal of rehabilitation is repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland.

B.    Creation (establishment) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native species. Establishment results in a gain in wetland acres. This should be attempted only when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the Department may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that:

1.    The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere;

2.    The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site;

3.    Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and

4.    The proposed land and buffer will eventually be self-sustaining with little or no long-term maintenance.

C.    Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement should be part of a mitigation package that includes replacing the altered area and meeting appropriate ratio requirements. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement alone will result in a loss of wetland acreage and is less effective at replacing the functions lost. Applicants proposing to enhance wetlands or associated buffers shall demonstrate:

1.    How the proposed enhancements will increase the wetland’s/buffer’s functions;

2.    How this increase in function will adequately compensate for the impacts; and

3.    How all other existing wetland functions at the mitigation site will be protected.

(Ord. 7030 §1 (Exh. A), 2016).

A.    Property development that may result in the loss of wetlands or adversely affect wetland values and/or functions shall provide compensatory mitigation in accordance with the order of preference set forth in OMC 18.32.540.

B.    Compensatory mitigation shall provide functional equivalency or improvement of the wetland functions lost, except when either:

1.    The lost wetland provides minimal functions as determined by a site specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or

2.    Out-of-kind replacement of wetland type or functions will best meet watershed goals, such as replacement of historically diminished wetland types.

C.    Compensatory mitigation shall be conducted on the site of the alteration except when all of the following apply:

1.    There are no reasonable on-site or in sub-drainage basin opportunities (e.g., on-site options would require elimination of high-functioning upland habitat), or on-site and in sub-drainage basin opportunities do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydro geomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); and

2.    Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland.

D.    Off-site compensatory mitigation shall be provided in the same drainage sub-basin unless:

1.    Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the Department and strongly justify location of mitigation at another site in a different drainage sub-basin; or

2.    Credits from a state-certified wetland mitigation bank are used as compensation and the use of credits is consistent with the terms of the bank’s certification.

E.    The design for the compensatory mitigation project shall be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. An atypical wetland is a compensation wetland (e.g., created or enhanced) that does not match the type of existing wetland that would be found in the geomorphic setting of the site (i.e., the water source(s) and hydroperiod proposed for the mitigation site are not typical for the geomorphic setting). It should not provide exaggerated morphology or require a berm or other engineered structures to hold back water.

F.    Any wetland compensation project prepared pursuant to this Chapter and approved by the Department shall become part of the approved development project.

G.    Critical area tracts or a conservation easement for any mitigation area created, restored or enhanced as a part of a wetland mitigation proposal will be required if necessary to provide a reasonable assurance that the mitigation or adverse impacts will not be lost after the completion of the project, or to provide a reasonable period of time for establishment of a functioning system. The Department may accept a comparable use restriction such as, but not limited to, state or federal ownership.

H.    The person proposing a wetland compensation project shall demonstrate to the Department that sufficient expertise, supervisory capability and financial resources exist to carry out the proposed compensation project. The needed expertise, supervisory capability and financial resources will be commensurate with the proposed compensation. At minimum, the project applicant must provide a description of the personnel who will be involved in carrying out and supervising the project including academic degrees, areas of experience and work experience to date.

I.    A development project by a public entity, or a private development project with a wetland less than four thousand (4,000) square feet, may pay a fee to the Department to have the City construct a compensation project. Such a proposal shall be on a case by case basis, must have funds committed towards a project on property owned by the city, a public entity, or a nonprofit agency acceptable to the City and meets all other provisions of this Chapter.

J.    When loss or disturbance of wetland results from a violation of this Chapter or of any permit, order or approved mitigation plan issued pursuant thereto, penalties provided in OMC 18.73 may be imposed.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §§34, 35, 2006; Ord. 6356 §5, 2005. Formerly 18.32.540).

The wetland replacement ratios shall be those described on Table 8c-11, Appendix 8-C, of Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands (2005) Ecology publication #05-06-008, as amended or revised.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §36, 2006; Ord. 6356 §5, 2005).

A.    The Department may increase the wetland replacement ratios contained in OMC 18.32.550 under any of the following circumstances:

1.    Uncertainty as to the probable success of the proposed restoration or creation;

2.    Significant period of time between destruction and replication of wetland functions;

3.    Projected losses in functional value; or

4.    The wetland impact was unauthorized.

B.    The Department may decrease the wetland replacement ratios for Category II, III, and IV wetlands contained in OMC 18.32.550 to not less than a 1 to 1 acreage replacement ratio when a qualified wetlands specialist can document that:

1.    The proposed mitigation actions have a very high likelihood of success, and either

2.    The proposed mitigation actions will provide functions and values that are significantly greater than the wetland being impacted, or

3.    The proposed mitigation actions which are to be conducted in advance of the wetland impact have been shown to be successful.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §37, 2006; Ord. 6356 §5, 2005).

A.    Where feasible, compensatory projects shall be completed prior to activities that will permanently disturb wetlands, and immediately after activities that will temporarily disturb wetlands.

B.    In all cases compensatory projects shall be completed within one year after use or occupancy of the activity or development which was conditioned upon such compensation.

C.    Construction of compensation projects shall be timed to reduce impacts to existing flora, fauna and fisheries.

D.    The Department may authorize a one-time delay not to exceed twelve (12) months in the construction or installation of the compensatory mitigation. A written request shall be prepared by a qualified wetland professional and include the rationale for the delay. In granting a delay the Department must determine that it will not be injurious to the health, safety, and general welfare of the public.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §39, 2006; Ord. 6356 §5, 2005).

A.    The city may approve mitigation banking or in-lieu fee mitigation as a form of compensatory mitigation for wetland and habitat conservation area impacts when the provisions of this chapter require mitigation and the use of a mitigation bank/in-lieu fee program will provide equivalent or greater replacement of critical area functions and values when compared to conventional permittee-responsible mitigation.

B.    Mitigation banks and in-lieu fee programs shall only be used when it can be demonstrated that they provide significant ecological benefits including long-term conservation of critical areas, important species, and habitats or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals.

C.    Mitigation banks and in-lieu fee programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules and expressly authorized through city legislative action.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §40, 2006; Ord. 6356 §5, 2005).

Every application for development that proposed to be located within or adjacent to a regulated wetland or its buffer shall include the following special reports:

A.    Wetland boundary delineation,

B.    Wetland rating report (if the wetland is unrated),

C.    Wetland mitigation report, and

D.    Wetland compensatory mitigation plan (if the application includes wetland replacement).

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §41, 2006; Ord. 6356 §5, 2005).

A.    A wetland boundary delineation report shall establish the exact location of a wetland’s boundary based on a field investigation by a qualified professional. Identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements (WAC 173-22-035). Wetland data sheets shall be included in wetland reports.

B.    Wetland delineations are valid for 5 years.

C.    The wetland boundary, wetland buffer, and any critical area tract shall be identified on all grading, landscaping, site, utility or other development plans submitted on the project.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §42, 2006; Ord. 6356 §5, 2005).

A.    A Wetland Mitigation Report shall include an evaluation of the functions and values of the wetland.

B.    It shall be prepared by a wetland biologist with expertise in preparing wetlands reports.

C.    The report shall include the wetland boundary delineation and the wetland rating.

D.    The report shall include a list of the mitigation measures proposed, based on OMC 18.32.135.

E.    It shall include a to-scale map with conditions as appropriate to the site. Use OMC 18.32.595 (C) as guidance for those features to be included on this map.

F.    The applicant may elect to pay a fee to the Department in lieu of submitting the wetland rating report. The fee shall be sufficient to cover the cost to the Department to hire a qualified individual or firm to prepare the wetlands rating report, which will determine the wetland category and required buffer width.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §44, 2006).

A.    The Wetland Compensation Mitigation Plan must meet the general guidelines in OMC 18.32.136 in addition to the following specific guidelines. The Plan shall be prepared by a wetland biologist with experience preparing wetland reports, such as an individual certified by the Society of Wetland Scientists. Full guidance can be found in the Guidance on Wetland Mitigation in Washington State - Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals, (2004) - Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology Publication #04-06-013b, as amended or revised; and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) – Ecology Publication No. 09-06-32.

B.    The written report must contain:

1.    The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland related permit(s) required for the project; and a vicinity map for the project;

2.    Description of the existing wetland and buffer areas proposed to be impacted including: acreages (or square footage) based on professional surveys of the delineations; Cowardin classifications including dominant vegetation community types (for upland and wetland habitats); hydro geomorphic classification of wetland(s) on and adjacent to the site; the results of a functional assessment for the entire wetland and the portions proposed to be impacted; wetland rating based upon OMC 18.32.585;

3.    An assessment of the potential changes in wetland hydroperiod from the proposed project and how the design has been modified to avoid, minimize, or reduce adverse impacts to the wetland hydroperiod;

4.    An assessment of existing conditions in the zone of the proposed compensation, including: vegetation community structure and composition, existing hydroperiod, existing soil conditions, existing habitat functions. Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?);

5.    A description of the proposed actions to compensate for the wetland and upland areas affected by the project. Describe future vegetation community types for years one (1), three (3), five (5), ten (10), and twenty five (25) post-installation including the succession of vegetation community types and dominants expected. Describe the successional sequence of expected changes in hydroperiod for the compensation site(s) for the same time periods as vegetation success. Describe the change in habitat characteristics expected over the same twenty five (25) year time period;

6.    The field data collected to document existing conditions and on which future condition assumptions are based for hydroperiod (e.g., existing hydroperiod based on piezometer data, staff/crest gage data, hydrologic modeling, visual observations, etc.) and soils (e.g., soil pit data - hand dug or mechanically trenched, and soil boring data. Do not rely upon soil survey data for establishing existing conditions.);

7.    A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands);

8.    The estimated total cost for the bond for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice/year for up to five (5) years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring. The estimate shall be in sufficient detail to permit issuance of a bond to guarantee performance of the work; and

9.    Proof of establishment of Notice on Title for the wetlands and buffers on the project site, including the compensatory mitigation areas.

C.    The map must contain:

1.    Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions;

2.    Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation;

3.    Surface and subsurface hydrologic conditions including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Also, illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions;

4.    Proposed conditions expected from the proposed actions on site including future hydro geomorphic types, vegetation community types by dominant species (wetland and upland), and future hydrologic regimes;

5.    Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Title;

6.    A plant schedule for the compensatory area including all species by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation; and

7.    Performance standards (measurable standards reflective of years post-installation) for upland and wetland communities, monitoring schedule, and maintenance schedule and actions by each year.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §46, 2006).

In order to minimize damage to health and property due to landslide, erosion, seismic hazard or other naturally occurring events; control erosion, siltation, and stream health which affect fish and shellfish resources; and safeguard the public from hazards associated with landslides, mud flows and rock fall, geological hazard areas shall be subject to the standards described in OMC 18.32.603 through OMC 18.32.665. The Department may also restrict the uses and activities of a development proposal located within 300 feet of a geological hazard area.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    The approximate location and extent of geologically hazardous areas are shown on the following maps:

1.    U.S. Geological Survey landslide hazard, seismic hazard, and volcano hazard maps;

2.    Washington State Department of Natural Resources seismic hazard maps for Western Washington;

3.    Washington State Department of Natural Resources slope stability maps;

4.    Federal Emergency Management Administration flood insurance maps; and

5.    Locally available maps.

B.    These maps are a reference and do not provide a final critical area designation. They may be used as a guide for the City, project applicants, and property owners and may be continuously updated as new critical areas are identified.

(Ord. 7030 §1 (Exh. A), 2016).

A.    Alterations of geological hazard areas or associated buffers may occur only for activities that meet the following criteria:

1.    Will not increase the existing threat of the geological hazard to adjacent properties;

2.    Will not decrease the factor of safety within the landslide area below the limits of 1.5 for static conditions and 1.1 for dynamic conditions. Analysis of dynamic (seismic) conditions shall be based on a minimum horizontal acceleration as established by the current version of the Washington State Building Code.

3.    Will not adversely impact other critical areas;

4.    Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions; and

5.    Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington.

The department may condition or deny proposals as appropriate to achieve these criteria. Conditions may include limitations of proposed uses, modification of density, alteration of site layout, and other appropriate changes to the proposal.

B.    Public emergency, health, and safety facilities, and public utilities, shall not be sited within geologically hazardous areas, or in areas that could be affected by geologic hazards, such as landslide run out zones, unless there is no other practicable alternative.

(Ord. 7030 §1 (Exh. A), 2016).

A.    "Landslide Hazard Area" means those areas which are potentially subject to risk of mass movement due to a combination of geologic, topographic and hydrologic factors; and where the vertical height is ten (10) feet or more. The following areas are considered to be subject to landslide hazards:

1.    Steep slopes of forty (40) percent or greater (refer to Figure 32-2);

2.    Slopes of fifteen (15) percent or greater, with:

a.    Impermeable subsurface material (typically silt and clay), frequently interbedded with granular soils (predominantly sand and gravel), and

b.    Springs or seeping groundwater during the wet season (November to February).

3.    Any areas located on a landslide feature which has shown movement during the past ten thousand years or which is underlain by mass wastage debris from that period of time.

B.    Not included in the definition of "Landslide Hazard Area" are those human-made steep slopes which were created in conformance with accepted construction standards or which meet the requirement of 18.32.640(C).

(Ord. 7187 §3, 2019; Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005. Formerly 18.32.605).

In addition to the exemptions in OMC 18.32.111, the following activities shall be exempt from the review requirements of this Chapter provided that appropriate erosion control best management practices are implemented during construction (if applicable) and any areas cleared of vegetation are replanted with native species:

A.    Activities within an improved right-of-way, except those activities that alter a stream or wetland, such as a bridge or culvert, or result in the transport of sediment or increased stormwater.

B.    Fencing.

C.    Forest Practices Class I, II, and III, as defined in and conducted pursuant to the provisions of RCW 76.09.050, as amended.

D.    Construction and/or maintenance of a trail in the stream buffer, four (4) feet or less in width, not paved, and involving less than fifty (50) cubic yards of cut or fill.

E.    Wildlife nesting structure.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

The Department may, after evaluation, authorize the following uses and activities within a landslide hazard area or its buffer:

A.    Beach or shoreline access.

B.    Existing structure - remodel and replacement.

C.    Forest practices, pursuant to the provisions of OMC 16.60 and RCW 76.09.050, as amended.

D.    Restoration/revegetation of site.

E.    Site investigation.

F.    Elimination of a landslide hazard area less than twenty (20) feet in height to stabilize a slope.

G.    Stormwater facilities only in the outer half of the buffer at the toe of the slope, and only if the applicant demonstrates:

1.    No practicable alternative exists;

2.    The facility does not exceed twenty-five (25) percent of the buffer on site; and

3.    The stability of the landslide hazard area will not be adversely impacted.

H.    Trail construction or maintenance of a trail located immediately adjacent to a stream, greater than four (4) feet wide, with a paved surface, and/or involving more than fifty (50) cubic yards of cut or fill, but only when the Department determines that there are no practicable or reasonable alternatives.

1.    Public and private trails and trail-related facilities such as picnic tables, benches, interpretive centers and signs, viewing platforms and campsites shall be allowed, but use of impervious surfaces shall be minimized.

2.    Trail planning, construction, and maintenance shall adhere to the following additional criteria:

a.    Trails and related facilities shall, to the extent feasible, be placed on previously disturbed areas such as: existing or abandoned levees, or road, railroad, or utility corridors; and

b.    Trails and trail related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.

I.    Utility lines may be allowed within landslide hazard areas when it can be determined that:

1.    There are no practicable alternatives for the utility corridor,

2.    The corridor alignment follows a path of least impact to the landslide hazard areas critical areas including maintaining and protecting and retaining the slope stability of streams in ravines and landslide hazard areas;

3.    The corridor avoids cutting trees greater than six (6) inches in diameter at breast height when possible; and

4.    Any access to the corridor for maintenance is provided as much as possible at specific points rather than by parallel roads.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §48, 2006; Ord. 6356 §5, 2005).

The Hearing Examiner may, after review, authorize the following uses and activities within a landslide hazard area or its buffer:

A.    Road/Street - Expansion of Existing Corridor and New Facilities.

1.    Crossings of landslide hazard areas or other critical areas shall be avoided to the extent possible.

2.    Crossings shall serve multiple properties/purposes, whenever possible.

B.    Utility Facility.

Refer to the performance standards for Utility Line in OMC 18.32.620(I).

C.    Elimination of a Landslide Hazard Area.

When the landslide hazard area has a vertical dimension greater than twenty (20) feet in height and the landslide hazard could be eliminated through site grading.

D.    Other uses and activities.

Other uses and activities may be allowed within a landslide hazard area on a case-by-case basis when it can be demonstrated that:

1.    A Geotechnical Report described in OMC 18.32.640 has been provided, and

2.    The applicant has demonstrated to the Examiner’s satisfaction that legally enforceable commitments, such as bonds, letters of credit, and/or covenants, guarantee the use of development practices that will render the development as safe as if it were not located in a landslide hazard area.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §49, 2006; Ord. 6356 §5, 2005).

A.    In order to minimize damage to personal health and property due to landslides, a buffer of undisturbed vegetation as provided in this Section shall be maintained between all regulated activities and landslide hazard areas. Development must maximize the retention of existing vegetation and retains all vegetation outside of the developed building area. Vegetation, in the form of ground cover, shrubs or trees, assists in stabilizing the ground surface. Damage to existing vegetation through removal or disturbance can have significant impacts on slope stability. Any removal of vegetation, therefore, must be minimized in steep slope areas. Where removal of vegetation cannot be avoided in order to accommodate a permitted development or to stabilize a slope, an acceptable plan to fully revegetate and restabilize affected areas must be provided.

B.    The minimum required buffer widths are the following distances measured from the edges of the landslide hazard area:

1.    The minimum distance recommended by the engineering geologist or geotechnical engineer;

2.    If no recommendation by an engineering geologist or geotechnical engineer, then (See Figure 32-2):

a.    At the top of the landslide hazard area: a distance of one-third (1/3) the height of the slope or 50 feet, whichever is greater;

b.    At the bottom of the landslide hazard area a distance of one-half (1/2) the height of the slope or 50 feet, whichever is greater; or

c.    Fifty (50) feet in all directions from a seep.

C.    All landslide hazard area buffers shall be measured from the landslide hazard area as located in the field.

D.    The landslide hazard area, its buffer, and any critical area tract shall be identified on all grading, landscaping, site, utility or other development plans submitted on the project.

E.    The Department may reduce the required landslide hazard areas buffer widths except buffers recommended pursuant to OMC 18.32.630 B 1, up to fifty (50) percent on a case-by-case basis when supported by a Geotechnical Report including the following:

1.    Buffer width reduction is supported by a Geotechnical Report described in OMC 18.32.640;

2.    The existing buffer area is well-vegetated;

3.    The protection of the landslide hazard area buffer using a fence and sign have been evaluated, as described in OMC 18.32.145;

4.    Topographic conditions of the site and the buffer have been evaluated;

5.    The intensity and type of the land uses adjacent to the buffer have been evaluated with respect to minimizing potential adverse impacts upon the landslide hazard area; [e.g. publicly owned parks, designated open space areas in plats and binding site plans, or lands with a recorded conservation easement];

6.    The site has been evaluated with respect to its site design and building layout to minimize potential risks with landslide hazard areas; and

7.    A smaller buffer will be adequate to protect property from the landslide hazard based on the best available science.

F.    The Hearing Examiner may allow reductions greater than those described in OMC 18.32.630(E) to the required landslide hazard area buffer width on a case-by-case basis when it can be demonstrated that:

1.    The provisions of OMC 18.32.630(E) have been evaluated by a Geotechnical Report described in OMC 18.32.640, and

2.    Based upon the Geotechnical Report and the best available science it is demonstrated that the proposed landslide hazard area buffer width will be adequate to protect personal health and property from a landslide from this site.

FIGURE 32-2

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6426 §50, 2006; 6356 §5, 2005).

A.    Every application for development within a landslide hazard area or its buffer shall provide the following special reports:

1.    Drainage and erosion control plan;

2.    Grading plan;

3.    Geotechnical Report, and

4.    Landscape Plan.

B.    The Department may waive the submittal of any or all of these special reports when:

1.    The proposal increases the impervious surfaces within the subject parcel or parcels by less than ten (10) percent,

2.    The removal of vegetation is minimal and is not likely to cause erosion or slope instability,

3.    Less than fifty (50) cubic yards of material is excavated upslope from the steep slope,

4.    The surface water flow is directed away from the face of the steep slope, or

5.    The proposed project or activity will not substantially affect the natural integrity of the steep slope.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    The Geotechnical Report shall be prepared and sealed by either an engineering geologist as defined by RCW 18.220, as amended, or a licensed engineer as defined by RCW 18.43, as amended and in accordance with the Washington State Geologist Licensing Board’s “Guidelines for Preparing Engineering Geologist Reports in Washington, 2006.”

B.    The Geotechnical Report shall indicate if:

1.    A potential landslide hazard is either present or highly likely; or

2.    A potential landslide hazard is present or that it is highly unlikely; or

3.    Available information to evaluate a potential landslide hazard is inadequate.

C.    Any area in which the Geotechnical Report investigation indicates a potential landslide hazard shall not be subject to development unless the report demonstrates one of the following:

1.    The site specific subsurface conditions indicate that the proposed development is not located in a landslide hazard area or its buffer; or

2.    The proposed development has been designed so that the risk on the site and to adjacent property have been eliminated or mitigated to such a degree that the site is determined to be safe;

3.    Development practices are proposed that would render the development as safe as if it were not located in a landslide hazard area, or

4.    The proposed development activity is so minor as not to pose a threat to the public health, safety, and welfare.

D.    The Geotechnical Report shall be submitted for review by the Department and shall include:

1.    A detailed review of the field investigations, published data and references, data and conclusions from past geological assessments, or geotechnical investigations of the site, site-specific measurements, tests, investigations, or studies,

2.    A determination of potential landslide hazard area conditions on the site, and its immediate vicinity, which may affect development on the site,

3.    Consideration of the run-out hazard to the proposed development posed by debris from a landslide starting upslope (whether part of the subject property or on a neighboring property) and/or the impacts of landslide run-out on down slope properties, and

4.    Results, conclusions and recommendations including supporting analysis and calculations and a list of mitigation measures necessary in order to safely construct or develop within the landslide hazard area.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

A.    The Department may require a covenant between the owner(s) of the property and the City when development is to occur within a landslide hazard area. The covenant shall be signed by the owner(s) of the site and notarized prior to issuance of any permit by the City. The covenant shall not be required where the permit or approval is for work done by the City. The covenant shall include:

1.    A legal description of the property;

2.    A description of the property condition making this subsection applicable;

3.    A statement that the owner(s) of the property understands and accepts the responsibility for the risks associated with development on the property given the described condition, and agrees to inform future purchasers and other successors and assignees that the property is located within a landslide hazard area, of the risks associated with development thereon, of any conditions or prohibitions on development imposed by the City, and of any features in this design which will require maintenance or modification to address anticipated soils changes;

4.    The application date, type, and number of the permit or approval for which the covenant is required; and

5.    A statement waiving the right of the owner(s), the owner’s heirs, successors and assigns to assert any claim against the City for any loss or damage to people or property either on- or off-site resulting from soil movement by reason of or arising out of issuance of the permit or approval by the City for the development on the property, except only for such losses that may directly result from the sole negligence of the City.

B.    The covenant shall be filed by the Department with the Thurston County Auditor, at the expense of the owner, so as to become part of the Thurston County real property records.

(Ord. 7030 §1 (Exh. A), 2016; Ord. 6356 §5, 2005).

Erosion hazard areas are those areas characterized by soil types that are subject to severe erosion when disturbed. These include, but are not limited to, those identified by the United States Department of Agriculture Soil Conservation Service Soil Classification System, with a water erosion hazard of "severe" or "high." These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading.

(Ord. 7030 §1 (Exh. A), 2016).

A.    Before approving any development under this subsection, the Department may require the applicant to submit any or all of the following information in addition to a critical areas report:

1.    A geotechnical report prepared by a geotechnical engineer or engineering geologist licensed in the state that describes how the proposed development will impact or be impacted by each of the following on the subject property and nearby properties:

a.    Slope stability, landslide hazard, and sloughing;

b.    Seismic hazards;

c.    Groundwater;

d.    Seeps, springs and other surface waters; and

e.    Existing vegetation

2.    A site plan, in two-foot contours, that identifies the type and extent of geologically hazardous areas on site and off site that are likely to impact or be impacted by the proposal.

3.    Recommended foundation design and optimal location for roadway improvements.

4.    Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties.

5.    Any other information the city determines is reasonably necessary to evaluate the proposal.

B.    If the city approves any development under this section, it may, among other appropriate conditions, impose the following conditions of approval:

1.    The recommendations of the geotechnical report are followed;

2.    A geotechnical engineer or engineering geologist is present on site during all development activities. As an alternative, the city may require minimal site visits by the geotechnical engineer or engineering geologist to establish proper methods, techniques and adherence to plan drawings;

3.    Trees, shrubs and groundcover are retained except where necessary for approved development activities on the subject property;

4.    Additional vegetation is planted in disturbed areas; and

5.    Submit a letter by the geotechnical engineer or engineering geologist stating that they have reviewed the project plan drawings and in their opinion the plans and specifications meet the intent of the geotechnical report.

(Ord. 7030 §1 (Exh. A), 2016).

Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by:

A.    The magnitude of an earthquake;

B.    The distance from the source of an earthquake;

C.    The type of thickness of geologic materials at the surface; and

D.    The type of subsurface geologic structure.

(Ord. 7030 §1 (Exh. A), 2016).

Alterations to seismic hazard areas may be allowed only as follows:

A.    The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; or

B.    Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of damage, death, or injury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of OMC 18.32.135 and shall be approved by the Department.

(Ord. 7030 §1 (Exh. A), 2016).

Code revisor’s note: Ord. 7090 adds these provisions as Section 18.32.325. This section has been editorially renumbered to avoid duplication of numbering.

The purpose of this chapter is to establish standards for landscaping and screening; to maintain or replace existing vegetation, provide physical and visual buffers between differing land uses, provide opportunities for stormwater management, lessen and improve environmental and aesthetic impacts of development and to enhance the overall appearance of the City. Notwithstanding any other provision of this chapter, trees and shrubs planted pursuant to the provisions of this chapter shall be of types and ultimate sizes at maturity that will not impair the scenic vistas protected within Chapter 18.50.100, Design Review, nor interfere with power lines, underground utilities or impervious surface.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

This chapter shall apply to all development applications in the city, with the exception of individual single-family residential lots and development containing four (4) or less attached dwelling units. All changes in the use of a property or remodel of a structure that requires improvements equal to or greater than fifty (50) percent of the assessed property valuation shall comply with the requirements of this Chapter. See Design Review, Chapter 18.100 and Individual Commercial Landscape Design District Requirements.

(Ord. 7094 §10, 2017; Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    Existing Trees, Soils, and Associated Vegetation.

1.    The applicant will be required to retain existing trees, soils, and associated vegetation pursuant to the City’s Tree Soil, and Native Vegetation Protection and Replacement Chapter, OMC 16.60. This may require site design modifications including, but not limited to: relocating buildings and other site improvements, additional perimeter setback, changes in the size and locations of parking lot islands, etc.

2.    Where existing trees and associated vegetation serve the same or similar function to the required landscaping, they shall have priority over and may substitute for the required landscaping, provided the following conditions are met:

a.    The trees must be healthy and not constitute a hazard as determined by a qualified professional forester pursuant to OMC 16.60. Trees must be appropriate for the site at mature size.

b.    A Soil and Vegetation Plan must be developed, by a qualified professional forester pursuant to OMC 16.60.

c.    The Soil and Vegetation Plan must be approved by the City of Olympia.

d.    Supplemental landscaping is provided within or adjacent to these areas, as necessary, to accomplish the specific intent and purpose of this chapter.

3.    All portions of the site not proposed for building, other site improvements and required landscaping, shall be retained in a predeveloped, uncompacted, forested and vegetative condition and may be required to be designated and noted on the final plat or approved site plan as a Soil and Vegetation Protection Area. The approval authority may require mitigation in these areas to improve the existing soil and vegetation.

B.    Coverage. All planting areas shall have plant materials that provide eighty (80) percent coverage within three years.

C.    Irrigation.

1.    Irrigation, if used, must be the minimum necessary for the purposes of plant establishment and maintenance.

2.    All irrigation systems shall be adequate to ensure survival of all retained and new plants and may be equipped with a controller capable of dual or multiple programming. Controllers must have multiple start capability and flexible calendar programming. They must also allow for at least seven day timing cycles. Timers should be set to water during evening hours after sundown.

3.    Irrigation systems shall be designed and operated to minimize runoff and overspray to non-irrigated areas.

4.    The water schedule for each circuit identified on the approved landscape plan must be posted inside the corresponding controller.

D.    Groundcover/Turf.

1.    Ground cover shall be planted and spaced in a triangular pattern which will result in coverage of eighty (80) percent in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may be included in total ground cover calculations.

2.    Lawn is prohibited in parking lots unless needed and approved for stormwater conveyance. Grass species, if used as groundcover, shall be appropriate for the location, use, and size of area. (See Suitability below.)

E.    Suitability and Vegetation.

1.    The vegetation selected for the landscape plan shall be suited to the climate, location, and physical conditions of the site so it can be reasonably expected to survive. Trees shall be selected and located to minimize the potential for interfering with or damaging power lines, underground utilities, or impervious surfaces. Trees shall be selected for their compatibility with the site design at their mature size. Trees shall be selected and located to minimize potential damage to structures and injuries to people.

2.    All developments shall use native vegetation, or vegetation that is well-adapted and drought-tolerant where conditions and location support their survival.

3.    The Department will maintain a list of Prohibited Landscape Plants. Plants on this list will have characteristics that despite being well-adapted to site conditions, make them invasive, subject to disease, likely to damage infrastructure, or otherwise cause future management issues. This list will be periodically reviewed and updated by the Department.

F.    Mulch/Soil.

1.    To reduce erosion, minimize evaporation, provide for weed control and to enhance growing conditions, all areas to be planted shall be mulched approximately four (4) inches deep with composted or other approved organic material.

2.    Existing soil types shall be identified on landscape plans and in the Soil and Vegetation Plan. Soils that are found to be inadequate to provide for the long-term health of proposed landscaping shall be amended up to twenty-four (24) inches deep with soil amendments such as bio-solids or other material as deemed necessary by the approval authority.

G.    Trees.

1.    Trees. Trees size and quality shall comply with standards delineated in the Urban Forestry Manual.

2.    Tree Distribution. Trees in Soil and Vegetation Protection Areas shall be comprised of at least 60% conifer species, unless site conditions are not suitable as determined by the Urban Forester. A conifer produces cones with naked seeds, typically perennial leaves. The leaves are always simple, either narrow, linear or needle-like leaves or very small and scale-like.

3.    Street Trees. Street trees will be required as part of frontage improvements pursuant to City of Olympia Engineering Design and Development Standards. The species and spacing of required trees will be approved by the City of Olympia’s Urban Forester, or designee, consistent with the provisions of OMC 16.60 and this Chapter.

H.    Clear Sight Triangle. Fences and landscape plants at maturity shall not exceed two and a half (2.5) feet in height within a clear sight triangle for traffic safety. (See 18.40.060(C) for triangle dimensions.)

I.    Waste Containers, Mechanical Equipment and Open Storage.

1.    Waste Containers and Mechanical Equipment: Solid waste containers (dumpsters, carts, drop boxes and compactors) and mechanical and electrical equipment in industrial, commercial, multi-family and mixed-use projects, which would otherwise be visible from adjoining streets shall be screened from public view by a Type II Visual Screen unless such would interfere with access and service, in which case a Type III Visual Buffer shall be provided.

2.    Open Storage: All outside storage areas shall be fully screened by a Type I Solid Screen a minimum of five (5) feet in width, unless the Department finds such storage material is not visually obtrusive.

J.    Stormwater Pond and Swales.

1.    Stormwater drainage ponds and swales and other stormwater facilities shall be located where they will not unreasonably impede pedestrian access to or between buildings. They shall be attractively landscaped with native, or well-adapted drought-tolerant plants and integrated into the site design.

2.    Existing water bodies and wetlands should be incorporated into the site design as an amenity.

K.    Pedestrian Facilities. Pedestrian facilities, transit stops, and barrier free access may be allowed in required landscape areas without requiring additional buffer area, provided the intent of this Chapter is met and that the function and safety of the pedestrian facility, transit stop or barrier free facility is not compromised.

L.    Types of Perimeter Landscape.

1.    Solid Screen (Type I). Purpose: This type of landscaping is intended to provide a solid sight barrier between totally separate and incompatible land uses such as residential and industrial areas. It is also used around outdoor storage yards and service yards.

Materials: Landscaping shall consist of evergreen trees, tall shrubs and ground cover which will provide one hundred percent sight-obscuring screen; OR a combination of seventy-five (75) percent evergreen and twenty-five (25) percent deciduous trees with large shrubs and ground cover backed by a one hundred (100) percent sight-obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section.

2.    Visual Screen (Type II). Purpose: This type of vegetation or landscape structure, or both, is intended to create a visual separation that may be less than one hundred (100) percent sight-obscuring. It is typically found between commercial and industrial zones; high density multifamily and single family zones; commercial/office and residential zones; and to screen commercial and industrial use waste containers, mechanical and electrical equipment from the street.

Materials: Vegetative landscaping shall consist of evergreen OR a combination of approximately sixty (60) percent evergreen and forty (40) percent deciduous trees, interspersed with large shrubs and ground cover. A sight-obscuring fence or other landscape structure can be used and may be required if necessary to reduce site specific adverse impacts to adjacent land uses. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section (See Section 18.170.050, Multifamily Residential, Fences and Walls).

3.    Visual Buffer (Type III). Purpose: This type of landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses in order to soften the appearance of parking areas and building elevations. Landscaping shall consist of no more than forty (40) percent deciduous species. Waste containers may be buffered from view using vegetation or a landscape structure or both.

Materials: Vegetative landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and ground cover. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section.

(Ord. 7288 §21, 2021; Ord. 7249 §9, 2020; Ord. 7045 §6, 2016; Ord. 7027 §28, 2016; Ord. 6902 §§1, 2, 2014; Ord. 6273 §21, 2003; Ord. 5517 §1, 1995).

A plan of proposed landscaping and screening shall be included with plans submitted for site plan review or Hearing Examiner review. The plans shall be drawn to scale and contain the following information:

A.    Landscape Plan.

1.    Plan Preparation.

a.    Four (4) or Less Multifamily Units and Commercial Development having less than 20,000 square feet of gross floor area. Landscape plans required by this section shall be prepared by a person experienced in the selection and installation of plant materials and landscape design. Plans shall be drawn to scale and meet all plan submittal requirements of item 2 below.

b.    Five (5) or More Multifamily Units; Commercial Development consisting of 20,000 square feet or more of gross floor area; and all development located on a High Density Corridor or Design Review Corridor. Landscape plans required by this section shall be prepared by a Registered Landscape Architect or Certified Washington State Landscaper or Horticulturalist. Plans prepared by others shall have their design plans certified by one of the aforementioned groups, attesting that all requirements of this Chapter have been met or exceeded.

2.    Plan Requirements. New landscape plans must identify location, species and diameter or size of plant materials using both botanical and common names. Drawings shall reflect the ultimate size of plant materials at maturity. All drawings shall depict:

a.    Existing property lines and perimeter landscape areas;

b.    All public and private open space, including plazas, courts, etc.;

c.    Parking lot planting areas and vehicle use areas, driveways and walkways;

d.    Location of clear sight triangle, if applicable;

e.    Location of buildings or structures (existing and proposed);

f.    Location of aboveground stormwater drainage pond(s) and swales;

g.    Street tree location;

h.    Screening of mechanical equipment;

i.    Existing soil type and required amendments;

j.    Planting details describing method of installation;

k.    Location and description of existing trees or groves of trees to be retained;

l.    Location and description of existing soils and groundcover vegetation to be retained;

m.    Location and type of any invasive plants and timeline for removal;

n.    Planting locations showing mature size of plants, size of planting stock, species of plant materials, and tree density calculations;

o.    Timeline for site preparation and installation of plant materials;

p.    Cost-estimate for the purchase, installation and three (3) years maintenance of landscaping.

(Ord. 7187 §3, 2019; Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    The applicant may formally request in writing a modification from the landscaping requirements set forth in this Chapter; provided there is:

1.    No reduction in critical area and buffer, unless permitted by the Chapter 18.32 Critical Areas;

2.    No reduction in required tree density; and

3.    No reduction in required Soil and Vegetation Protection Area.

B.    The Department may administratively approve a modification of landscape requirements for reasons of increased safety, a design which clearly exceeds Chapter requirements or environmental protection, to achieve the goals and requirements of the low impact development aspects of the Drainage Manual, or when the application of this Chapter is infeasible within prior built environments. The applicant shall provide evidence that either strict application of this Chapter is infeasible and/or it is in the long-term best interest of the city to modify landscape requirements. Required landscape plans may be modified only under the following circumstances, as applicable.

1.    The proposed landscaping clearly exceeds the requirements of this Chapter.

2.    The proposed landscaping maintains or increases solar access for purposes of solar energy devices.

3.    The proposed landscaping provides for the preservation of existing trees, soils, and associated vegetation. Trees shall not constitute a hazard as determined by a qualified professional forester, pursuant to OMC 16.60.

4.    Strict application of this Chapter violates special easement requirements.

5.    A site that can not comply with landscape requirements because of prior development (after investigating alternatives to reduce required parking, etc.).

6.    In those instances where above ground stormwater requirements serve the same or similar function as required landscaping. The proposed landscaping significantly improves stormwater treatment and aquifer recharge beyond what can be achieved by this Chapter.

7.    The preservation of Scenic Vistas.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

In the event of a conflict between the standards for individual uses and other general requirements of this chapter the more stringent shall apply. Determination of the appropriate standards shall be made by the Director of the Community Planning and Development Department.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    Perimeter Landscape. Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the required width and the intent and purpose of screening is achieved.

1.    Plant Coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways, and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area.

2.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or Well-Adapted Drought-Tolerant vegetation, where site conditions are appropriate for establishment and long-term survival.

3.    Buffer Area Next to R-4 and R 4-8.

a.    Any land use of higher density, intensity or use that is directly adjacent to an R4 or R 4‑8 zone district shall have a solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of use.

b.    Mixed use developments or in areas where combined commercial and residential pedestrian use is desired, a Type II or III screen should be used. Screening area and materials for commercial and residential developments may be combined to achieve the desired screening and pedestrian enhancement. See Section 18.36.060(L) for types of screening.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    Perimeter Landscape. Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the standard width requirement and the intent and purpose of screening is achieved.

1.    Plant Coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways, and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area. Type II and III perimeter landscaping shall be used depending upon adjacent perimeter land uses. (See Types of Perimeter Landscape, Section 18.36.060(L).)

2.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival.

3.    Buffer Area Next to Incompatible Uses.

a.    Where a development subject to these standards is contiguous to a residential zoning district, areas of residential development or other incompatible use, then the required perimeter area shall be landscaped with solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of use.

b.    Mixed use developments or in areas where combined commercial and residential pedestrian use is desired, a Type II or III screen should be used. Screening area and materials for commercial and residential developments may be combined to achieve the desired screening and pedestrian enhancement. See Section 18.36.060(L) for types of screening.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    Applicability.

1.    The standards of this section shall apply to both public and private parking lots; and

2.    Any use within a residential district requiring more than ten (10) parking spaces; and

3.    All commercial and industrial uses of land and development.

B.    Perimeter Landscaping

In order to soften the appearance of parking lots, separate one parking area from another or from other uses, the following standards apply:

1.    Screening strips – Perimeter landscaping strips shall be provided as follows:

a.    Between parking lots and street rights-of-way, screening strips shall be a minimum of ten (10) feet in width; and

b.    All other zone districts without setbacks shall install a perimeter screening strip at least five (5) feet wide, except as provided in (2) below; and

c.    Exceptions to (a) and (b) above are allowed by administrative exception below:

2.    Administrative Exception. The following landscape screen exceptions shall only apply to commercial and industrial districts:

a.    Parking lot screening strips abutting a non-residential use or district may be reduced in width to the minimum needed to accommodate and maintain the screening materials, as determined by the Department; provided plant materials are placed an appropriate distance from sidewalks or other public facilities to prevent future damage or obstruction.

b.    The Director may allow the alteration of screening strips as necessary to provide for direct pedestrian access between sidewalks and building entrances or between parking lots and building entrances, for ‘low impact’ stormwater management, or for trash receptacles, utility boxes, or driveways.

3.    Perimeter Landscaping - Materials.

a.    Native Vegetation. Required landscaping shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited unless as needed and approved for stormwater conveyance.

b.    Deciduous trees shall have a minimum size of two (2) inches in caliper measured six (6) inches above the base. Evergreen trees shall be a minimum six (6) feet in height at planting.

c.    Shrubs and ground cover. Ground cover shall be planted and spaced in a triangular pattern which will result in eighty (80) percent coverage in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may also be included in total ground cover calculations.

C.    Interior Parking Lot Landscaping.

1.    The following interior parking lot landscape area is required for all development covered by 18.36.180(A). Space requirements are considered minimums, additional landscape area may be necessary to meet design requirements below.

2.    Landscape Islands - Design.

a.    The applicant shall install landscape islands which must be a minimum of one hundred forty-four (144) square feet. Islands must be designed so that trees will be planted a minimum of six (6) feet from any hard scape surface. The minimum island size may be reduced if appropriate accommodations for the trees and roots to mature to full size are provided. Accommodations can include ‘structural soil’ or other methods that provide adequate soil volume as provided by the City.

b.    Islands shall be provided in the following location:

i.    Landscaping islands shall be placed at the end of every parking row and with a spacing of approximately one (1) island for every nine (9) parking spaces consistent with a goal of maximizing canopy tree coverage at maturity; and

ii.    Between loading doors/maneuvering areas and parking area; and

iii.    Any remaining required landscaping shall be dispersed throughout the parking lot interior to reduce visual impact.

c.    Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based on appropriate surface water considerations, other structural barriers such as concrete wheel stops may be substituted for curbing.

3.    Landscape Islands - Materials.

a.    One tree must be planted for every two hundred (200) square feet of landscape island area; provided that every landscape island must contain at least one (1) tree. Two (2) trees are required in islands separating or ending a double row of parking, regardless of the island size. Planting areas must be provided with the maximum number of trees possible given recommended spacing for species type, and the estimated mature size of the tree.

b.    All landscape islands within parking areas shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation, where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited except as needed and approved for stormwater conveyance.

c.    No plant material greater than twelve inches in height shall be located within two (2) feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicle use areas.

d.    Deciduous and/or conifer trees shall be used which form a vase, round, oval, open, pyramidal, irregular, weeping, or spreading shaped canopy. Deciduous trees shall have a minimum size of two (2) inches in caliper measured six (6) inches above the base. Evergreen trees shall be a minimum six (6) feet in height at planting.

e.    Shrubs and ground cover. Ground cover shall be planted and spaced in a triangular pattern which will result in eighty (80) percent coverage in three (3) years. The mature size of shrubs and trees whose canopy is no more than two (2) feet above the ground may also be included in total ground cover calculations.

f.    Motor vehicle overhang. Parked motor vehicles may overhang landscaped areas up to two (2) feet when wheel stops or curbing are provided. Plants more than twelve (12) inches tall are not allowed within the overhang area.

(Ord. 7288 §22, 2021; Ord. 7249 §10, 2020; Ord. 7027 §28, 2016; Ord. 6967 §20, 2015; Ord. 6195 §27, 2002; Ord. 5714 §16, 1997; Ord. 5517 §1, 1995).

A.    Applicability.

1.    The standards of this section shall apply to radio, television, and other communication antenna support structures (towers) and equipment compounds, and

2.    Wireless communications facilities antenna support structures and equipment compounds.

B.    Screening. Equipment compounds which are visible from adjoining streets, parking areas, or other abutting properties shall be screened from view by a Type I Solid Screen a minimum of five (5) feet in width.

C.    Perimeter Landscape.

1.    Perimeter landscape strips may be averaged, provided the minimum width is not less than fifty (50) percent of the required width and the intent and purpose of screening is achieved.

2.    Plant coverage. Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways or walkways shall be landscaped. The required width of perimeter areas to be landscaped shall be the depth of the required yard or setback area. Type II or III perimeter landscaping shall be used depending on adjacent perimeter land uses. (See Types of Perimeter Landscape, Section 18.36.060(L).)

3.    Buffer area next to incompatible uses. Where a facility subject to these standards is within or contiguous to a residential zoning district, areas of residential development or other incompatible use, then the required perimeter area shall be landscaped with solid screen (Type I) or visual screen (Type II) along the abutting perimeter, depending on the intensity of the abutting use.

4.    Alternative landscaping. In lieu of the above requirements, in special cases including, but not limited to, cases where a required tree would be closer to the tower supporting the antenna than the height of the tree at maturity, the applicant may prepare a detailed plan and specifications for landscape and screening, including plantings, fences, walls, topography, etc., to screen the base of the tower and accessory uses. The plan shall accomplish the same degree of screening achieved in items (2) and (3) above but may deviate from the specific requirements, and it must demonstrate to the satisfaction of the City that the public interest will be equally served by such plan.

(Ord. 7027 §28, 2016; Ord. 6395 §15, 2006).

A.    Landscape Installation.

1.    All required landscaping shall be installed prior to issuance of a Certificate of Occupancy (CO) or final inspection; excluding street trees within plats which may use a surety device to guarantee their installation.

2.    A CO may be issued prior to completion of required landscaping provided the following criteria are met:

a.    An applicant or property owner files a written request with the Department five (5) days prior to the CO inspection; and

b.    The request explains what factors are beyond the applicant’s control or which create a significant hardship to prevent the installation of landscape prior to the issuance of a CO; and

c.    The applicant or property owner has demonstrated a good faith effort to install all required landscaping; and

d.    Provided requirements (a) through (c) are met, a performance assurance must be posted with the city in a form listed in paragraphs B, C, and D below.

3.    The time extension to complete all landscaping may not exceed ninety (90) days after issuance of a Certificate of Occupancy.

4.    Failure to complete the installation of required landscape within ninety (90) days after the CO is issued shall constitute a violation of the zoning ordinance.

B.    Performance assurance devices shall take the form of one of the following:

1.    A surety bond in a form approved by the City Attorney executed by a surety company authorized to transact business in the state;

2.    Cash;

3.    Assigned savings pursuant to an agreement approved by the City Attorney.

C.    If a performance assurance device is employed, the developer/property owner shall provide the City with a non-revocable notarized agreement granting the City and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.

D.    If the developer/property owner fails to carry out provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the City, the remainder shall be released. If the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the developer shall be liable to the City for the difference.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

A.    Plant Maintenance. Whenever landscaping is required under the provisions of this Chapter, all shrubs and trees in the landscape and planting areas shall be maintained in a healthy condition. Property owners shall be responsible for pruning vegetation which interferes with pedestrians and bicyclists, and that obstructs vehicle clear vision triangles.

B.    Irrigation. All portions of any irrigation system shall be maintained in order to perform its original function. Uncontrolled emission of water from any pipe, valve, head, emitter or other irrigation device shall be considered evidence of non-maintenance and a violation of this ordinance.

C.    Hard scape. Maintenance of all landscape areas shall also include the painting, repairing, reconstruction, and restoration of landscape structures such as fences, walls, overheads, trellises, etc.

D.    Bonding. In addition to any other remedy provided within this code for any landscape maintenance requirements imposed by this Chapter, the city may also require a performance or maintenance bond if maintenance is not adequately provided.

(Ord. 7027 §28, 2016; Ord. 5517 §1, 1995).

To benefit from the protection herein provided, the nonconforming use, building or structure must have been legitimately and lawfully established prior to the effective date of the ordinance or standard that rendered it nonconforming.

(Ord. 5517 §1, 1995).

A.    Alterations. Any building or structure that does not meet the criteria in section 18.37.040 (B) and is nonconforming as to development/building coverage, yard, building setback, height, open space or density provisions of the use district in which it is located, may be enlarged or remodeled if such alterations do not contribute to further nonconformity. To the extent practical and feasible, any such alteration shall bring the building or structure into closer conformance with the provisions of this title. Enlargement of a nonconforming building within a required yard, whether horizontally or vertically, shall constitute a further nonconformity. Preservation of structure remnants, including but not limited to walls and foundations, solely to justify an exception from conformance shall not be permitted.

B.    Alterations of multi-family residential buildings. The Hearing Examiner may grant a conditional use permit to allow alteration or expansion of a building within a multi-family complex having ten or more units located in the R-4-8 single-family residential zone or R-6-12 two-family zone if the alteration does not exceed more than a ten percent increase in gross building area and does not increase any non-conformity relating to building setback or height provisions of the use district in which it is located. Any such alteration must occur on the same site as the existing non-conforming use. To the extent practical and feasible, any such alteration shall bring the building or structure into closer conformance with the provisions of this title. A conditional use permit of this type may not be granted more than once by the Hearing Examiner within the same ten year period for the same non-conforming multi-family complex.

C.    Relocation. Nonconforming buildings or structures shall not be relocated on the same site unless the move results in bringing the building or structure into closer conformance with the provisions of this title.

D.    Restoration. In the event that a nonconforming structure or building is less than fifty (50) percent destroyed by fire, explosion, act of God or act of public enemy, nothing in this title shall prevent the securing of building permit within six (6) months from the date of destruction for the restoration of said structure. The determination of whether a building or structure is less than fifty (50) percent destroyed shall rest with the building inspector and shall be based on the actual cost of replacing said structure or building. In case the building to be restored houses a nonconforming use, such use is not to be changed unless such change is in conformance with the portion of this section dealing with conversions.

E.    Awnings. Awnings which may be affixed to a commercial building which is legally nonconforming as to setback, may project over a public rights-of-way.

(Ord. 6594 §10, 2008; Ord. 6273 §25, 2003; Ord. 5830 §43, 1998; Ord. 5714 §17, 1997; Ord. 5517 §1, 1995).

A.    Conversions.

1.    A nonconforming use may be changed to a permitted use at any time.

2.     The Hearing Examiner may grant a conditional use permit for a period of not more than ten (10) years that allows a nonconforming use to change to another nonconforming use that would not normally be allowed in the district in which it is located; provided, that the following can be clearly demonstrated by the applicant:

a.    The structure that houses the existing nonconforming use cannot be used for any permitted uses because of its particular design; and

b.    The proposed use will be more compatible with the permitted uses of the use district than the existing use; and

c.    Provisions have been made to safeguard the adjoining properties against any detrimental effects that might result from allowing the proposed use.

3.    The Hearing Examiner also may grant a conditional use permit to allow the following uses to change to another residential or commercial use that is not typically allowed in the district in which it is located:

a.    An existing commercial or institutional structure in a residential zone when such structure is on the National, State or Olympia Heritage Register; or

b.    An existing commercial or institutional structure within a National, State or Olympia Historic District, excluding the South Capitol Historic District; or

c.    An existing commercial or institutional structure conditioned on restoration of a structure to achieve Register status; provided, that the following can clearly be demonstrated by the applicant:

i.    The structure cannot be utilized for any of the uses normally permitted within that district; and

ii.    The proposed use will not alter the historic features documented at the time of Register placement; and

iii.    Provisions have been made to safeguard the adjoining properties and the neighborhood against any detrimental effects that might result from allowing the proposed use, subject to the requirements in 18.70.180(C), Additional conditions.

At a minimum, the conditional use permit shall establish controls on parking, lighting, noise, and hours of operation.

This section does not authorize the Hearings Examiner to allow as a nonconforming use the property uses contained in Subsection E. of OMC 18.37.060, Nonconforming Use, Discontinuation, except the Hearings Examiner may authorize restaurants as a non-conforming use.

4.    A conditional use permit of this type may be renewed by the Hearing Examiner for a period of not more than ten (10) years if it can be clearly demonstrated that:

a.    The continued use of the premises in the manner allowed by the permit will not have any detrimental effect upon the property values of the surrounding properties;

b.    That such use has minimal adverse effect upon the people living or working in the vicinity of such use; and

c.    That it will create a hardship for the owner of the structure if the conditional use permit is not renewed.

B.    Relocation and Enlargement. The area devoted to a nonconforming use shall not be relocated or enlarged.

C.    Open Land. The use of land (having no buildings thereon, except those incidental to the nonconforming use) which does not conform to the provisions of this title, shall be discontinued within three (3) years from the effective date of the ordinance that made such use nonconforming. The use of “open land” which becomes nonconforming by subsequent amendment or annexation shall likewise be discontinued within three (3) years from the effective date of the amendment or annexation.

D.    Signs. See OMC 18.43.

E.    Discontinuation.

1.    A nonconforming use, when abandoned or discontinued, shall not be resumed. Discontinuation or abandonment shall be construed as follows:

a.     When land used for a nonconforming use shall cease to be used for that particular use for twelve (12) consecutive months;

b.    When a building designed or arranged for a nonconforming use shall cease to be used for that particular use for twelve (12) consecutive months;

c.    When a building designed or arranged for a conforming use but used for a nonconforming use shall cease to be used for such nonconforming use for twelve (12) consecutive months.

2.    The Hearing Examiner may, by conditional use permit, allow a discontinued or abandoned use to resume operations if it can be proven that all of the following conditions exist.

a.    That discontinuation or abandonment was caused by a condition over which the owner and operator of such use had no control.

b.    That it is impossible for the owner to change the use of the premises to a permitted use without causing a hardship to that owner.

c.    That resumption of the nonconforming use will not have a detrimental effect on surrounding properties.

F.    Restoration. In the event that a non-conforming multi-family residential structure or building is destroyed by fire, explosion, act of nature or act of public enemy, nothing in this title shall prevent the securing of a building permit within twelve (12) months from the date of destruction for the restoration of said structure. In the event that a structure or building housing a nonconforming use is less than fifty (50) percent destroyed by fire, explosion, act of nature or act of public enemy, nothing in this title shall prevent the securing of a building permit within twelve (12) months from the date of destruction for the restoration of said structure. The determination of whether a building or structure is less than fifty (50) percent destroyed shall rest with the building inspector and shall be based on the actual cost of replacing said structure or building. In the event that said structure or building is fifty (50) percent or more destroyed, a building permit for restoration may not be issued except upon a finding by the Hearing Examiner that said nonconforming use will not interfere with the right of neighboring residents or property owners to make use of their property as permitted in the use district in which they are located. Review by the Hearing Examiner shall be conducted as provided for in Chapter 18.82, Hearing Examiner.

(Ord. 7205 §15, 2019; Ord. 7187 §3, 2019; Ord. 6717 § 1, 2010; Ord. 6594 §11, 2008; Ord. 6408 §23, 2006; Ord. 5517 §1, 1995).

A.    Existing structures and uses. Existing structures and uses which are located within a critical area or its buffer prior to the effective date of Chapter 18.32, which is June 20, 2005, may continue pursuant to the provisions of this Chapter.

B.    Appurtenant structures and related development. If there is no negative impact to critical area buffers, the Department may include as “existing structures and uses,” pursuant to OMC 18.37.070(A) appurtenant structures and related development such as but not be limited to: garages, out-buildings, lawns, landscaping, gardens, sports fields, sport courts, picnic areas, play equipment, trails and driveways which also existed prior to the effective date of Chapter 18.32.

C.    Critical area review. That portion of a parcel which contains existing structure, appurtenant structures, and related development as defined by OMC 18.37.010(A) and 18.37.070(B), shall be exempt from further review of OMC Chapter 18.32, except as provided in OMC 18.32.215. Expansion or additions of structures and uses listed in OMC 18.37.070(A) and 18.37.070(B) into undisturbed parts of the property which are within a critical area or its buffer will require a critical area review per OMC Chapter 18.32.

(Ord. 7030 §1 (Exh. C), 2016; Ord. 6426 §51, 2006; Ord. 6356 §6, 2005).

A.    Any use may be established on an undersized lot which cannot satisfy the lot area or width requirements of the applicable district, provided that:

1.    All other applicable regulations of the City, as well as the development standards in this code are met.

2.    The lot was legally created and satisfied the lot area and width requirements applicable at the time of creation.

3.    Thurston County Environmental Health Division standards are met.

4.    The lot cannot be combined with contiguous undeveloped lots to create a lot of required size.

(Ord. 5830 §13, 1998).

The objectives of this chapter are:

A.    To provide accessible, attractive, well-maintained and screened off-street parking facilities;

B.    To reduce traffic congestion and hazards;

C.    To protect neighborhoods from the unwanted effects of vehicular traffic generated by adjacent non-residential land use districts;

D.    To assure the maneuverability of emergency vehicles;

E.    To provide aesthetically pleasing parking facilities in proportion to individual land use needs;

F.    To implement comprehensive plan transportation demand management policies, thereby lowering single occupancy vehicle trip;

G.    To reduce impervious parking surface through shared parking and median parking ratios;

H.    To provide required parking standards and to allow a reduction or increase in parking ratios using an administrative modification;

I.    To allow for more intense commercial development within predefined areas;

J.    To promote the development of housing, including affordable housing, through residential parking standards.

(Ord. 7366 §1, 2023; Ord. 7110 §3, 2017; Ord. 5517 §1, 1995).

Unless specifically exempted, every land use shall have permanently maintained off-street parking facilities pursuant to the following regulations.

(Ord. 7110 §3, 2017; Ord. 7027 §29, 2016; Ord. 5517 §1, 1995).

A.    Off-street parking and loading spaces shall be provided in accordance with the provisions of this chapter when any of the following actions occur. These provisions apply to all uses and structures in all land use districts unless otherwise specified.

1.    When a main or accessory building is erected.

2.    When a legally established existing structure is remodeled or enlarged on a legally established site, it shall be exempt from providing additional off street parking provided that the structure is not enlarged, extended, or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to this chapter. In the case of a structure expanding, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of the chapter. In residential structures, alterations that do not increase the number of dwelling units are exempt.

3.    When a use is changed to one requiring more or less parking or loading spaces it must comply with parking requirements. Except, when a new use of an existing building requires a similar amount of parking as the previous use (within 10% or 5 spaces, whichever is greater) regardless of the number of existing spaces onsite. A change of use exceeding this will require additional vehicular and bicycle parking. This also includes all occupied accessory structures.

4.    When the number of stalls in an existing parking lot is decreased or increased by twenty-five (25) percent or 6 stalls, whichever is less. Only those stalls and areas proposed to be added or removed shall be subject to the provisions of this Chapter. (Note: proposed expansions of existing parking lots not subject to the minimum parking requirements of this Chapter).

B.    Required Plans. Building permits shall not be approved unless there is a building plan and site plan identifying parking, pedestrian routes, and loading facilities in accordance with this chapter. No permit or city license shall be issued unless there is proof that required parking, pedestrian routes, and loading facilities have been or are currently provided in accordance with the provisions of this chapter.

C.    Unlawful Removal. It is unlawful to discontinue prior approved parking facilities without establishing alternate facilities that meet the requirements of this chapter. Parking and loading facilities which are adequate to meet the requirements contained in this chapter shall be provided and maintained as long as the use they serve is in existence. These facilities shall not be reduced in total unless a shared parking agreement is canceled, a change in occupancy or use of a premises has occurred which results in a reduction of required parking.

D.    Use of Facility. Necessary precautions shall be taken by the property owner to ensure parking and loading facilities are only used by tenants, employees, social/business visitors or other persons for which the facilities are provided, to include shared parking.

E.    Off-site Parking. Parking lots may be established as a separate and primary land use, provided the proposed parking lot exclusively serves a specific use, building or development, and shared parking. These parking lots require a conditional use permit in the Arterial Commercial district. (See 18.38.200, Parking Facility Location, for maximum off-site separation requirements.)

F.    For Landscape Requirements refer to Chapter 18.36.

G.    Off-Street Parking--Schedule of Spaces. Off-street parking spaces shall be provided to the extent allowed by this Chapter.

H.    Unlisted Uses. Any use clearly similar to any of the below-mentioned uses shall meet such use requirements. If a similarity of use is not apparent or no specific requirement is listed below, the Director may require a parking demand study and shall determine the standards that should be applied to the use in question.

I.    Shared Parking. The Director may require an applicant to provide proof that shared parking is infeasible when adjacent land uses or business hours of operation are different. Adjoining property owners will submit a joint letter explaining why an agreement can or cannot be reached. (See Section 18.38.180, Shared and Combined Parking Facilities.)

J.    On-Street Credit – Non-Residential. Upon the applicant’s request, non-residential uses located adjacent to a public right-of-way where on-street parking is permitted shall receive credit for one off-street parking space for each twenty (20) linear feet of abutting right-of-way, exclusive only of curb cuts and regardless of the actual and particular on-street parking provisions.

K.    Rounding of Fractions. When the number of required parking spaces for a particular use or building results in a fractional space, any fraction less than one-half (1/2) shall be disregarded and any fraction of one-half (1/2) or over shall be counted as one (1) space.

(Ord. 7288 §§23, 24, 2021; Ord. 7110 §3, 2017; Ord. 7027 §30, 2016; Ord. 6967 §21, 2015; Ord. 6408 §24, 2006; Ord. 5714 §18, 1997; Ord. 5664 §7, 1997; Ord. 5517 §1, 1995).

A.    Project applicants may request an administrative modification to increase or decrease the number of parking spaces for motor vehicles, bicycles and loading otherwise required by this chapter. No modification is required to increase or decrease the number of required spaces by up to ten percent.

B.    Administrative Modifications. The Director shall, at the request of the applicant, consider a modification to increase or decrease the number of required parking spaces within the range of 10 percent to 40 percent. This type of request is a Type I application pursuant to OMC 18.70.040. The project applicant shall present any modification request, and any evidence and reports.

1.    The general criteria for an administrative modification request are:

a.    Modification requests may be granted based on the effectiveness of proposed transportation demand management strategies, significance and magnitude of the proposed modification, and compliance with this chapter.

b.    Modification requests may be denied or altered if the Director has reason to believe based on experience and existing development practices that the proposed modification may lead to excessive or inadequate parking or may inhibit or prevent regular and intended functions of either the proposed or existing use, or adjacent uses.

c.    Modification requests will consider proximity of the site to public transportation, sidewalk connectivity to the site and in the surrounding area, the presence of bike facilities in and around the site, and the amount and location of on-site short- and long-term bicycle parking to be provided (e.g., increased long-term bicycle parking facilities on site to support a decrease in automobile parking).

2.    Submittal Requirements. The applicant shall submit a report providing the basis for more or less parking and must include the following:

a.    Describe site and use characteristics, specifically:

i.    Site accessibility and proximity to transit infrastructure and transit times;

ii.    Site accessibility and proximity to bicycle and pedestrian infrastructure;

iii.    Shared and combined parking opportunities; and

iv.    Employee or customer density and transportation usage and patterns.

b.    Describe and demonstrate alternative transportation strategies such as carpooling, flexible work schedules, telecommuting, or parking fees, if used;

c.    Demonstrate compliance with commute trip reduction measures as required by state law, if applicable;

d.    Identify possible negative effects on adjacent uses and mitigation strategies, if applicable;

e.    Demonstrate how the reduction will result in the construction of more housing units, if applicable; and

f.    If increasing, provide a parking demand study prepared by a transportation engineer licensed in the state of Washington, which supports the need for more parking; or

g.    If decreasing by more than 20 percent, the site must be within a quarter mile of a transit route.

h.    If the site is less than 200 feet from a low density residential zone, the applicant shall provide an assessment of anticipated impacts to available on-street parking within 1,000 feet of the site.

3.    To mitigate the need for motor vehicle parking or to minimize hard surfaces, the Director may require measures, such as more efficient parking geometrics and enhanced bicycle parking (e.g., location and number of spaces) and pedestrian amenities. As a condition of approval of any increase in motor vehicle parking, at minimum the Director shall require the compliance with the provisions below. Any exceptions must be based on site and project constraints identified and described in the approval.

a.    Double the amount of required interior landscaping for that area of additional parking. This additional area may be dispersed throughout the parking area. Fifty percent of this requirement may be in the form of parking spaces surfaced with a drivable planted pervious surface, such as ‘grasscrete’ or ‘turfblock.’

b.    Without unduly compromising other objectives of this Chapter, 90 percent of the parking area must be located behind a building. Any parking area along a flanking street must have added landscaping and a superior design to strengthen pedestrian qualities, such as low walls, arcades, seating areas, and public art.

c.    Any preferential parking must be located near primary building entrances for employees who ride-share.

d.    In locations where bus service is provided, the applicant shall install a transit shelter meeting Intercity Transit standards if none is available within 600 feet of the middle of the property abutting the right-of-way. Alternative improvements may be accepted if supported by Intercity Transit’s Director.

4.    Public Notification and Appeals. See Chapter 18.70 OMC.

(Ord. 7366 §2, 2023; Ord. 7364 §29, 2023; Ord. 7321 §7, 2022; Ord. 7110 §3, 2017; Ord. 7027 §31, 2016; Ord. 6967 §22, 2015; Ord. 6273 §23, §24, 2003; Ord. 5539 §6, 1995; Ord. 5517 §1, 1995).

A.    Required Vehicular and Bicycle Parking. A minimum number of bicycle parking spaces are required as set forth in Table 38-01 below. The specific number of motor vehicle parking spaces set forth in Table 38-01 must be provided, however the project proponent may increase or decrease by 10 percent automatically. This is not exclusive of other modifications as outlined elsewhere in the chapter. Residential uses, when parking is on site and not located in a parking lot, shall provide parking space(s) that are at least eight feet wide by 18 feet in length.

B.    Building Area. All vehicle parking standards are based on the gross square feet of building area, unless otherwise noted.

C.    Residential Provisions.

1.    Residential uses, such as housing for seniors or people with disabilities, that provide parking for staff or visitors, that comply with parking provisions in state law (RCW 36.70A.620), shall record a covenant restricting use of the site to the approved use (e.g., seniors, people with disabilities). The covenant must be recorded prior to issuance of applicable construction permits.

2.    For projects outside of the Downtown Exempt Parking Area, development projects with five or more residential units shall provide at least one accessible parking space. Accessible parking shall meet the location and dimensional standards in the adopted building codes.

3.    For accessory dwelling units, single family homes, duplexes, townhouses on individual lots, and mobile home parks there is no maximum amount of parking allowed when all other zoning standards are satisfied (e.g. lot coverages).

4.    New residential development projects within the area bounded by Cooper Point Road, Black Lake Boulevard, and Harrison Avenue (known as the Capital Mall Triangle) are exempt from minimum motor vehicle parking requirements.

D.    Reserved Area for Bicycle Spaces. Where specified in Table 38.01 below, an area shall be designated for possible conversion to bicycle parking. Such reserve areas must meet the location requirements of short-term parking and may not be areas where pervious surfaces or landscaping is required. A cover is not required for such areas.

(Ord. 7430 §3, 2025; Ord. 7366 §3, 2023; Ord. 7321 §8, 2022; Ord. 7289 §9, 2021; Ord. 7288 §25, 2021; Ord. 7267 §13, 2020; Ord. 7187 §3, 2019; Ord. 7110 §3, 2017; Ord. 7094 §11, 2017; Ord. 7027 §32, 2016; Ord. 6967 §23, 2015; Ord. 6666 §2, 2009; Ord. 6459, §2, 2007; Ord. 6323 §7, 2004; Ord. 6229 §3, 2002; Ord. 5907 §3, 1999; Ord. 5714 §19, 1997; Ord. 5539 §8, 1995; Ord. 5517 §1, 1995).

[NOTE: Loading berths are not required in Downtown Olympia (see Figure 38-1.5). (See Section 18.36.180(C)(2)(b) for landscape requirement.)]

A.    RETAIL, WHOLESALE AND MANUFACTURING USES.

Any building being or intended to be used for retail, wholesale, warehouse, freight, hospital, industrial and manufacturing uses shall be provided with off-street loading berths according to this schedule.

1.    For buildings under five thousand (5,000) square feet, an off-street loading space, having access to a public thoroughfare, shall be required adjacent to each business building, hereafter erected or enlarged; and such loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loaded or unloaded in connection with the business conducted in such building.

2.    One (1) berth shall be required for each building containing five thousand (5,000) to twenty thousand (20,000) square feet of floor area.

3.    Two (2) berths shall be required for each building containing twenty thousand (20,000) to fifty thousand (50,000) square feet of floor area.

4.    Three (3) berths shall be required for each building containing fifty thousand (50,000) to one hundred thousand (100,000) square feet of floor area.

5.    One (1) additional berth shall be required for each fifty thousand (50,000) square feet of floor area in excess of one hundred thousand (100,000) square feet.

B.    OFFICE AND HOTEL USES.

Any building intended to be used for offices, hotel, restaurant, assembly area or other similar use shall be provided with off-street loading berths according to this schedule.

1.    One (1) berth for each building containing twenty thousand (20,000) to fifty thousand (50,000) square feet of floor area.

2.    Two (2) berths for each building containing fifty thousand (50,000) to one hundred thousand (100,000) square feet of floor area.

3.    One (1) additional berth for each one hundred thousand (100,000) square feet of floor area in excess of one hundred thousand (100,000) square feet.

C.    LOADING BERTH DESIGN STANDARDS.

Off-street loading facilities shall be designed and maintained in accordance with the standards hereunder.

1.    Each loading berth shall be at least ten (10) feet wide, forty-five (45) feet long and fourteen (14) feet high.

2.    Loading berths and spaces may be located in any required yard providing such berth is not roofed and is not within a required landscape area.

3.    Loading berths and spaces shall be located entirely on the property they are intended to serve and designed in such a way that a street is not used as a maneuvering area.

4.    Access to loading berths shall be from an alley when such exists.

5.    Two (2) or more separate occupancies or buildings having a common wall may locate their required loading berths in one (1) location; provided, the number of berths is not less than the sum of required berths for all buildings concerned; and there shall be interior access from each building to the loading berth.

6.    Loading areas shall be designed that traffic congestion and interference is avoided and the highest possible of safety is maintained.

Downtown Area Exempt From Loading Berth Requirements

FIGURE 38-1.5

(Ord. 7310 §9, 2022; Ord. 7110 §3, 2017; Ord. 5517 §1, 1995).

A.    Ten Percent Required Reduction in Parking Requirements.

The median motor vehicle parking requirements contained in OMC 18.38.100 shall be reduced by an additional ten percent for uses in the High Density Corridor 1, 2, 3, and 4 Districts (see High Density Corridor Map), Neighborhood and Urban Villages, and for nonresidential uses within the Downtown (see Figure 38-2).

B.    Urban Residential (UR), Residential Mixed Use (RMU) and Commercial Services - High Density (CS-H) Zones.

Residential uses may be provided with one motor vehicle parking space per unit unless otherwise exempted elsewhere in this chapter.

C.    Downtown Exempt Parking Area (See Figure 38-2).

1.    Existing buildings constructed prior to January 1, 2002, which are located within the Downtown Exempt Parking Area (See Figure 38-2), shall be exempt from the vehicle parking standards. However, a change of use within such existing structures shall comply with the long-term and short-term bicycle parking standards pursuant to Table 38.01;

2.    All new residential buildings and uses located within the Downtown Exempt Parking Area (See Figure 38-2) shall be exempt from vehicle parking standards. However, if any new residential parking is constructed, the parking facility shall meet the Parking Design and Design Review Criteria in OMC 18.38.180 through 18.38.240 and applicable criteria in OMC Chapters 18.04, 18.06, and 18.120). All new residential buildings and uses shall comply with the long-term and short-term bicycle parking standards pursuant to Table 38.01;

3.    All new commercial buildings or expansions totaling over 3,000 square feet of gross leasable area, constructed after January 1, 2002, which are located within the Downtown Exempt Parking Area (See Figure 38-2) shall be required to meet vehicle parking and bicycle standards (OMC 18.38.020 through 18.38.240); and

4.    When not covered by C.1 or C.2 above, bicycle parking is not required for those buildings and uses located within the Downtown Exempt Parking Area (see Figure 38-2) that do not provide on-site motor vehicle parking.

D.    High Density Corridor 1 and 2, and Urban Residential (UR).

1.    Small restaurants (up to 750 square feet of service area) shall provide two parking spaces/1,000 square feet; and

2.    Small retail including food stores and laundries (up to 3,000 square feet) shall provide 2 parking spaces per 1,000 square feet. (The first 350 square feet are exempt from parking requirements.) Small retail may provide additional parking up to 3.5 parking spaces per 1,000 square feet.

FIGURE 38-2

(Ord. 7366 §4, 2023; Ord. 7335 §1, 2022; Ord. 7310 §10, 2022; Ord. 7288 §§28, 29, 2021; Ord. 7110 §3, 2017; Ord. 7094 §12, 2017; Ord. 6967 §24, 2015; Ord. 6459 §3, 2007; Ord. 6323 §8, 2004; Ord. 6195 §28, 2002; Ord. 6165 §1 & 2, 2001; Ord. 5714 §20, 1997; Ord. 5539 §9, 1995; Ord. 5517 §1, 1995).

A.    General.

The Director shall require an applicant to provide proof that shared parking is feasible when adjacent land uses have different hours of operation. Mixed use and shopping center developments with similar operating hours may also be required to submit a parking demand study to determine if parking can be combined.

1.    Authority. In order to eliminate multiple entrances and exits, reduce traffic hazards, to conserve space and to promote orderly development, the Director and Hearing Examiner are each hereby authorized to plan and group cooperative parking facilities for a number of parking generators in such a manner as to obtain the maximum efficiency in parking and vehicular circulation.

2.    Allocation.

a.    Shared parking.

i.    When two (2) or more land uses, or uses within a building, have distinctly different hours of operation (e.g., office and church), such uses may qualify for a shared parking credit. Required parking shall be based on the use that demands the greatest amount of parking.

ii.    If two (2) or more land uses, or uses within a building, have different daytime hours of operation (e.g., bowling alley and auto part store), such uses may qualify for a total parking reduction of no more than fifty (50) percent.

b.    Combined parking.

Two (2) or more uses which have similar hours of operation and combine parking facilities may qualify to decrease the number of parking stalls as follows. The Director may require a parking demand study to ensure sufficient parking is provided.

3.    Location. Parking spaces provided for one use shall not be considered parking space for another use. Uses may be defined as singular, combined, or shared parking.

a.    Shared parking. In case there are uses in close proximity of each other that operate or are used at entirely different times of the day or week, the Director may allow shared parking facilities to satisfy the parking requirements of such uses if the parking facilities are within seven hundred (700) feet of all parking generators being served by such facilities; and

b.    Combined parking. Two (2) or more uses may satisfy their parking requirements by permanently allocating the requisite number of spaces for each use in a common parking facility, cooperatively established or operated; provided, the total number of spaces conforms to the requirements in item 4 below.

4.    Agreement. An agreement, lease, deed, contract or easement establishing shared use of a parking area, approved by the City Attorney, shall be submitted to the Director and recorded with the County Auditor’s Office. For new buildings which share parking under this provision, such agreements shall run with the land for both and all properties with shared parking. Such agreement requires Director approval for any change or termination. A parking agreement may be attached to a lease if additional parking is required due to a change in occupancy. This only applies in circumstances where there is existing parking and the change in use creates a deficiency.

5.    Termination of Shared or Combined Use.

a.    In the event that a shared or combined parking agreement is terminated, those businesses or other uses with less than the required parking shall notify the Director within ten (10) days and take one of the following actions:

i.    Provide at least fifty (50) percent of the required parking within ninety (90) days, and provide the remaining required parking within three hundred and sixty-five (365) days following the termination of the shared use; or

ii.    Demonstrate, based upon a study deemed reliable by the Director, that the available parking is sufficient to accommodate the use’s peak parking demand.

iii.    Apply for and receive administrative parking variance.

b.    If sufficient parking is not provided, the use, or that portion of the use out of compliance with this chapter, shall be terminated upon the expiration of the time period specified in (5)(a)(i) above. This requirement shall be established as a condition of the occupancy permit for uses relying on shared parking.

(Ord. 7110 §3, 2017; Ord. 6967 §25, 2015; Ord. 5714 §21, 1997; Ord. 5517 §1, 1995).

A.    Parking facilities may be provided either on the same premises with the parking generator or in any parking facility, the property line of which is located within seven hundred (700) feet of the parking generator. Parking facilities may be provided further than seven hundred (700) feet from the parking generator or building if:

1.    Regular shuttle service is provided;

2.    A shared parking agreement is approved by the City; or

3.    The parking generator is in the Downtown Business or Urban Waterfront zone and the parking facility is within 1,400 feet.

B.    Where possible, surface parking lots shall be located behind a building. Where it is not possible to provide parking behind a building, parking lots may be located along the side of a building, provided that it comprises no more than fifty (50) percent of the site’s street frontage. This provision does not apply to commercial parking lots which comprise the only use of a site. In the R-4, R 4-8 and R 6-12 districts;

1.    Surface parking lots for co-housing projects (not including garages) within forty (40) feet of perimeter or through streets shall not extend more than seventy-five (75) feet along the street frontage in a continuous segment (i.e., uninterrupted by a landscaped open space, garden or orchard with no dimension less than forty (40) feet; a dwelling; or common structure).

2.    The Hearing Examiner may approve the location of surface parking lots in the front and/or along the side of buildings, pursuant to Conditional Use Permit Hearing Examiner Approval (OMC 18.70.180), when all of the following are met:

a.    The building is over 5,000 square feet; located in a residential zone; requires Design Review and a Conditional Use Permit; and

b.    The site is bounded on two or more street frontages; and

c.    The building is oriented to have the least impact on the neighborhood; and

d.    Parking lot landscape and screening clearly exceed the provisions set out in OMC 18.36.180 to effectively screen it from the street (See also Alternative Landscape Plans OMC 18.36.100(A) and (B)); and

e.    Bicycle/pedestrian facilities provide safety, convenience, security and clear connections for pedestrians and bicycles between all rights-of-way adjoining the parking area and the front door; and

f.    Outdoor lighting is designed with regard to placement, intensity, shielding, timing and color to avoid offsite spillover; and

g.    Site design provides landscape or other features to screen vehicular headlights from residences.

The approval authority may waive these requirements if the applicant demonstrates that these parking restrictions would not allow reasonable use of the site due to its configuration (e.g., if the site has multiple street frontages and it is impractical to meet this requirement along all frontages due to the amount or relationship of the proposed development) or other physical site constraints, or it would significantly interfere with pedestrian circulation. Where permitted in commercial districts (listed in OMC 16.06), parking areas in front of buildings should be located between buildings or adjacent to an existing parking area to enable shared parking (see Shared Parking Facilities, Section 18.38.180. Also see Landscape Standards, Section 18.36.180).

C.    High Occupancy Vehicles - Stall Location. All employers required to operate high occupancy vehicles (HOV) shall mark the closest parking spaces to the building entrance Reserved for HOV. These spaces shall not displace required handicap parking.

D.    Arterial Commercial District. Employee and tenant parking in this district may be located up to one thousand (1,000) feet from the parking generator if people are required to walk between the lot and use, or up to three (3) miles if shuttle service is provided at the beginning and end of the work shift.

(Ord. 7110 §3, 2017; Ord. 7094 §13, 2017; Ord. 6858 §1, 2013; Ord. 6408 §25, 2006; Ord. 5801 §5, 1998; Ord. 5664 §8, 1997; Ord. 5517 §1, 1995).

Off-street parking facilities shall be designed and maintained in accordance with the standards hereunder, provided that up to 30% of parking stalls may be small spaces as described in section B. In the alternative, an applicant may propose and, if providing equal or better function, the Director may approve alternative parking geometrics consistent with the most recent specific standards promulgated by the Institute of Transportation Engineers or the National Parking Association.

A.    General Requirements. Also see the specific zone district design standards of OMC 18.38.240.

STANDARD PARKING DIMENSIONS

FIGURE 38-4

FIGURE 38-5

1.    Driveways.

a.    Approaches. Driveway approaches and curb cuts within public rights-of-way shall be located and designed in accordance with the City’s current Engineering Design and Development Standards.

b.    For residential driveways once the driveway is outside of the public right of way, the provisions below apply.

i.    Setback. A driveway may be located within any required setback.

ii.    Width. All driveways shall meet the access width requirements of the Fire Department (see OMC 16.32.050).

iii.    Surfacing. A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than 75 feet from the right of way line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of 18 feet and at least the width of the garage door.

2.    Ingress/Egress Requirements.

a.    The Director, or designee, and after appropriate traffic study, including consideration of total parcel size, frontage on thoroughfares, uses proposed and other vicinity characteristics, shall have the authority to fix the location, width and manner of approach of a vehicular ingress and egress from a building or parking area to a public street and to alter existing ingress or egress as may be required to control street traffic in the interest of public safety and general welfare.

b.    Generally, but not in all cases, the internal circulation system and the ingress and egress to commercial or multifamily developments from an access street shall be so designed that the principal point of automobile cross-traffic on the street occurs at only one point--a point capable of being channelized for turning movements. Access shall be shared with adjoining parcels by placing ingress/egress points on shared lot lines, wherever safe and practical. Where parcels are bounded by more than a single street, generally, but not in all cases, access shall be provided only from the street having the lowest classification in the hierarchy of streets as established in the Engineering Design and Development Standards.

3.    Maneuvering Areas.

a.    All maneuvering areas, ramps, access drives, etc. shall be provided on the property on which the parking facility is located; however, if such facility adjoins an alley, such alley may be used as a maneuvering area. A garage or carport entered perpendicular to an alley must be located a minimum of 10 feet from the property line. A garage or carport entered parallel to an alley may be placed on the rear property line; provided sight distances are maintained.

b.    Maneuvering areas shall be provided so that no vehicle is obliged to back out of a parking stall onto the street, except into neighborhood collector and local access streets within the R-1/5, RLI, R-4, R 4-8, and R 6-12 use districts, or where approved by the City Engineer.

4.    Parking Surface. All parking, maneuvering, and driving areas must be paved and designed to meet drainage requirements. Approved pervious surfaces may be used.

5.    Landscaping. Parking areas shall be landscaped according to the requirements of Chapter 18.36.

6.    Wheel Stop, Overhang. Appropriate wheel and bumper guards shall be provided to protect landscaped areas, to define parking spaces and to clearly separate the parking area from any abutting street rights-of-way and property lines. Vehicles may overhang landscaped areas up to two feet when wheel stops or curbing is provided.

FIGURE 38-6

7.    Contiguous parking lots shall not exceed one (1) acre in size. Parking lots exceeding one (1) acre in size shall be separated by a minimum ten (10) foot wide landscaped strip. This strip is in addition to interior and perimeter landscaping and may be used for stormwater management or pedestrian access.

8.    Structured Parking Dimensions. Structured parking facilities may be designed to the general design standards found in Figures 38-4 and 38-5 above, Figure 38-7 below, or to the following structured parking design standard. Within parking structures, small spaces shall not exceed 30% of spaces within each structure.

B.    Compact Car Dimensions, Layout and Circulation.

1.    Parking Dimensions. No more than thirty (30) percent of spaces shall be smaller than the standard sizes. (See Compact Parking Dimensions Table below.)

Source: Guidelines for Parking Facility Location and Design ITE Committee 5D-8, May 1990.

FIGURE 38-7

C.    Bicycle Parking Design Standards.

1.    A long-term bicycle parking facility shall provide for secure extended and short-term use and shall protect the entire bicycle and its components and accessories from theft and weather. Acceptable examples include, in preferred order: bike lockers; bike check-in systems; in-building parking; and limited-access fenced areas with weather protection.

To discourage improper use a bike locker door should include a see-through window or view hole. For in-building bike parking and limited access fenced areas, fixed structures for locking individual bikes, such as racks, must be provided within the facility. If such an area exceeds five (5) parking spaces, lockable clothing/gear storage lockers must also be provided within the facility. However, facilities such as factories and schools that provide personal lockers are not required to provide additional locker space for bicycle clothing/gear storage.

Exception: For retail uses under five thousand (5,000) square feet, long-term parking facilities exclusively for bicycles must only be provided only upon request of one or more employees. However, if permanent dedicated space is not provided, a sign must be posted at the primary employee entry reading "Secure Bicycle Parking Provided Upon Request - Olympia Municipal Code 18.38."

2.    A short-term bicycle parking facility shall provide convenient parking with some security and weather protection. Short-term bicycle parking facilities shall include a covered stationary rack. These facilities may be shared among adjoining establishments.

Short-term bicycle parking facilities shall be located either: no further from a public entry than the nearest non-handicapped parking stall; or visible from and within one hundred (100) feet of the public entry; or within fifty (50) feet of the public entry to the building. A directional sign shall be provided if the selected location is not clearly visible from the primary entrance.

3.    Each bicycle parking area shall be separated from motor vehicle parking and maneuvering areas by a barrier, post, or bollard, or by at least five (5) feet of open space. Bicycle parking spaces shall be two (2) feet by six (6) feet each, with no less than a seven (7) foot overhead clearance. A five (5) foot maneuvering aisle shall separate rows of bicycle parking spaces. Bicycle parking facilities shall not be solely accessible by stairs.

4.    Bicycle racks shall be covered in such a manner as to protect the entire bicycle from rain and installed to provide adequate maneuvering space and ensure that the requisite number of bicycle parking spaces remain accessible. The rack shall be permanently affixed to the ground and support the bicycle at two (2) or more points, including at least one (1) point on the frame higher than two (2) feet from the ground. The user shall be able to lock the bicycle with a U-shaped lock or cable lock. Bicycle racks which only support a bicycle front or rear wheel are not permitted.

5.    Long-term bicycle parking facilities may be substituted for short-term bicycle facilities only if the design is consistent with the purpose of short-term facilities.

D.    Pedestrian Routes. Notwithstanding pedestrian accessible route requirements addressed in the International Building Code, a pedestrian access plan shall be prepared for sites with more than 30 parking spaces, or where block sizing requirements are triggered. The plan shall examine where people will walk into, out of, and through the development. The development shall provide clear pedestrian pathways, in a manner that minimizes potential conflicts between moving vehicles and pedestrians. A pedestrian pathway, whether it be a required sidewalk or additional asphalt with a distinct line separating vehicles, shall be located in areas likely to be used by a pedestrian, instead of the driveway or street.

Unless exempted by the City, the plan shall be prepared by a transportation engineer hired by the developer, and the report shall be subject to the review and approval of the City Engineer or designee as well as the Director or designee. The report shall consider the pedestrian and bicycle use of the development and adjacent offsite parcel(s), in light of future growth and build out, and consistent with the goals and purposes of the Comprehensive Plan to mitigate long-term impacts of the development on multi-modal travel. Such pedestrian pathways should connect with other public pathways on property adjacent to the site.

(Ord. 7321 §9, 2022; Ord. 7288 §30, 2021; Ord. 7110 §3, 2017; Ord. 7027 §33, 2016; Ord. 6967 §26, 2015; Ord. 6459 §4, 2007; Ord. 6195 §29, 2002; Ord. 6140 §32, 2001; Ord. 5830 §41, 1998; Ord. 5664 §9, 1997; Ord. 5539 §10, 1995; Ord. 5517 §1, 1995).

In addition to the parking design standards for various zone districts found below, also refer to Design Review, Chapter 18.100.

A.    Structured Parking Design Requirements:

1.    Structured parking adjacent to designated pedestrian oriented streets on properties not located in one of the Downtown Design Sub-Districts must meet the Parking Structure Design Requirements in the Pedestrian Streets Overlay District Chapter Section 18.16.080(J).

2.    For projects in one of the Downtown Design Sub-Districts, all above ground structured parking must meet the Above-Grade Structured Parking Requirements in Chapter 18.120.490.

Parking Garage facade treated with decorative grill work.

FIGURE 38-8

(Ord. 7244 §10, 2020; Ord. 7110 §3, 2017; Ord. 7094 §14, 2017; Ord. 6323 §9, 2004; Ord. 6195 §30, 2002; Ord. 5517 §1, 1995).

Code revisor’s note: OMC 18.38.080, as amended by Ord. 7366, was drafted on a version of this section prior to being amended by Ord. 7364. The amendments of Ord. 7364 have been editorially retained.

Code revisor’s note: OMC 18.38.160, as amended by Ord. 7366, was drafted on a version of this section prior to being amended by Ord. 7335. The amendments of Ord. 7335 have been editorially retained.

These standards shall ensure that new and altered uses and development will produce an urban environment of stable, desirable character which is harmonious with existing development and consistent with the Comprehensive Plan.

(Ord. 5517 §1, 1995).

All new construction, grading, and additions and all modifications to an existing structure in excess of twenty-five (25) percent of the structure floor area, shall be subject to the standards set forth in this Chapter. See Non-conforming, Chapter 18.37.) All continuing operations and uses shall be subject to and conform to the Protection Standards of this Chapter.

(Ord. 6562 §4, 2008; Ord. 5830 §45, 1998; Ord. 5517 §1, 1995).

These standards apply to more than one (1) land use district and are therefore combined in this Chapter. These standards are to be considered in addition to standards and design guidelines located in specific land use district chapters.

A.    Required Building Site.

1.    Building Site--Number of Buildings. Every main building hereafter erected shall be located on a legal lot of record as provided for in this title. There shall be no more than one main building on any one lot in the R-4, R 4-8, and R 6-12 use districts unless the housing type approved specifically allows for more, such as courtyard apartments, cottage housing or co-housing development.

2.    Lot or Building Site--Reduction. No lot or parcel of land now existing or hereafter established shall be so reduced or diminished that yards, open space, width or total lot area be made smaller than the minimum required by this title; nor shall any existing lot or parcel of land that is now smaller than the minimum required by this title be further reduced or diminished in any manner.

B.    Clear Sight Triangle. (See Clear Sight Triangle definition.) All corner building sites located in use districts that require a front and side yard shall maintain a clear sight triangle at the intersection of the street rights-of-way for the purpose of traffic safety. Such building, other structures, and landscaping shall conform to those standards set forth in Chapter 4 of the Engineering Design and Development Standards of the City.

C.    Fences/Hedges, Walls and Site Perimeter Grading. It shall be the responsibility of property owners to ensure fences are within property lines and that a building permit is obtained when required. "Fences" as used in this section includes walls and similar above-grade unenclosed structures forming a continuous or nearly continuous line or row exceeding six feet in length. Also see definition, OMC 18.02.180(F)

For the purpose of fencing, the front yard is considered to be the first 10 feet of any lot, tract, or parcel that abuts a public street or right of way, excluding alleys. Corner lots adjacent to two public rights of way shall have a front yard and a flanking side yard.

1.    Fence Heights:

a.    Fences, when located within a required yard, shall not exceed the following height limits:

i.    Front yard = 48" (4’-0");

ii.    Side yards = 72" (6’-0"), Flanking side yards = 72” (6’-0”);

iii.    Rear yards = 72" (6’-0");

iv.    Clear Sight Triangle = 30" (2’-6").

b.    Agricultural uses. Rear and side yard fences for legally established agricultural uses may be permitted to a maximum height of eight feet from the ground; provided, at a minimum, the portion of the fence above six feet is composed of a fence material that is of a deer fence-type design.

Examples of deer fence designs include wire with rectangular openings generally four inches by four inches in size. Additionally, the eight-foot fences shall not be constructed of chain link or chicken wire.

c.    Gardens. Front yard fences surrounding a defined garden bed may be permitted to a maximum height of eight feet from the ground and shall be composed of a fence material that is of a deer fence-type design.

Examples of deer fence designs include wire with rectangular openings generally four inches by four inches in size. Additionally, the eight-foot fences shall not be constructed of chain link or chicken wire.

For purposes of this section, a front yard shall not exceed 10 feet in depth, regardless of any other provision found in this Title.

2.    Fence height is measured to the top of the fence, excluding posts. Point of ground measurement shall be the high point of the adjacent final grade.

3.    Fences, walls, and hedges are permitted within all yard areas provided that regardless of yard requirements, no closed gate, garage door, bollard or other feature shall obstruct a driveway or other motor vehicle private ingress within 20 feet of a street right-of-way nor obstruct automobile views exiting driveways and alleys (see clear vision triangle). This 20-foot requirement is not applicable within the downtown exempt parking area as illustrated at Figure 38-2. Additional exceptions may be granted in accordance with OMC 18.38.220(A)(2).

4.    Front yard fences of any common areas, such as tree, open space, park, and stormwater tracts, must be a minimum of 25 percent unobstructed, i.e., must provide for visibility through the fence.

5.    Fence pillars, posts, and similar features may project a maximum of two feet above maximum fence height.

6.    Site Perimeter Grading. Within required yard areas, no single retaining wall (nor combination of walls within five horizontal feet of each other) shall exceed a height of 30 inches as measured from the lowest adjacent grade, nor shall any modification of grades or combination of retaining walls result in grade changes exceeding 30 inches within five feet of a property line nor 60 inches within 10 feet of an existing or proposed property line.

7.    An administrative exception may be approved by the Department to exceed maximum fence height and other provisions of these standards where all of the following conditions exist.

a.    Variation of existing grade on either side of the fence results in a fence lower than the maximum height as measured from the highest point of grade within five feet of either side of the fence; or other special circumstances relating to the size, shape, topography, location, or surroundings of the subject property warrant an exception to permit a fence comparable with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;

b.    The special conditions and circumstances do not result from the actions of the applicant;

c.    Granting of the exception will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property is located;

d.    The granting of the exception will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; and

e.    The exception is the minimum necessary to provide the rights and privileges described above.

Applications for additional fence height or other exceptions shall include an explanation of the exception sought and its purpose; and fence illustrations and plan drawing that depicts proposed fence location and height, other structures, landscaping, and proposed grades in relation to existing grades.

[NOTE: A building permit is required for all fences exceeding seven feet in height. Fences and hedges may exceed maximum heights if located outside of required yards. But see Design Guidelines.]

8.    Hedges. Hedges are allowed in all required yard areas subject to the following maximum height limits:

a.    Front yard = 48" (4’0")

b.    Side yard, Flanking side yard = Unlimited

c.    Rear yard = Unlimited

[Note: Clear Sight Triangle = 30" (2’-6"), see OMC 18.40.060(B)]

9.    Barbed and/or razor wire fences. No person or persons being the owner of or agent for or in possession and control of any property within the city limits shall construct or permit to exist any fence around or in front of such premises, consisting wholly or partially of barbed and/or razor wire, except to provide security at a government-owned property or privately owned utility where security for the property is mandated by law; provided that the provisions of this section shall only extend to fences that are within 10 feet of a street or alley or other public place within the City.

10.    Electric fences. It is unlawful to install or maintain any electric fence within the city limits except as follows:

a.    For the purposes of protecting farms or agricultural animals using low-voltage, solar fences installed atop a six-foot non-electric fence; or

b.    For securing an outdoor storage area, subject to the provisions below.

c.    For purposes of this subsection:

i.    "electric fence" means a fence, including an electric security fence, with above-ground electric conductors carrying electric current supplied by batteries, commercial power, or any other source of electricity, installed for the purpose of retaining or excluding any animals, livestock, or persons.

ii.    "Electric security fence" means an electric fence installed to protect an outdoor storage area.

iii.    "Outdoor storage area" includes an area used for automobile and recreational vehicle repair and service, equipment storage, lumber yards, fleet storage, landscape supplies, or similar uses.

iv.    "Responsible person" means a person or entity that owns or controls property on which an electric security fence is sought to be installed or is installed and used pursuant to this section.

v.    The installation and use of an electric security fence is permitted within the following zoning districts:

1.    Auto Services (AS)

2.    Industrial (I)

3.    Light Industrial (LI)

d.    The Director may, on a case-by-case basis, authorize the installation and use of an electric security fence to secure an outdoor storage area in the following zoning districts if the Director finds there has been an increase in theft and vandalism at the outdoor storage area and finds that use of an electric security fence is warranted because the responsible person has taken reasonable measures to prevent theft and vandalism, but such measures have not been effective:

i.    General Commercial (GC)

ii.    Downtown Business (DB)

iii.    High Density Corridor 1 (HDC-1)

iv.    High Density Corridor 2 (HDC-2)

v.    High Density Corridor 3 (HDC-3)

vi.    High Density Corridor 4 (HDC-4)

e.    An electric security fence is only permitted to be installed and used if the outdoor storage area it protects was established and is operated in conformance with City code.

f.    An electric security fence installed and used pursuant to this subsection must meet the following electrical requirements:

i.    The electrical charge for the electric security fence must be noncontinuous and the electric fence controllers must be approved by a Nationally Recognized Testing Laboratory (NRTL).

ii.    The energy source (energizer) for the electric security fence must be provided by a storage battery not to exceed 12 volts DC. The storage battery must be charged primarily by a solar panel. However, the charge from the solar panel may be augmented by a trickle charger.

iii.    The electric charge produced by the electric security fence upon contact may not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

g.    An electric security fence installed and used pursuant to this subsection must meet the following height and location requirements:

i.    An electric security fence must be completely surrounded by a non-electric perimeter fence or wall that is not less than five feet in height and no more than eight inches from the electric security fence to prevent entrapment.

ii.    An electric security fence may not exceed the higher of eight feet or two feet higher than the perimeter fence or wall.

iii.    Exceptions:

1.    Where a non-electrified perimeter fence or wall already exists within a required yard setback (as defined in OMC 18.02.180 Y) and if such fence or wall was lawfully installed, such fence or wall need not be modified in height or location to meet the requirements of this subsection. The electric security fence may be located within the required yard setback and may not exceed eight feet in height.

2.    Rear and side yards: Where a non-electrified perimeter fence does not exist within a required rear or side yard setback, it may not exceed six feet in height and the electric security fence may not exceed eight feet in height.

3.    Front yards: The first priority is to place both the non-electrified perimeter fence and the electric security fence outside the required yard setback. If this is not practical due to existing improvements such as paved parking, curbing, or landscaping, both fences can be placed in the required front yard setback. In these instances, the non-electrified perimeter fence may be up to five feet in height and must be transparent, for example, chain link or metal picket fencing. The electrified portion may extend up to eight feet in height. Both fences must be placed as far back as site conditions allow to avoid being at the edge of an adjacent street or sidewalk.

h.    The responsible person shall clearly identify an electric security fence with warning signs 30 square inches in size per IEC standards, posted at intervals less than 30 feet. Such warning signs must read "Warning – Electric Fence" and contain an imager or symbol (e.g. a lightning bolt) that allows non-English speaking individuals to understand that the fence is electrically charged.

i.    The permitting process for electric security fences is governed and regulated in accordance with the City’s construction and burglar alarm codes. A building permit is required for an electric fence exceeding seven feet in height.

j.    Gates, bollards, or other features of an electric security fence must comply with the provisions in OMC 18.40.060.C.3 and provide emergency access in a manner acceptable to the Fire Marshal.

k.    Electric security fences must comply with the City’s design and landscape and screening standards as applicable. The responsible person shall submit plans to the Community Planning and Development Department for review and approval prior to fence installation.

D.    Lighting. All display and flood lighting shall be constructed and used so as not to unduly illuminate the surrounding properties and not to create a traffic hazard.

E.    Outdoor Storage.

1.    Except as provided in the underlying district, there may be no outdoor storage of goods or materials, and there may be no warehousing or indoor storage of goods or materials beyond that normally incidental to the uses permitted in each underlying district. Permitted outdoor storage must be screened from view of any public way.

2.    Materials covered by buildings with roofs but without sides are considered outdoor storage and are subject to the screening provisions of this section. This provision does not apply to display of new or used motor vehicles or watercraft where such activities are an integral part of an automobile or watercraft dealership. Refuse may be stored in cans outdoors, provided that they are enclosed in a screened enclosure area.

3.    Storage in residential areas must comply with the same requirements as those specified for business establishments and shall, in addition, comply with the following:

a.    Motor vehicles, appliances, and any other mechanical equipment which is no longer operable or licensed may not be stored outside for a period exceeding 30 days;

b.    Operable motor vehicles, boats, trailers, recreational vehicles and the like may be stored on the premises provided that they do not obstruct the use of public right-of-way or interfere with traffic visibility, especially the visibility of and at intersections of streets. Vehicles, boats, and the like, so stored may not be used for living quarters. The storage of boats with a beam exceeding eight feet is permitted only by approval of a Type II conditional use permit application pursuant to OMC 18.70.040.

4.    Storage in or on the public right-of-way is prohibited. All vehicles, boats, trailers, recreational vehicles, household, and business equipment, landscape material, and any other personal items may not be placed within a public right-of-way longer than 24 hours. Stored item(s) may be tagged by the police and a warning issued to remove within 72 hours. Failure to remove items will result in removal by the City at the owner’s expense. (Also see RCW 46.55.085.)

F.    Pleasure Boat Storage.

1.    Private pleasure boats shall be allowed to moor in any use district and such moorage, exclusive of yacht clubs, marinas and other commercial moorage facilities shall be subject to the following requirements:

2.    The height of any covered boat house shall not exceed sixteen (16) feet above the ordinary water level.

3.    The side or end of a covered boat house that faces the water shall not be more than sixty (60) feet beyond the natural shoreline.

4.    All structures shall conform to the side yard requirements of the use district in which they are located.

5.    Any side wall or roof of any moorage structure shall consist of rigid or semi-rigid materials and the roof area shall not exceed one thousand (1,000) square feet.

6.    Covered boat houses shall not occupy more than fifty (50) percent of the width of the lot at the shoreline upon which it is located.

7.    A moored boat shall not be used as a place of residence unless some means is employed to connect such boat with the city sewer system.

EXEMPT: Any boat moorage in water under government supervision is exempt from the above-mentioned requirements.

G.    Underground Utility Lines.

1.    Except as follows, all electrical, telephone or other utility distribution and service lateral lines or wires shall be underground.

Exemptions:

a.    Electric utility substations, switching stations, pad-mounted transformers and switching facilities. These above ground facilities shall be screened from view;

b.    Electric transmission systems of a voltage of fifty-five (55) kv or more (including poles and wires) and equivalent communications facilities;

c.    Street lighting (poles);

d.    Telephone pedestals and other equivalent communication facilities;

e.    Police and fire sirens, or any similar municipal equipment, including traffic control equipment;

f.    Temporary services for construction;

2.    The cost of constructing new facilities underground or relocating existing aerial facilities underground shall be borne by the serving utilities, the owners of the real property to be served or others requesting such underground service in accordance with the applicable filed tariffs, or the rules and regulations or the published policies of the respective utilities furnishing such service, or as may be contractually agreed upon between the utility and such owner or applicant.

3.    In the absence of filed tariffs, rules or regulations, published policies or contractual agreement, the cost of constructing new facilities underground or relocating existing aerial facilities underground may be financed by any method authorized by state law.

H.    Yards.

1.    In addition to the following, yard regulations found in OMC 18.04.060(B) (Accessory Structures) apply to all building sites in all use districts of the City.

2.    Yards/Setbacks.

a.    The required setback area 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, or right of way line if closer. In the event of a planned unit development or binding site plan, such development shall meet all Uniform Building Code separation requirements. (See Figure 40-4.)

b.    A required yard area shall be kept free of any building or structure taller than thirty (30) inches, except that a building or projection shall be allowed as provided below:

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

ii.    Marquees and awnings of commercial buildings may project into required setback areas.

iii.    Fences may project into the required yard area if they meet fence height requirements found in OMC 18.40.060(C).

iv.    Uncovered steps, porches, or patios, which are no more than thirty (30) inches above the adjacent grade may be placed within the required setback area.

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

vi.    Signs in compliance with OMC 18.43.

vii.    Refer to each land use district for other allowed projections in required yards.

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

d.    The front yard setback for a flag lot shall be a minimum of ten (10) feet measured from the nearest parallel or nearly parallel lot line adjacent to the front facade of the dwelling.

FIGURE 40-4

FIGURE 40-5

3.    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.

I.    Minimum Street Frontage.

1.    Each lot, other than in townhouse, cottage and co-housing projects, shall have a minimum of thirty (30) feet of frontage on a public or private street. With respect to binding site plans, this requirement shall apply to the entirety of the binding site plan and not to each individual site or lot. The Director may allow the street frontage to be reduced or eliminated to the minimum extent necessary to enable access to property where public street access is not feasible for such reasons, including but not limited to, physical site conditions or preexisting development or to protect environmentally Critical Areas.

FIGURE 4-2

2.    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:

a.    The project shall be designed to minimize the creation of flag lots.

b.    Adjoining flag lots shall share a common driveway wherever possible.

c.    All driveways accessing flag lots shall be designed to allow fire truck access to within one hundred fifty (150) feet of all exterior points of the building(s) on the lot(s), unless alternate forms of fire protection approved by the Chief of the Fire Department are provided, including but not limited to, sprinkler systems.

d.    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 4.04.

(Ord. 7400 §19, 2024; Ord. 7364 §30, 2023; Ord. 7354 §1, 2023; Ord. 7321 §10, 2022; Ord. 7288 §31, 2021; Ord. 7205 §16, 2019; Ord. 7045 §7, 2016; Ord. 6842 §9, 2013; Ord. 6562 §4, 2008; Ord. 6419 §2, 2006; Ord. 6273 §11, §19, 2003; Ord. 5830 §19, 1998; Ord. 5714 §22, 1997; Ord. 5664 §10, 1997; Ord. 5527 §1, 1995; Ord. 5517 §1, 1995).

A.    General. It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the enforcing officer may require to demonstrate that the use or activity is or will be in compliance with the performance standards of this Title. Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the Environmental Performance Standards of this Ordinance.

B.    Noise.

1.    The maximum allowable noise levels as measured at the property line of noise impacted uses or activities shall be those set forth in the Washington Administrative Code, Chapter 173-60, titled "Maximum Environmental Noise Levels," which chapter is hereby incorporated by reference, except as otherwise provided herein.

2.    The "Environmental Designation for Noise Abatement" (EDNA) for the several land use classifications of this Ordinance shall be as follows:

All living areas (single-family, multifamily, etc.): A

Medical service and professional office/residential multi: A

All other commercial areas: B

Light industrial, industrial: C

3.    Noise levels of any sound source, when measured in the manner and locations prescribed in (WAC 173-60) shall not exceed the values shown in Table N.

*Source: Chapter 173-60, Washington Administrative Code "Maximum Environmental Noise Levels." See Chapter 173-60 regarding variances and exemptions.

**Total not to exceed 15 minutes in any one hour.

***The lower noise levels for EDNA A (residential) receptors apply on all hours of the weekends and holidays.

****DB, UW, UW-H, UR Districts only

C.    Emissions.

1.    Air Pollution shall be controlled by the operator and/or proprietor of any land use or activity permitted by this title. The ambient air quality standards specified in Regulation I of the Olympic Air Pollution Control Agency (OAPCA), shall apply to all air contaminants listed therein. See Chapter 173-60 regarding variances and exemptions.

2.    Toxic Substances shall be kept to concentrations not exceeding one-fiftieth (1/50) of interior standards by use of the best available control methods and technology in all phases of plant operation and handling of materials, and by an active commitment to good housekeeping practices. Toxic substances not listed in Regulation I of OAPCA, but released into the air shall be limited in accordance with the most current publication entitled Threshold Limit Values, of the American Conference of Governmental Hygienists.

3.    Liquid Wastes shall be disposed of through local sanitary sewer systems only upon approval of affected sewer district authorities.

4.    Liquid or solid wastes unacceptable to public sewer authorities shall be disposed of on a regular basis in keeping with the best operating characteristics of the industry, and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety.

5.    Any operation producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line.

6.    The use, storage, transportation and disposal of all radioactive materials or devices shall be subject to the regulatory jurisdiction and control of the Radiation Control Agency of the Washington State Department of Social and Health Services as amended.

7.    No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the exception of the temporary vibration produced as a result of construction activity. Such temporary construction activity shall be restricted to the hours between 7:00 a.m. and 6:00 p.m.

D.    Ground and Soil Contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or other natural drainage systems.

E.    Noise Attenuation. All residential and office buildings within three hundred (300) feet of an Industrial or Light Industrial-Commercial zone must use noise attenuation construction or buffering techniques for the benefit of the occupants of the buildings so that state noise standards are met.

(Ord. 6575 §1, 2008; Ord. 6273 §22, 2003; Ord. 5517 §1, 1995).

The enforcing officer is authorized and required to enforce the minimum standards of this chapter.

A.    Proposed Activities.

1.    In the enforcement of this chapter, the enforcing officer may require the developer of a proposed activity or use to submit reasonable evidence and technical data to demonstrate that the use or activity will be in compliance with the performance standards of this chapter.

2.    The enforcing officer may undertake independent studies and engage such technical assistance as may be needed for such studies or to evaluate data or information submitted by such proponents in connection with the performance standards of any activity.

3.    The developer shall pay for or reimburse the City for the costs incurred in the conduct of such tests as the City may require and for costs incurred by the City to engage technical consultants for review and interpretation of data and findings submitted by or on behalf of the developer.

B.    Existing Activities.

1.    The enforcing officer, upon the request of a complainant, or upon the enforcing officer’s own initiative, may require the operator of any existing activity or use to submit reasonable evidence and technical data to demonstrate that the use or activity is in compliance with the performance standards of this chapter.

2.    The enforcing officer may undertake independent studies and engage such technical assistance as may be needed for such studies or to evaluate data or information submitted by such operators in connection with an investigation of compliance with the performance standards of this chapter.

3.    Only in the event that a violation of these performance standards is found shall the operator of the activity pay for or reimburse the City for the costs incurred in the conduct of such tests as the City may require, and for costs incurred by the City to engage technical consultants for review and interpretation of data and findings collected in connection with an investigation of compliance with the performance standards of this chapter.

(Ord. 7187 §3, 2019; Ord. 5517 §1, 1995).

A.    The provisions of Chapter 35.91 RCW shall apply when an owner of real estate is required by any city ordinance, including but not limited to the City’s Engineering Design and Development Standards, which are adopted into the Olympia Municipal Code by reference in Chapter 12.02, to improve or construct water or sewer facilities (including storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or appurtenances) as a prerequisite to further property development. The improvements must be located within the corporate limits of the city except as provided otherwise under Chapter 35.91 RCW. The owner must submit a written request on a form provided by the city for a contract to recover the cost of the improvement or construction of water or sewer facilities prior to the approval of the water or sewer facility by the city. The application shall include the proposed benefitting properties, along with an estimated pro rata share that each property should pay. If an owner does not timely submit a written request, the city is not obligated to enter into a contract with the owner for the recovery of latecomer fees. The requirement of the city to contract with an owner of real estate for the construction or improvement of water or sewer facilities is only applicable if the facilities are consistent with all applicable comprehensive plans and development regulations of the city through which the facilities will be constructed or will serve.

1.    Unless the city provides a written notice to the owner of its intent to request a comprehensive plan approval, the owner must request a comprehensive plan approval for water or sewer facility, if required.

2.    Connection of the water or sewer facility to the city’s system must be conditioned on:

a.    Construction of the water or sewer facility according to plans and specifications approved by the city;

b.    Inspection and approval of the water or sewer facility by the city;

c.    Transfer to the city of the water or sewer facility, without cost to the city, upon acceptance by the city of the water or sewer facility;

d.    Full compliance with the owners’ obligations under the contract and with the municipality’s rules and regulations;

e.    Provision of sufficient security to the municipality to ensure completion of the water or sewer facility and other performance under the contract;

f.    Payment by the owner to the city of all of the city’s costs associated with the water or sewer facility including, but not limited to, engineering, legal, and administrative costs; and

g.    Verification and approval of all contracts and costs related to the water or sewer facility.

3.    Within 120 days of completion of the water or sewer facility and its acceptance by the city, the owner of real estate must submit the total cost of the water or sewer facility to the city in a form acceptable to the city. This information will be used by the city to determine reimbursements by future users who will benefit from the water or sewer facility, but who did not contribute to the original cost of the water or sewer facility.

B.    The city will make the final determination of which parcels will directly benefit from the improvements and include those parcels in the assessment area.

C.    The reimbursement share of all property owners in the assessment area shall be the pro rata share of the total cost of the project, less any contributions paid by the city. Each reimbursement share shall be determined by the city using a method of cost apportionment which is based upon the benefit received by each property from the project. The owner seeking a latecomer agreement shall not be reimbursed for the share of benefits that are allocated to its property.

D.    A preliminary determination of area boundaries and assessments, along with a description of the property owner’s rights and options, shall be forwarded by mail to the property owners of record within the proposed assessment area. A property owner within the assessment area may request a hearing before the city council. Such request must be in writing and specify the relief sought. The request must be filed with the city clerk, the city attorney, and director of public works within 20 days of the mailing of the preliminary determination. After receiving a timely request for a hearing, notice shall be given to all property owners in the assessment area of the date, time, and location of the hearing. The city council’s ruling shall be determinative and final.

E.    The contract shall be recorded with the Thurston County Auditor within 30 days of such approval by city council. The recorded contract shall constitute a lien against all real property within the assessment area for whom the owners did not contribute to the original cost of the utility project. The provisions of the contract may not be effective as to any owner of real estate not a party thereto unless the contract has been recorded with the Thurston County Auditor’s office prior to the time the owner taps into or connects to the water or sewer facilities.

F.    If, within a period of 20 years from the date the contract was recorded (or such other period provided for in the contract), any property within the assessment area applies for connection to the utility line, the lien for payment of the property’s proportionate share shall become immediately due and payable to the city as a condition of receiving connection approval. An extension of the 20 years may be granted for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more. Upon extension of the reimbursement period, the contract amendment must specify the duration of the extension and must be filed and recorded with the county auditor. The city will notify property owners within the reimbursement area of any extension filed.

G.    All assessments collected by the city pursuant to a latecomer agreement, minus the city’s administrative charge, shall be paid to the original proponent, its personal representative, successors or assigns within 60 days after receipt by the city. The city’s administrative charge for each collection is set forth in OMC Chapter 4.04. However, the property owner entitled to reimbursement must update the property owner’s address with the city every two years from the date the contract is executed with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with such notifications, within sixty days of the specified time, then the city may collect any reimbursement funds owed to the property owner under contract and deposit such funds into the capital fund of the city.

H.    A person, firm, or corporation may not be granted a permit or be authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed in such contract without first paying to the city, in addition to any and all other costs and charges made or assessed for such tap, or use, or for the water lines or sewers constructed in connection therewith, the amount required by the provision of the contract under which the water or sewer facilities so tapped into or used were constructed. Whenever any tap or connection is made into any such contracted water or sewer facilities without such payment having first been made, the city may remove, or cause to be removed, such unauthorized tap or connection and all connecting tile, or pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever.

I.    Nothing in this section, nor any provision in a latecomer agreement, shall be construed as establishing the city as a public utility in areas not already connected to the city’s utility system, nor shall this section, or any latecomer agreement, be construed as establishing express or implied rights for any property owner to connect to the city’s utility system without first qualifying for such connection by compliance with all applicable city codes and ordinances.

J.    Alternatively, the City may finance the construction or improvement of water or sewer facilities and create an assessment reimbursement area without the participation of a private property owner pursuant to RCW 35.91.060.

K.    Nothing in this section is intended to create a private right of action for damages against the city for failing to comply with the requirements of this section. The city, its officials, employees, or agents may not be held liable for failure to collect a latecomer fee unless the failure was willful or intentional. Failure of a city to comply with the requirements of this section does not relieve the city of any future requirement to comply with this section.

(Ord. 7187 §3, 2019; Ord. 7182 §2, 2019).

A.    The provisions of Chapter 35.72 RCW shall apply when an owner of real estate is required by any city ordinance, including but not limited to the City’s Engineering Design and Development Standards, which are adopted into the Olympia Municipal Code by reference in Chapter 12.02, to improve or construct street facilities (including design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the street standards of the city) as a prerequisite to further property development. The owner must submit a written request on a form provided by the city for a contract to request recovery of the cost of the improvement or construction of street facilities prior to the approval of such facilities by the city. The application shall include the proposed benefitting properties, along with an estimated pro rata share that each property should pay. The city has discretionary authority whether or not to enter into a contract with the owner for the recovery of latecomer fees for these types of improvements.

1.    Within 120 days of completion of the street facilities and its acceptance by the city, the owner of real estate must submit the total cost of the street facilities to the city in a form acceptable to the city. This information will be used by the city to determine reimbursements by owners of parcels adjacent to the improvements that would require similar street improvements upon development, but who did not contribute to the original cost of the improvements.

B.    The city will make the final determination of which parcels will directly benefit from the improvements and include those parcels in the assessment area.

C.    The reimbursement share of all property owners in the assessment area shall be the pro rata share of the total cost of the project, less any contributions paid by the city. Each reimbursement share shall be determined by the city using a method of cost apportionment, which is based upon the benefit received by each property from the project. The owner seeking a latecomer agreement shall not be reimbursed for the share of benefits that are allocated to its property.

D.    A preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. A property owner within the assessment area may request a hearing before the city council. Such request must be in writing and specify the relief sought. The request must be filed with the city clerk, the city attorney, and director of public works within 20 days of the mailing of the preliminary determination. After receiving a timely request for a hearing, notice shall be given to all property owners in the assessment area of the date, time, and location of the hearing. The city council’s ruling shall be determinative and final.

E.    The contract, upon approval by the city council, shall be recorded with the Thurston County Auditor within 30 days of such approval. The filed contract shall be binding on owners of record within the assessment area who are not party to the contract.

F.    If, within a period of 15 years from the date the contract was recorded (or such other period provided for in the contract), any property within the assessment area applies for connection to the utility line, the lien for payment of the property’s proportionate share shall become immediately due and payable to the city as a condition of receiving connection approval. An extension of the 15 years may be granted for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more. Upon extension of the reimbursement period, the contract amendment must specify the duration of the extension and must be filed and recorded with the county auditor. The city will notify property owners within the reimbursement area of any extension filed.

G.    All assessments collected by the city pursuant to a latecomer agreement, minus the city’s administrative charge, shall be paid to the original proponent, its personal representative, successors or assigns within 60 days after receipt by the city. The city’s administrative charge for each collection is set forth in OMC Chapter 4.04. However, the property owner entitled to reimbursement must update the property owner’s address with the city every two years from the date the contract is executed with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with such notifications within sixty days of the specified time, then the city may collect any reimbursement funds owed to the property owner under contract and deposit such funds into the capital fund of the city.

H.    Nothing in this section, nor any provision in a latecomer agreement, shall be construed as establishing the city as a public utility in areas not already connected to the city’s utility system, nor shall this section, or any latecomer agreement, be construed as establishing express or implied rights for any property owner to connect to the city’s utility system without first qualifying for such connection by compliance with all applicable city codes and ordinances.

I.    Alternatively, the City may finance the construction or improvement of street facilities and create an assessment reimbursement area without the participation of a private property owner pursuant to RCW 35.72.050.

(Ord. 7187 §3, 2019; Ord. 7182 §2, 2019).

It is the purpose of this Chapter to (1) safeguard the life, health and welfare of the people of the City of Olympia by regulating and controlling the design, quality of materials, construction, location, use, electrification and maintenance of all signs and sign structures, (2) promote the efficient and economical use of signs in distinct areas throughout the City with special focus on the needs of the particular area, and (3) to protect First Amendment free speech rights with content neutral sign regulations.

This chapter shall not regulate building design, official directional signs, traffic signs, copy of signs, signs within Highway 101 or Interstate 5 rights-of-way, window displays, point of purchase advertising displays such as product dispensers and candy machines, national flags, flags of political subdivisions, gravestones, holiday decorations, historical site plaques, towing signs, property management signs (e.g. no parking, no skateboarding) or other signs of a similar nature, as determined by the City.

(Ord. 7288 §32, 2021; Ord. 7184 §2 (Exh. B), 2019).

A.    No sign shall be erected or maintained in the City except those signs specifically identified in this chapter. The number and size of signs as outlined in this Chapter are maximum standards. Signs may only be established as accessory to a principally permitted use.

B.    This chapter is not intended to, and shall not be interpreted to, restrict speech on the basis of its content, viewpoint, or message. This chapter shall not be construed to favor commercial speech over noncommercial speech. A commercial sign may contain a commercial or non-commercial message.

(Ord. 7184 §2 (Exh. B), 2019).

A.    Permit Application. A permit or agreement shall be obtained from the City of Olympia for the installation of a new sign or the structural alteration of an existing sign. A Temporary Sign Agreement shall be submitted prior to the installation of a temporary sign.

B.    Authorization to Install Signs: For any permanent or temporary sign mounted or installed by inserting anything into the ground, the sign owner is responsible for any damages caused by the sign's installation. The sign owner assumes all liability associated with the sign's placement and installation. The City of Olympia makes no representations regarding suitability of any location. The sign owner shall conduct any and all necessary inspections before installation.

(Ord. 7184 §2 (Exh. B), 2019).

The following signs, and activities relating to signs, are exempt from the requirements of this chapter:

A.    Exempt. The following are exempt from the regulations and requirements of this chapter, but may be subject to regulation under other portions of the Olympia Municipal Code:

1.    Signs that are not visible from any public right-of-way or another property.

2.    Signs inside a building; however, commercial message signs within five feet of a window that is meant to be viewed from the right of way are not exempt and will be treated as window signage.

3.    Signs required by local, State, or Federal law if the sign is no more than 32 square feet in area or is painted directly on pavement.

4.    Signs installed by a special purpose district or the City, County, State, or Federal governmental agency for the protection of the public health, safety, and general welfare, including, but not limited to, the following:

a.    Emergency and warning signs necessary for public safety or civil defense;

b.    Traffic and/or wayfinding signs erected and maintained by an authorized public agency;

c.    Signs showing the location of public facilities; and

d.    Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety, and general welfare.

5.    Directional signs when internal to the site and not prominently visible from public rights of way.

6.    Any sign on a vehicle, unless such vehicle is regularly parked in any prominently visible location from public right-of-way or other public space for the primary purpose of attracting public attention to the sign.

7.    Public art, such as murals of a non-commercial nature that do not conform to the definition of “sign”.

8.    Posters in display areas incorporated into exterior display cabinets for performing arts or live theater venues when approved through the city's building design review process and used to identify upcoming events.

B.    No Permit Required. The following signs do not require a permit when sized and placed in conformance with this chapter:

1.    Signs erected by government agencies to implement public policy.

2.    Replacing only the face of an existing sign shall not be considered as either a new sign or a structural alteration and does not require a permit.

3.    On-premise occupant name plates on residential dwelling units, provided size of name plates does not exceed three (3) square feet in area.

4.    Changing of advertising on a legal changeable copy sign (readerboard).

5.    Temporary non-commercial signs less than six (6) square feet in sign surface area on private property and installed less than four (4) feet above ground.

6.    Normal maintenance of signs that does not change the appearance or size of the sign.

7.    Real Estate Signs in conformance with this chapter (see 18.43.080) do not require a permit or Temporary Sign Agreement.

8.    Temporary signs for which a Temporary Sign Agreement has been provided to the City.

9.    Any signs required to be posted pursuant to the Olympia Municipal Code or any other local, State, or Federal regulation.

10.    Any sign on a vehicle, unless such vehicle sign is prohibited pursuant to OMC 18.43.050.

11.    Signs placed by the City in City parks or trails, or the Port of Olympia on port owned parks or trails property, in conformance with its standard practices and policies.

(Ord. 7184 §2 (Exh. B), 2019).

Unless otherwise provided for in this chapter, no person shall erect, alter, maintain, or relocate any of the following signs as defined in 18.02.180 in the City and such existing signs must be removed. As provided for in Section 18.43.060.E, the City may allow exceptions to the prohibited signs for historic preservation purposes.

A.    Signs without Proper Permit. Signs erected, constructed, or structurally altered that are required to have a permit for such action and that were erected, constructed, or altered without obtaining a permit for such action.

B.    Animated Signs. Any animated sign, except traditional barber signs.

C.    Inflatable Signs. Any inflatable sign that includes movement or is otherwise an animated sign.

D.    Billboard Signs.

E.    Roof Signs.

F.    Nuisance Signs.

G.    Hazardous Signs.

H.    Impediment to Access. Any sign that impedes free ingress and egress from any door, window, or exit way required by building and fire codes, or blocks pedestrian access to transit or to/from parked vehicles.

I.    Permanent Signs on Vacant Lots. No permanent sign shall be located on a lot, parcel, or easement as the principal use of that lot, parcel, or easement.

J.    Certain Portable Signs. Portable signs on wheels (trailer signs) and outdoor electric portable signs.

K.    Abandoned Signs.

L.    Certain Locations within Right-of-Way (ROW) and Public Property. Signs on or within medians, roundabouts, traffic circles, the clear view sight triangle of intersections, utility poles, lampposts, traffic poles and signals, and street trees in the ROW or on or within other public property or structures such as benches or interpretive/educational signs, except as allowed pursuant to OMC 18.43.070, 18.43.080, and 18.43.085.

M.    Certain Parked Vehicles. Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose or outcome of providing signs not otherwise allowed by this chapter.

N.    Any sign over four (4) feet high in a required yard setback (See OMC 18.02.180 Definitions of Setback and Yard), unless otherwise permitted by this chapter.

O.    Pavement Signs. Other than traffic control signs approved by the City, County, or State, no signage is permitted to be applied to pavement.

P.    Commercial messages attached to wireless communication facilities.

(Ord. 7184 §2 (Exh. B), 2019).

A.    Sign Placement & Standards

1.    No sign shall interfere, confuse or conflict with the recognition and visibility of any traffic control or directional devices or street name signs.

2.    No signs are permitted in the drive lanes for cars or bicycles (streets), in any median or roundabout or traffic circle, in any parking spaces (designated parking or street shoulders), in any loading or restricted zones, blocking any fire escape, exit or standpipe, or that do not meet accessibility requirements in any pedestrian portions of the right of way (sidewalks).

3.    Signs must be placed in compliance with the Clear Sight Triangle standards (see OMC 18.02.180 and Chapter 4 of the Engineering Design and Development Standards).

4.    Unless otherwise permitted by this code, no signs other than those placed by the City itself are permitted on City owned property such as, but not limited to, City Hall, City maintenance facility, City parks, etc.

5.    All signs shall be kept in good repair and shall be maintained in a safe, neat, clean and attractive condition.

6.    Abandoned signs shall be removed, except if the City designates a sign as historic in nature, the City may allow the sign to be exempt from the removal standard for abandoned signs.

7.    No sign shall be in or over public rights-of-way with the exception of permitted projecting signs, light projection signs, blade signs, sandwich board or pedestal signs, or those legally mounted on a marquee or awning. This provision does not apply to interpretive signs along trails or non-commercial message temporary sign types and standards as set forth in OMC 18.43.085.

8.    No sign, whether temporary or permanent, shall be placed on the roof of any building or structure.

9.    No sign shall be located so as to physically obstruct any door or exit from a building or be hazardous to the ingress and egress from buildings, transit stops, or parking areas.

B.    Art used as a sign

1.    Art that does not contain text or logos is generally not considered to be a sign and is not subject to these sign code regulations unless the art contains a logo, slogan, advertising message, company name, or contact information. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs.

2.    Proposals that do not clearly fit into the category of being solely art or a sign shall be subject to City review, in order to determine if the end result is deemed to be a sign. Criteria used in consideration will include:

a.    Size, theme, text with a commercial message, location.

b.    Graffiti risk with and without the proposal.

c.    Proportion of sign area adjacent to proposed or existing art.

C.    Lighting and Electronic signs

1.    Electrical Requirements. Electrical requirements for signs shall also be governed by the adopted Electrical Code of the City. Compliance with said code shall be required for every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this code.

2.    Lighting:

a.    External light sources shall be shielded and directed onto or toward the sign only.

b.    Visible raceways and transformers for individual letters are prohibited, unless painted to match the building exterior upon which it is placed.

c.    Signs that have the ability to change colors through either internal or exterior illumination may change no more frequently than once per every twenty-four (24) hours.

3.    Electronic Message and Public Service Signs, where allowed:

a.    Illumination Limits

i.    Signs with an electronic message shall have a brightness level that is comparable with internally illuminated signs.

ii.    Signs with an electronic message shall incorporate photocell/light sensors, with automatic dimming technology that appropriately adjusts to ambient light conditions.

b.    Hold Time. The digital message or static image shall remain on the display for a minimum of:

i.    Public Service Signs at academic schools: Five (5) minutes.

ii.    Electronic Development Identification Signs: Three (3) minutes.

c.    Transition Method. A transition between messages shall be executed with a minimum fade in and out time of one second.

d.    Maintenance: Any permitted electronic sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall be repaired or disconnected within five days by the owner or operator of the sign.

4.    Light Projection Signs. Illumination from the projector mechanism shall not pose a hazard for bicyclists, pedestrians, or motorists and shall be screened from view to the maximum extent feasible.

D.    Repair and Safety

1.    All signs shall be kept in good repair and shall be maintained in a safe, neat, clean and attractive condition.

2.    When a City inspector determines the maintenance, control, or safety of a sign is not being sustained, the sign shall be deemed abandoned and it shall be removed.

E.    Historical Signs. Historic signs contribute to the architectural and historic character of Olympia and are typically located in the downtown. Historic signs may complement or define an individual building, or they may be valued independently, apart from the buildings or sites to which they are attached. Some historic signs identify the current business, while others are considered legacy signage, or signage related to a structure but not to the present occupancy or use. All signage applying for approval will be reviewed for compliance with the following standards.

1.    Historic signs, as a distinctive feature of Olympia, should be identified, retained, and where appropriate, restored.

2.    New signs or alterations to existing signs on individually designated historic buildings and buildings in designated historic districts shall be designed and installed following the U.S. Secretary of the Interior's Standards for Rehabilitation.

3.    New signs added to individually designated historic buildings and buildings in designated historic districts shall preserve, complement, or enhance the architectural composition and features of the building and/or district.

a.    Placement, Proportion, and Shape. Provide adequate signage for businesses while maintaining the building's architectural integrity, by locating signs so that building details shall not be covered or obscured.

i.    Signage shall be installed in appropriate “sign areas” as defined by the existing architecture of the facade.

ii.    Signage shall be mounted to fit within existing horizontal and vertical divisions and architectural features to the extent feasible. Where no architectural divisions exist or are evident, signage will be proportionately scaled to the façade and placed to respect window and door openings.

iii.    No sign shall be placed or located so as to obscure or cover historic features of a building.

iv.    Damage to architectural detail when attaching the sign shall be avoided. Sign attachment parts shall be reused in their original location (holes in the façade or fixing positions) to protect the original building materials to the greatest extent feasible.

v.    The shape of the sign should be used to reinforce the relationship of moldings, transoms, and other design elements seen along the street.

b.    Material. Sign materials shall be compatible with the historic materials and character of the building and the applicable Sign Zone.

c.    Illumination. Signs may be illuminated or non-illuminated. Illuminated signage shall use lighting forms that are consistent in appearance with the historic character of the building and applicable Sign Zone and Character District.

F.    Legacy Signs. Includes existing signage, portions of which may or may not be visible, but can be documented by historical photographs, and may also include accurately reconstructed or entirely repainted signs based upon such documentation, provided that such signage is not representative of the current occupancy. Legacy signage may be painted or constructed, as in a blade, pylon, or rooftop sign, although does not provide for reconstruction of billboard signs. Painted wall graphics, including accurately replicated/repainted wall graphics related to on or off-site content, are treated as Legacy Signage provided they exactly duplicate an earlier sign on the subject property.

1.    Upon approval by the City, Legacy Signage related to a previous on- or off-site use of the property may remain in place and be excluded from any sign area or quantity calculations. For example, the area of a painted wall graphic will not be included in a square foot allotment based upon building linear frontage.

2.    Documented wall graphics formerly associated with the specific site may be repainted and excluded from area calculations as Legacy Signage, provided:

a.    Such signs are identically and accurately re-created as they existed historically at the subject tax lot, building or site; and

b.    Such signs can be documented physically or photographically with sufficient clarity to determine original content; and

c.    The accurate replication of such signage will contribute to the character of the area.

3.    Previously existing graphics or signs modified in any manner from their historically documented character are not considered legacy signs under this subsection and are subject to sign standards of the Olympia Municipal Code.

4.    If firm evidence can be provided of the past existence of a sign which would be nonconforming under current regulations, the City may allow the placement of a replica of the sign, if support in the form of a recommendation of approval from both the Design Review Board (DRB) and Heritage Review Committee (HRC) of the Heritage Commission is granted and it meets current building code standards. In making its recommendations, the DRB and HRC must consider any historic district designation, the intent of the design review standards in place for the proposed location, and consistency with the intent of the underlying zoning district and the future land use designation of the Comprehensive Plan.

(Ord. 7184 §2 (Exh. B), 2019).

The sign types below are permitted when allowed in the sign zone in which it is proposed and when the standards for the sign type are met:

A.    Alley. Up to one (1) square foot per one linear foot of the wall on which the sign is mounted, for the portion of the alley wall occupied by the business or use. Sign must be flush mounted to or painted on the alley wall so that minimum alley widths are maintained for trash collection and utility/delivery purposes. Uses with a public entrance from the alley may also provide a building entrance sign at the entrance, provided that vehicular use of the alley is not compromised by the sign.

B.    Awning. Only the area containing the sign band may be internally lit. All awnings which are illuminated must meet the state energy code requirements.

C.    Blade. Clearance from grade - minimum eight (8) feet if located in an area where pedestrians can pass beneath the sign.

D.    Building Entrance signs:

1.    Permitted Content: business name only.

2.    Sign Types: flush mounted wall sign, painted, window, or blade signs only.

3.    Use limits: not permitted on uses in residences, such as preschools and home occupations, which are allowed one identification sign only.

4.    Number: one (1) per exterior public entry.

5.    Placement: within five (5) feet of public entrance.

6.    Maximum Size: ten (10) square feet.

E.    Business Directory

1.    The allocation of space for tenants is determined by the property owner and tenants. Not every tenant is guaranteed space on the business directory sign.

2.    A business directory may be either combined with that portion of the development identification sign which identifies the name of the development or it may be a separate sign, provided that the combined amount of signage identifying the name of the development and the business directory sign does not exceed the total allowable sign surface area for Development Identification Signs.

3.    Building location maps shall be considered as a type of business directory and are subject to the above standards.

F.    Business Identification Signs can be freestanding or building mounted, depending on the sign zone the business is located in. Such signs are limited in number based on the number of property lines that abut a street frontage, however for the purposes of the sign code the City may interpret a private street or internal access road as being a second street frontage when calculating the total amount of signage allowed. In cases where tenant spaces are located on the end of a building, signs are allowed on the front and side walls.

G.    Development Identification Signs are those which serve as the primary identifier of the name of a development. Business directories are considered a part of a use’s Development Identification Signs.

1.    Multiple occupancy buildings

a.    Sign identifying name of building – one (1) per exterior public entry.

b.    Business directory for the building – one (1) per exterior public entry.

2.    Multiple building complexes.

a.    Sign identifying name of development – one (1) per driveway entry to the development, to be located at the driveway entry.

b.    Business directory for the development – one (1) per driveway entry to the development.

H.    Electronic Development Identification Signs, where permitted:

a.    Maximum height: up to twenty-five (25) feet.

b.    Maximum sign area: up to three hundred (300) square feet of copy area per side.

I.    Directional Signs are designed solely to guide or direct pedestrian, bicycle, or vehicular traffic to an area or place. Informational signs are those of a public or quasi-public nature.

1.    Off-premises commercial directional signs are prohibited, with the exception that an off premises commercial directional sign permit may be granted, if all of the following can be found to apply:

a.    The use caters to tourists through on premise provision of food, lodging or recreation.

b.    The use is located at least one (1) block from a major arterial (as designated by the

City).

c.    Such signs shall be directional in nature only (that is, no advertising other than name and location is allowed).

d.    No more than two (2) such signs for each use shall be approved.

e.    Sign Structure - freestanding or building mounted.

f.    Maximum Size – sixteen (16) square feet (eight (8) square feet per side for double sided signs).

g.    Such a sign shall meet all other applicable provisions of these standards.

2.    Directional and informational signs of a public or quasi-public nature.

a.    May be erected or maintained by an official or civic body.

b.    Sign Structure - freestanding or building mounted.

c.    Maximum Size – sixteen (16) square feet (eight (8) square feet per side for double sided signs).

J.    Entrance/Exit

1.    Content: no commercial message is permitted.

2.    Sign Structure: freestanding or building mounted.

3.    Maximum size: five (5) square feet (2.5 square feet per side for double sided signs); Maximum Height: four (4) feet; Maximum Width: four (4) feet.

4.    Number of signs: one (1) per driveway, placed within five (5) feet of the driveway unless otherwise approved due to site layout and constraints. If the sign is placed on a building wall it shall not project more than twelve (12) inches away from the wall to which the sign is attached nor extend beyond such wall, or above the roof line.

K.    Freestanding

1.    If the sign is double sided, each side may have half of the maximum square footage.

2.    the front yard setback shall be a minimum of five (5) feet if abutting a principal arterial (major arterial) with a rights-of-way of eighty (80) feet or less, provided that the sign owner agrees to assume all expenses of relocating the sign when and if the City acquires additional rights-of-way. The sign owner must provide the City with an appropriate legal document binding the owner and any future heirs or assigns to said agreement.

3.    Height - 4 foot maximum.

a.    Exceptions: In association with secondary and above academic schools, if the site is greater than five acres and more than fifty (50) percent of the building square footage is a Type "E" occupancy per the adopted Building Code or within the Freeway Corridor Overlay district:

1.    Uses on City street frontages – sixteen (16) feet.

2.    Uses adjacent to the freeway – twenty-five (25) feet.

3.    A maximum of one (1) pole sign is permitted per use, however, only one pole sign in a development is permitted.

4.    Placement of pole signs - pole signs shall be placed in a planter box, or otherwise landscaped, with the area of the landscaping a minimum of onehalf (1/2) of the surface area of the sign.

b.    Exception: Maximum height for business directories which are separate signs from the development identification sign is seven (7) feet, if the site is at least forty (40) acres in size and for new development the sign is located a distance from the public right-of-way which is equal to the required throat length of the driveway, per the City Public Works Standards, or for existing development is equal to the existing throat length or one hundred (100) feet, whichever is greater.

4.    Placement - freestanding signs located entirely on the premises of the use they are associated with, unless otherwise specified.

L.    Marquee.

1.    Marquee signs are exempt from the aggregate sign surface area requirements.

2.    The vertical measurement of the sign shall not exceed twelve (12) inches.

3.    No portion of the sign may project out beyond the ends of the marquee.

4.    Clearance from grade - minimum eight (8) feet if sign is located under the marquee.

5.    Placement - can be under, on top of, or on any face of the marquee. If on top of the marquee, the sign shall be parallel to the plane of the wall it is attached to.

6.    Projection from face of building - if attached to the face of the marquee, the sign shall not project more than twelve (12) inches away from the face of the marquee.

7.    Theaters - existing movie theaters are allowed to retain their traditional type of marquee sign without animated or flashing lighting.

M.    Painted. If a change is made to the original appearance of a painted wall sign, this shall constitute a new sign and require a permit.

N.    Pole Signs.

1.    Sign Structure - Pole signs are permitted in Freeway Corridor design review district and the Auto Mall Sign Zone.

2.    Use limits - if property is adjacent to freeway, pole signs are limited to multifamily complexes, shopping centers, and industrial complexes.

3.    For the purposes of calculating the number of permitted signs, pole signs are subject to the standards for freestanding signs, i.e., they are not in addition to the number of permitted freestanding signs but are considered one of the permitted freestanding signs.

4.    All other sign standards in Freeway Corridor district are determined by the underlying zoning district.

O.    Projecting.

1.    Limit of one (1) per single occupant building (not in a shopping center).

2.    Maximum size is fifty (50) square feet (twenty-five (25) square feet per side).

3.    Clearance from grade - minimum of ten (10) feet, except when sign is mounted under a marquee the minimum clearance from grade is eight (8) feet.

4.    Projection from face of building shall not exceed three (3) feet.

P.    Public Service signs, such as time and temperature signs and community bulletin boards, are allowed to be incorporated into a use’s permitted signage, provided the overall sign size, height and other standards for the underlying zoning district are met. Public service signs for academic schools shall hold the message or image static for a minimum of five minutes and the electronic portion of the sign shall be turned off between 9:00 p.m. and 6:00 a.m.

Q.    Shopping Center Sign. Allowed for shopping complexes on sites of five (5) acres or larger, as follows:

1.    Number: Limit of one per public entrance from an arterial or major commercial collector street to the site.

2.    Height: Maximum height of twenty (20) feet.

3.    Advertising Area: Maximum copy area of one hundred (100) square feet per side. Copy area shall include the name of the shopping complex, if included on the sign.

4.    Location: Setback a minimum of five (5) feet from property lines, placed in a landscaped area, and located outside of any clear view sight triangles (EDDS, Chapter 4).

5.    No portion of the sign may contain an electronic/digital message.

6.    In no case shall the presence of a shopping center sign, when in proximity of landscaping or street trees, be sufficient justification to excessively prune (“top”) or remove trees that obstruct visibility of the sign.

7.    Design Elements. The following design standards shall be achieved:

a.    The sign shall have a solid base or at least two connections to the ground.

b.    The sign shall incorporate a top band, cap, or design element above the copy area.

c.    Lighting, colors, and materials are consistent and compatible with the shopping complex colors and materials.

R.    Window Signs. See 18.43.080.

S.    Wall Signs. Projection from face of building - shall not exceed twelve (12) inches away from the wall which the sign is attached to nor extend beyond such wall, or above the roof line. Such signs shall comply and count toward the aggregate signage allowance. For wall signs placed in an alley, the maximum distance from the wall may be required to be less than twelve (12) inches to ensure adequate clearances for vehicles is maintained.

(Ord. 7288 §33, 2021; Ord. 7184 §2 (Exh. B), 2019).

The sign types below are permitted when allowed in the sign zone in which it is proposed and when the standards for the sign type are met, including the general provisions at the end of this section and submittal of a Temporary Sign Agreement:

A.    Banners. Banners in the Downtown, Auto Mall, Business & Corridor Sign Zones and on approved nonresidential uses and multifamily complexes in the Residential Sign Zone shall be limited to the following:

1.    Quantity.

a.    One temporary banner sign is allowed per tenant space on the property.

b.    The property owner (or landlord), if not also a tenant, may be allowed one temporary banner sign.

2.    Size. Up to thirty-two (32) square feet, however for buildings or tenant spaces with an exterior wall width greater than thirty-two (32) feet in width, the maximum size of a banner shall be up to one (1) square foot of banner area for every one linear foot of exterior wall space per tenant/business space, up to a maximum size of one hundred (100) square feet.

3.    Placement. The entire banner shall be attached flush to the façade of the building, anchored at all four corners, and may not extend above the roofline or around the corner of a wall.

B.    Sandwich Board/Pedestal Signs. Where permitted, the following standards shall apply:

1.    Quantity. One temporary sandwich board or pedestal sign is allowed per tenant space on the property.

2.    Size. The sign shall be no more than eight square feet in size and no greater than four feet in height.

3.    Placement. Sandwich board/pedestal signs shall be placed in conformance with OMC Section 9.16.180 and:

a.    Not create a traffic safety hazard by interfering with the vision of drivers entering or leaving the premises.

b.    Be located in such a manner so as not to interfere with the opening of car doors, use of bicycle parking facilities, bus stops, loading zones, or pedestrian traffic.

c.    Be located such that an unobstructed passageway of forty-eight (48) inches shall be maintained for accessible travel routes for all on all public and private rights-of-way and walkways.

d.    Be placed directly in front of or adjacent to the sponsoring business and on the walkway directly in front on the business. It shall be no farther than twenty (20) feet from the public entrance to the business, unless an alternate location is approved by the city (for example, if one building is setback farther from the sidewalk than the adjacent buildings).

e.    Signs shall be placed entirely on private property and outside of the right of way unless the owner(s) of such sign assume liability for damage resulting from their use by providing the City with an agreement signed under penalty of perjury (as provided by the City) holding the City harmless from such resulting loss.

4.    Duration. Sandwich board/pedestal signs may be placed outside during business hours, three hundred sixty-five (365) days a year.

C.    Construction Signs. Where permitted, the following standards shall apply:

1.    The maximum area of a construction sign in any zone shall be thirty-two (32) square feet. No sign permit is required for the posting of construction signs on the site where the construction is taking place.

2.    All construction signs shall be removed from the premises within ten (10) days of the cessation of excavation, construction, demolition, rehabilitation, structural alteration or related work on site.

D.    Feather Signs. Where permitted, the following standards shall apply:

1.    Maximum height including pole: Eight (8) feet.

2.    Maximum height of flag portion of sign: Five (5) feet.

3.    Maximum width of flag portion of sign: Two (2) feet.

4.    Maximum area of feather flag: Ten (10) square feet.

5.    Maximum number of feather signs allowed per parcel: Five (5).

6.    The feather sign shall be mounted entirely on private property and may not be mounted at a location where the flag will enter any sidewalk, street, or driveway when fully extended horizontally.

E.    Inflatables. Where permitted, the following standards shall apply:

1.    Maximum number of inflatable sign events per property on display at one time: One (1).

2.    Minimum amount of time between inflatable sign installations: Fourteen (14) days.

3.    Maximum height: Twenty (20) feet from the ground.

4.    The inflatable must be secured in a manner that meets all code requirements for safety (including placement of any guy wires, etc.).

5.    Inflatables may not include movement, as those are considered animated signs which are prohibited.

F.    Light Projection. Where permitted, the following standards shall apply:

1.    Maximum number of projection signs per property on display at one time: One (1).

2.    Maximum area of projection display: Twenty (20) square feet.

3.    The area of display shall project only upon the property occupied by the associated use or the sidewalk portion of the public right-of-way within ten (10) feet of the public building entrance occupied by the use.

4.    Permitted only during business hours.

5.    The image projected must remain static and shall not contain animation or movement, nor shall the image change at a rate greater than once every twenty-four (24) hours.

6.    Light Projection signs are only permitted in the Entertainment and Art/Tech Downtown Design Sub-Districts of the Downtown Sign Zone and in the Auto Mall Sign Zone.

G.    Yard/Lawn Signs. Where permitted, the following standards shall apply:

1.    Maximum sign surface area: Ten (10) square feet.

2.    Maximum sign surface area height: Three (3) feet.

3.    Maximum width: Four (4) feet.

4.    Maximum posted height above grade: Four (4) feet.

5.    Placement: All signs must meet the minimum clear view triangle standards at driveways and intersections (see Chapter 4, Engineering Design and Development Standards).

H.    Window Signs. Where permitted, the following standards shall apply:

1.    Window signs can be of a temporary nature (e.g. a poster in a window) or of a more permanent nature (e.g. professional lettering adhered to the window; opaque or semitransparent film with or without graphics or text). All of these sign types can be removed and replaced. Window signs with commercial or noncommercial messages are permitted in the Downtown, Auto Mall, and Business and Corridor Sign Zones. Window signs of a noncommercial nature are permitted in the Residential Sign Zone.

2.    A waiver may be granted by the Community Development Director or the Community Development Director’s designee for the protection of sensitive personal data (e.g. identity and financial information of bank patrons) or when supported by the Olympia Police Department as an effort to reduce crime or otherwise protect the general health, safety, and welfare of the public.

3.    Window signs shall not be animated (flashing, scrolling, or contain movement).

4.    For properties for which a traditional building mounted sign is not practical because of window number, size, and placement or for which traditional signage would cover architectural features, the city may allow window signage coverage to be increased up to the size of building mounted signage that would be allowed.

I.    Real Estate Signs. Where permitted, the following standards apply:

1.    Permits and Temporary Sign Agreements - not required (see OMC 18.43.040).

2.    Materials - all exterior real estate signs must be of wood or plastic or other durable material.

3.    Placement - signs may not be attached to a utility pole or traffic safety device or interfere with traffic safety.

4.    Real Estate signs may not be specifically illuminated, either internally or externally.

5.    Residential properties:

a.    For Sale and Sold signs

• Maximum size – 10 square feet, provided that if a single faced sign, sign may not exceed 5 square feet.

• Height – seven feet maximum.

• Placement - signs must be placed wholly on the property for sale. If sign is greater than five square feet in sign surface area, it must be placed more than 30 feet from the abutting owner’s property line.

b.    Directional Open House Signs

• Maximum size - 10 square feet, provided that if a single faced sign, sign may not exceed five square feet.

• Height – four foot maximum.

• Placement - signs may be placed no less than 10 feet from the traveled portion of public rights-of-way, provided it does not interfere with traffic safety.

• Hours - permitted only during daylight hours and when the broker, agent, or seller is in attendance at the property for sale.

• Number of signs - one sign per street frontage on the premises for sale and three off-premise signs. However, if a broker/agent has more than one house open for inspection in a single development of subdivision, the broker/agent is limited to four off-premises open house signs in the entire development or subdivision.

6.    Commercial and Industrial Properties:

a.    For Sale, Rent, or Lease Signs

• Maximum size – 50 square feet, provided that if a single faced sign, sign may not exceed 32 square feet.

• Height – eight foot maximum.

• Placement - for all commercial and industrial properties, if the sign is freestanding, it must be located more than 15 feet from public rights-of-way and from any abutting property line if the adjacent property is developed. These signs can be single or double sided and can be angled to maximize readability to motorists (in the shape of a “v”) as long at the sign meets this setback criteria. For developed commercial and industrial properties, if the face of the building is less than 15 feet from the property line, the sign must be placed on the building or in a window.

• Removal - signs may be displayed only while the property is actually for rent or sale.

• Number of signs - one sign per street frontage while the property or building is actually for sale, rent, or lease.

7.    Additional Real Estate Signs - The Director may grant a Type I permit to allow temporary off-premises signs in addition to those permitted above. Such additional signs may be used to advertise open houses, to provide directions to new developments, or for similar purposes. Such signs may be placed no fewer than 10 feet from the traveled portion of the public right-of-way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. The Director shall determine the number and locations of such signs, and the period during which they may be displayed. The Director shall take into account the number of existing signs in any proposed location, and shall limit or prohibit new ones so as to prevent a traffic hazard or a detrimental effect on neighboring property.

General Regulations

J.    The following provisions apply to all commercial message temporary signs placed within the City:

1.    Temporary Sign Agreement Required. Prior to installing a temporary sign, a Temporary Sign Agreement shall be submitted to the City acknowledging the applicable standards. This applies to all temporary signs except Real Estate Signs and Noncommercial Speech Signs.

2.    Sign Placement. All temporary signs must be placed wholly within the site/property pursuant to the requirements of this chapter, except when allowed to extend into or be placed in the right-of-way by this chapter. See OMC 18.43.060.

3.    Materials – Construction. Temporary signs may be made of any durable material provided that the temporary sign otherwise conforms to the requirements of this chapter.

4.    Lighting. Temporary signs shall not be internally illuminated.

5.    Audio. Temporary signs shall not emit noise.

6.    Movement. With the exception of feather signs where allowed, temporary signs shall not move or vibrate.

7.    Public Spaces. Temporary signs shall not be placed in any public park, trail, open space, or other public space, except for those signs placed by the City or a special purpose district that owns the property.

8.    Residential Uses. Residential uses on mixed-use properties or in a commercial sign zone shall be subject to the temporary sign regulations of the residential sign zone.

9.    Commercial Uses. Commercial uses in a residential sign zone shall be subject to the temporary sign regulations of the residential sign zone.

10.    Temporary signs on commercial properties may be commercial or noncommercial in their message.

11.    Changing image sign features and electronic elements are prohibited.

12.    Any temporary sign that is specific to an event shall be removed within five (5) days of the end of the event.

K.    The following provisions apply to temporary signs with a commercial message placed within the City:

1.    Duration. The maximum length of time is sixty (60) days. Window signs and sandwich board/pedestal signs are exempt from the duration provisions.

2.    Frequency. No more than four (4) temporary signs shall be installed at any one use during any twelve (12) month period; except for motor vehicle sales uses within the Auto Services District, temporary sign permits shall be limited only by a requirement for fourteen (14) days of separation between temporary sign events.

3.    Number. No more than one (1) such sign shall be allowed at any one time for a use, except for motor vehicle sales uses within the Auto Services District no limit is imposed. For the purposes of calculating the number of temporary signs allowed for a business, a sandwich board/ pedestal sign and window signs shall not be counted when a Temporary Sign Agreement has been filed and the signs are placed in accordance with the standards in this code.

(Ord. 7364 §31, 2023; Ord. 7288 §34, 2021; Ord. 7187 §3, 2019; Ord. 7184 §2 (Exh. B), 2019).

Noncommercial speech signs express noncommercial messages such as public/ community events, religious, political, ideological, or other philosophical messages. Noncommercial speech signs do not promote commercial businesses, projects or services. The content of such signs is not regulated but the sign is subject to 18.43.060, any placement standards for the sign type in Section 18.43.080, and the following requirements:

A.    On private property in Downtown, Auto Mall, and Business & Corridor Sign Zones:

1.    The sign area of all noncommercial speech signs on a lot shall not exceed thirty-two (32) square feet.

2.    Freestanding: Maximum height from grade to top of sign: four (4) feet within five feet of property lines; ten (10) feet if more than five feet from all property lines.

3.    Building Mounted: Shall not extend above the roof line.

4.    Number: Limit of one per street frontage.

B.    On private property in Residential Sign Zone:

1.    Residential Uses:

a.    The sign area of noncommercial speech signs shall not exceed ten (10) square feet.

b.    Maximum height from grade to top of sign is four (4) feet.

c.    Minimum setback from property lines: Five (5) feet.

d.    Number: No limit.

2.    Approved Nonresidential and Multifamily Complexes:

a.    The sign area of noncommercial speech signs shall not exceed twenty-four (24) square feet.

b.    Maximum height from grade to top of sign is four (4) feet.

c.    Minimum setback from property lines: Five (5) feet.

d.    Number: Limit of one per street frontage.

C.    All noncommercial speech signs when in the public right of way:

1.    Size/Area: The sign surface area shall be no larger than six square feet;

2.    Height: The sign height, when posted, shall be no more than four (4) feet above grade (height of thirty inches (30") or less is required in clear sight triangle, see Chapter 4, EDDS);

3.    Number: No more than three (3) temporary signs are allowed per street frontage adjacent to any one parcel, including all other temporary signage that may be allowed under this chapter;

4.    The sign must be placed entirely outside of the roadway and meet the clear sight triangle requirements for driveway and street intersections contained in Chapter 4 of the Engineering Design and Development Standards (see 4B.150, EDDS). Where no curb exists, the sign must be placed outside the roadway at least ten (10) feet from the edge of the roadway;

5.    The sign must not obstruct pedestrian or accessible routes to or along the sidewalk or encroach into the minimum clear pathway area of forty-eight (48) inches in width; and

6.    The sign must remain portable and may not be attached or anchored in any way to trees or to public property including, but not limited to, utility or light poles, parking meters, or pavement.

7.    Only Yard/Lawn signs are allowed when placed in the public right of way.

(Ord. 7184 §2 (Exh. B), 2019).

Figure 43-1

The following sign types are allowed in the four sign zones, subject to the standards of the applicable sign zone and this chapter:

*Window signs can be permanent or temporary. See Section 18.43.080 for applicable standards.

**Approved non-residential (NR) uses and multifamily (MF) complexes.

(Ord. 7184 §2 (Exh. B), 2019).

A.    Permanent Signs in the Downtown Sign Zone

1.    Permanent signs are permitted in the downtown sign zone, limited in their type, size, and placement. A total sign area shall be established for each use, which could be used in one large sign, or the total area allowed could be divided among up to three (3) individual signs as long as the total square footage of signs allowed is not exceeded and the sign type is permitted at the location where it is proposed. This applies to the following building mounted sign types: wall, blade, awning, marquee, and projecting signs. The maximum total sign area will be calculated as 1 square foot of sign area for every one (1) linear foot of front wall space of each tenant space, or the length of the wall for single occupancy buildings, up to two hundred (200) square feet.

2.    Additional permanent sign types may be permitted for each parcel or business, including: building entrance signs and site entrance/exit signs. The area of these sign types does not count toward the maximum aggregate sign size permitted.

3.    Corner lots or businesses that are allowed signage on two building sides may combine the total sign size allotments for both sides, then divide by two (2) so the signs are the same size on both sides of the business if they so choose.

4.    Signs shall be oriented primarily to the pedestrian.

B.    Temporary Signs in the Downtown Sign Zone

C.    Sign Regulations Specific to Downtown Sign Zone

1.    No alley sign shall project out from the wall into the alley or interfere with the ability of vehicles to pass, including garbage collection trucks or delivery vehicles.

2.    Freestanding business identification signs up to twenty-four (24) square feet in size (12 sq. ft. per side if double sided) and up to four (4) feet in height are permitted for city-approved surface parking lots that do not contain a building on which to place the sign.

3.    Window Signs: (see 18.43.080)

a.    Coverage: all window signs combined shall not exceed twenty-five (25) percent of the window in which the sign(s) is located. When windows are grouped to provide a large expanse of transparency, this provision is applied separately to each window.

b.    Window films count toward the total sign coverage allowed, whether they are opaque, solid, or consist of images with or without text or logos. The Director may approve exceptions for banks or similar uses for the protection of sensitive personal data; when requested or supported by the Police Department to reduce or deter crime or to protect the public health, safety, or general welfare; or when a window treatment is proposed that results in a minimal amount of window tinting to reduce glare and/or energy for heating/cooling the building but that still provides for easy public viewing into the building space from public rights of way.

c.    Coverage is measured using the square footage of the smallest rectangle that covers the entire sign compared to the square footage of the individual window itself.

4.    Businesses in multiple tenant buildings that have a separate public entrance, or businesses in single tenant buildings, may have blade or projecting signs as a business identification sign. In no case shall the sign exceed the Projecting Sign size standards.

5.    Freestanding or Building Mounted business identification signs are permitted for businesses located between Plum Street and Eastside Street. Freestanding signs may be up to 200 square feet in size (100 square feet per side if double sided) and up to four feet in height.

D.    Design standards applicable to permanent signs in Downtown Sign Zone

1.    Applicability. Sign design guidelines apply to the full Downtown Sign Zone.

2.    In applying design guidelines, the City may deny or further restrict signs otherwise authorized or regulated in other sections of this chapter when design criteria is not met.

3.    The appeal procedures set out in OMC 18.70.170 for signs subject to design review shall apply.

4.    Overlapping Downtown Sub-Districts. Where there is an overlap in Downtown Design Sub-Districts the applicant must identify which district the project is consistent with if sign provisions are impacted by the distinction.

5.    Secretary of Interior Standards. Signs on individually designated historic properties and buildings in designated historic districts shall be designed and installed following the U.S. Secretary of the Interior's Standards for Rehabilitation.

6.    Orientation and Placement.

a.    Signs shall avoid obscuring prominent architectural features.

b.    When a sign band exists, new signs should fit within the original space of the sign band as defined by the architectural features allowing for coverage of the band by no more than eighty-five (85) percent.

c.    Ground floor tenants should place signs at the storefront level.

7.    Legibility

a.    Ensure lettering sizes, styles, and sign locations will be clearly legible.

b.    Use of symbols and logos in the place of words is encouraged. Signs that advertise an occupant business using graphic or crafted symbols (shoes, keys, glasses, books, etc.), are encouraged and may be incorporated into any of the allowable sign types.

8.    Materials, Color, and Installation

a.    Sign materials and shapes shall be compatible with architectural forms and building facades.

b.    Signs should be constructed of durable, maintainable materials that present a finished appearance and reflect the character of the building.

i.    Appropriate sign materials are compatible with the design vision of the character area.

ii.    Projecting Signs Brackets.

(1)    The bracket or support structure is part of the visual presentation and should be simple and clean, or thoughtfully incorporated into the design of the sign.

(2)    Do not use excessive, visible bracing that is not part of the sign design.

iii.    Installation of Signs on Masonry Facades. To minimize irreversible damage to masonry, all mounting and supports should be inserted into mortar joints and not into the face of the masonry.

iv.    Window signs that are either permanent materials affixed to a window or text and graphics etched or painted directly on the window surface are preferred.

9.    Illumination

a.    Lighting shall be designed to highlight the signage. External lighting sources shall be shielded and directed toward the sign.

b.    Allowed illumination sources include:

1.    External illumination. Projecting light fixtures used for externally illuminated signs should be simple and unobtrusive in appearance. They should not obscure the graphics of the sign.

2.    Reverse illuminated/halo effect signage lighting.

3.    Internally lit channel letters or cabinet wall signs.

4.    Exposed neon tubing. Exposed LED lighting can be appropriate if it has the look of exposed neon lighting.

5.    Marquee signs may be backlit.

6.    Awning signs, provided only the sign band may be internally lit.

7.    Districts. Encourage signs that incorporate design vision elements of the district, as described in OMC Chapter 18.120.

(Ord. 7288 §§35, 36, 2021; Ord. 7184 §2 (Exh. B), 2019).

The Auto Mall Sign Zone is intended to address those uses in the AS Zoning District that are directly tied to automobile sales, service, and related uses. Other uses, such as office spaces not related to automobile sales and services, are likely located in and subject to the rules of the Business & Corridor Sign Zone.

A.    Permanent sign regulations in Auto Mall Sign Zone

1.    Permanent signs are permitted in the Auto Mall sign zone, limited in their type, size, and placement. A total sign area will be established for each use, which could be used in one large sign, or the total area allowed could be divided in among multiple signs as long as the total square footage of signs allowed is not exceeded. This applies to the following sign types: freestanding, wall, awning, marquee, projecting, and window signs.

2.    Other permanent sign types are permitted for each parcel or business, including: building entrance signs, business directories, directional, secondary wall signs, and site entrance/exit signs.

3.    Wall signs using channel letters shall not exceed thirty-six (36) inches in height. Logos or symbols are not subject to this size requirement.

B.    Sign Regulations Specific to Auto Mall Sign Zone

1.    Secondary Wall Signs. Uses that are accessory (e.g. oil changes, services and parts) to the primary use (e.g. auto sales) and that have a separate public entrance are permitted to have an additional wall sign. These signs may be up to twenty-four (24) square feet in size.

2.    For individual uses in multiple occupancy buildings, the length of the wall to be considered for size calculation purposes includes only that portion enclosing the space the sign proponent occupies, not the length of the entire building.

3.    Lighting. Signs illuminated directly or indirectly shall not be unreasonably bright or glaring. The placement or location of signs must be placed in a manner so it shall not directly face into an adjacent residential District.

4.    Location. Freestanding signs shall be located entirely on the premises of the use they are associated with, unless otherwise specified.

5.    An additional pole sign for a dealer’s used car lot is not permitted, except that any motor vehicle sales lot in the Auto Services District larger than 43,560 square feet (one acre) without a franchise is allowed one (1) pole sign.

6.    The number of permitted pole signs are subject to the standards for freestanding signs (i.e., they are not in addition to the number of permitted freestanding signs but are considered one of the permitted freestanding signs).

7.    Directional signs for motor vehicle sales:

a.    Sign Structure - shall be freestanding

b.    Maximum Size of a Directional Sign - shall be sixteen (16) square feet (eight (8) square feet per side of a double sided sign).

c.    Number of Signs - limited to a maximum of four (4) signs.

d.    Maximum Sign Height - shall be seven (7) feet.

43-A

Motor vehicle sales uses within the Auto Mall Sign Zone are allowed a certain number of pole signs per franchise based upon lot size, as follows:

43-B

Motor vehicle sales lots facing Cooper Point Road/Auto Mall Drive are allowed either:

a.    Pole signs at thirty (30) feet in height as allowed above, and setback a maximum of thirty (30) feet from the front yard property line, and, ground signs at four (4) feet in height setback a minimum of six (6) feet at a separation of one hundred (100) feet between ground signs; or

b.    Ground signs at twelve (12) feet high as allowed above and setback a minimum of six (6) feet from the front property line at a separation of one hundred (100) feet between ground signs with no pole signs allowed.

(Ord. 7184 §2 (Exh. B), 2019).

A.    Permanent sign regulations in Business & Corridor Sign Zone

1.    For Commercial Uses. A freestanding or building mounted sign is allowed, in addition to a building entrance sign, as follows:

a.    Freestanding Signs:

Development Identification Signs for Multiple Occupancy Buildings: one (1) per exterior public entrance, up to 50 square feet maximum.

Identification Signs for Individual Uses: one (1) per street frontage, up to:

Two hundred (200) square feet (or one hundred (100) square feet per side) on arterials and major collector streets.

One Hundred (100) square feet (or fifty (50) square feet per side) on streets that are not arterials or major collectors.

b.    Building Mounted Signs:

1.    A maximum of one (1) square foot of sign area for every one (1) linear foot of front wall space of each tenant space, or the length of the wall for single occupancy buildings, of the wall on which the sign is mounted, up to a maximum of two hundred (200) square feet per sign. A business with a three hundred twenty-five (325) square foot front wall width may have up to three hundred twenty-five (325) square feet in signage (e.g. one two hundred (200) square foot sign and one (1) sign up to one hundred twentyfive (125) square feet; or two signs of 162.5 square feet each).

2.    Each tenant may have up to fifty (50) square feet of signage, regardless of tenant space width, provided its placement on the building does not cover architectural details or design features of the building or occupy more than eight-five (85) percent of the sign band.

3.    Businesses in multiple tenant buildings that have a separate public entrance, or businesses in single tenant buildings, may have blade or projecting signs as a business identification sign. In no case shall the sign exceed the Projecting Sign size standards.

2.    Non-Commercial Uses in the Commercial Sign Zone. Residential units or homes on mixed-use properties or in a commercial sign zone shall be subject to the sign regulations of the residential sign zone.

B.    Sign Regulations Specific to Business & Corridor Sign Zone

1.    Properties immediately adjacent to Interstate 5 (I-5) or US Highway 101 (Hwy 101) may have one pole sign, per development, when the approved land use is a multifamily complex, shopping center, or industrial complex.

a.    These pole signs may be up to two hundred (200) square feet in size or one hundred (100) square feet in size per side when double sided.

b.    For the purposes of calculating the number of permitted signs, pole signs are subject to the standards for freestanding signs (they are not in addition to the number of permitted freestanding signs but are considered one of the permitted freestanding signs).

2.    Businesses that are located wholly within another business and do not have direct exterior wall space included in their tenant space (e.g. a coffee shop inside a grocery store) and are under separate business ownership, may have one wall sign per street frontage, up to twenty-four (24) square feet per sign.

3.    Businesses in a commercial zoning district that are adjacent to a Class 1 public trail, may have a wall sign on the building wall facing the trail when there is a public entrance or approved exterior seating/dining area on that wall. For the purposes of maximum sign size calculation, the standard is one square foot of sign area for each one (1) lineal foot of wall length for the portion of the building occupied by the tenant, of the wall facing the trail.

4.    The approved commercial areas within Urban or Neighborhood Villages shall be subject to the sign standards in the Business & Corridor Sign Zone. Where there is a conflict between the sign code and the approved Master Plan and Design Guidelines, the approved Master Plan and Design Guidelines shall apply.

5.    Adjacent to residential uses. The placement or location of signs must be placed in a manner so that internally illuminated or neon signs shall not directly face into an adjacent residential district unless the districts are separated by a right of way that is at least 60 feet in width.

6.    Shopping Center Electronic Development Identification Signs. Shopping Centers that have over four thousand (4,000) linear feet of street frontage along arterial and major collector streets and have over eight hundred thousand (800,000) square feet of enclosed commercial retail, entertainment, and dining space are allowed one electronic development identification sign up to twenty-five (25) feet in height with up to three hundred (300) square feet of copy area per side.

(Ord. 7288 §37, 2021; Ord. 7184 §2 (Exh. B), 2019).

Permanent Signs are permitted in the Residential Sign Zone, subject to the provisions below.

A.    Permanent sign regulations in Residential Sign Zone.

1.    Permanent signs in the residential sign zone are limited in their type, size, and placement.

2.    Permanent signs for approved non-residential uses, such as a place of worship or a school, and multifamily complexes are allowed.

B.    Permanent signs - Residential properties.

1.    Residential Subdivisions. One freestanding sign per street frontage which has a driveway entry into the subdivision, up to fifty (50) square feet in size (25) square feet per side if double sided).

2.    Home Occupations and Short-Term Rentals. On residential properties for which the City has issued a valid City business license for home occupation or short-term rental, one permanent sign is allowed pursuant to the following:

a.    The sign must be a wall sign placed on the facade of the primary structure; the sign message may be of a commercial or noncommercial nature.

b.    The maximum sign size shall not be greater than two square feet.

c.    Where a sign placed on the building’s facade cannot be seen from a public street due to the distance the building is setback from the street, the City may approve an alternative sign size, type, or location. Such review shall be on a case-by-case basis and balance the purpose of the zoning district with the needs of a home based business. In no case shall the sign exceed ten (10) square feet in size (five (5) square feet per side if freestanding and double-sided).

d.    The sign must appear to be a secondary feature of the building facade.

e.    The sign shall not project above the roof line of the exposed building face to which it is attached.

f.    The sign shall be installed to appear flush-mounted.

g.    Internal illumination is not allowed.

h.    A temporary Open sign may be displayed discretely in a window during business hours only.

C.    Permanent Signs – Nonresidential Uses. It is customary and common to have nonresidential uses in residential areas, such as schools, places of worship, daycare centers, public facilities such as fire stations or substations, and other similar uses. These uses are generally allowed by conditional use permit and are an important part of our community. These uses have signage needs that are different and distinct from residential uses. Signs may be permitted, as follows:

1.    Lighting. All signs, with the exception of the Public Service portion of signage, are encouraged to use indirect lighting for signage. Lighting shall be directed to the sign face and away from residential properties. The electronic portion of any public service sign for academic uses must be turned off between the hours of 9:00 p.m. and 6:00 a.m.

2.    Directional Signage. Uses that have more than one public entrance, such as schools with separate entrances for libraries, gymnasiums, theaters, the main office, and other uses that are most likely to experience visitors are encouraged to provide directional signage.

D.    Except as otherwise provided for in this chapter, temporary signs in the residential sign zone do not require sign permits and are allowed pursuant to the following regulations:

1.    Noncommercial. All temporary signs in the residential sign zone shall only display noncommercial copy, unless otherwise allowed (e.g. real estate, construction signs). For the purposes of this chapter, garage and yard sale signs are considered to be temporary and noncommercial signage.

2.    Sign Types – Construction – Materials. There is no restriction on the type of temporary sign (i.e., the sign construction or materials used) allowed on residential properties provided that all other regulations and provisions of this chapter are met.

3.    Quantity. There are no restrictions on the number of temporary signs allowed on private property in the residential sign zone.

4.    Size.

a.    Temporary Freestanding Signs. No temporary freestanding sign shall be greater than twelve (12) square feet in size, with no sign face exceeding six (6) square feet. The sign shall not exceed four (4) feet in height, as measured from the ground to the top of the sign.

b.    Building-Mounted Signs. Building-mounted temporary signs attached flush to the face of the building:

•    Shall not have a maximum height; provided, that no sign shall extend beyond the roofline of the building; and

•    In aggregate (i.e., the total of all building-mounted temporary signs) shall not cover more than twenty (20) percent of the building’s facade.

5.    Window Signs. Signs placed in or on windows shall, in aggregate, not exceed twenty-five (25) percent of the area of the window on which they are displayed.

6.    Yard/Lawn Signs. In accordance with standards outlined in Section 18.43.080.

7.    Garage Sale (Yard Sales, Moving Sales, Patio Sales). No sign permit or Temporary Sign Agreement is required. Such sign shall be limited to one (1) sign on the premises and three (3) offpremises signs. No such sign shall exceed four (4) square feet in sign area. The sign or signs may be displayed only during the sale and must be removed the day the sale ends. The person or persons for which the sign or signs are displayed shall be responsible for removal and/or is subject to the penalties as provided in this code. Any such signs placed in the right of way shall comply with the standards in Section E, below.

E.    Temporary Signs in Planter Strip. Temporary signs may be placed in the planter strip (the landscaped area between the curb and sidewalk) or unimproved right-of-way pursuant to the following:

1.    No more than three (3) temporary signs are allowed in the right of way per street frontage, per lot. For residential properties actively for sale or lease, one of the three (3) temporary signs may be a real estate sign.

2.    No temporary sign may be greater than four (4) feet in height above grade and is subject to the clear view sight triangle standards per Chapter 4 of the Engineering Design and Development Standards.

3.    Temporary signs in the right of way may only contain noncommercial messages and must meet the standards of Sections 18.43.060 and 18.43.085.

F.    Duration. Any temporary sign that is specific to an event shall be removed within five (5) days of the end of the event, unless otherwise stated in this chapter.

(Ord. 7289 §10, 2021; Ord. 7184 §2 (Exh. B), 2019).

A.    Master sign plans are allowed for uses that, by their nature, may need more permanent signage than permitted by the sign code. Examples include institutional uses in buildings with multiple public entrances, multiple access points from public streets to the site, and specific uses intended to use the various parking areas and building access points. Examples may include colleges and universities, hospitals and clinics, large governmental office complexes, and academic schools. In these cases, members of the public may visit the site infrequently (public meetings, out of town athletic competitors, emergency medical care or patient visitors) and would benefit from additional directional signage.

B.    Master sign plans for such uses can be proposed and should address:

•    Overall need

•    Signage types proposed

•    Signage locations proposed by various sign type

•    Visibility from streets and other public spaces

•    Lighting, whether internally illuminated or not

•    Sign theme/consistency across sign types

•    A statement about how the overall need was balanced with efforts to reduce sign clutter, preserve existing tree and vegetation areas, enhance aesthetics, address compatibility with structures, and the reduction of impacts to surrounding properties.

C.    A master sign plan shall be submitted with land use review when possible, however existing uses may apply for a master sign plan. Applications shall be submitted on forms provided by the department and be accompanied by the appropriate review fee.

D.    The City shall review master sign plans through a Land Use Review process as a Type II application pursuant to OMC 18.70.040, based on the following considerations:

1.    Response to the issues identified in subsection B, above.

2.    Tree canopy and tree size at maturity.

3.    Fire and building code requirements.

4.    Location of existing above and underground utilities, including stormwater infrastructure.

5.    Public health, safety, and welfare.

(Ord. 7364 §32, 2023; Ord. 7184 §2 (Exh. B), 2019).

A.    Except as otherwise provided, any sign which is non-conforming may not be structurally altered without being brought into compliance with the requirements of this Title (see OMC 18.02.180, Definitions, Signs, Abandoned and Non-Conforming and Section 18.73.010, Violations).

B.    Any non-conforming sign which is damaged or destroyed by fire, explosion, wind, act of nature, or other accidental means may be restored if the cost thereof does not exceed fifty percent (50%) of its replacement cost. Signs damaged in an amount in excess of fifty percent (50%) of replacement cost shall be removed.

C.    All non-conforming signs shall be kept in good repair and maintained in a neat, clean, attractive, and safe condition. (See also OMC 18.73.010, Violations.)

(Ord. 7184 §2 (Exh. B), 2019).

Violations. See OMC 18.73.010.

(Ord. 7184 §2 (Exh. B), 2019).

The purposes and intent of this chapter are to:

A.    Promote the safety and general welfare of the public by regulating the siting of antennas and wireless communication facilities, to the extent allowed to local governments under federal law.

B.    Minimize the impacts of antennas and wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility.

C.    Encourage the location and collocation of wireless communication facilities on existing structures, thereby a) minimizing new visual, aesthetic, and public safety impacts, b) minimizing effects upon the natural environment and wildlife, and c) reducing the need for additional antenna support structures.

D.    Accommodate the growing need and demand for wireless communication services.

E.    Encourage coordination between site suppliers and wireless communication services providers.

F.    Establish predictable and balanced codes governing the construction and location of wireless communications facilities, within the confines of permissible local regulations.

G.    Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time.

H.    Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.

I.    Emphasize concealed (stealth) technologies to protect the character of the City while meeting the demand for wireless communications services.

J.    Encourage the use of public lands, buildings, and structures as locations for wireless communication facilities, demonstrating concealed (stealth) technologies.

K.    Ensure consideration of and compatibility with the goals and objectives of the Comprehensive Plan for Olympia and the Olympia Growth Area.

(Ord. 6395 §1, 2006).

Except as provided in Section 18.44.060 (Exempt Installations) and Chapter 18.46 (Eligible Wireless Communication Facilities Modifications), this chapter shall apply to the development activities including installation, construction, or modification of the following antennas and wireless communications facilities:

A.    Existing antenna support structures.

B.    Proposed antenna support structures.

C.    Public antenna support structures.

D.    Replacement of existing antenna support structures.

E.    Collocation on existing antenna support structures.

F.    Attached wireless communications facilities.

G.    Concealed wireless communications facilities.

H.    AM/FM/TV/HDTV broadcasting transmission facilities.

I.    Satellite earth stations that are over one meter (39.37 inches) in diameter in all residential districts and over two meters (78.74 inches) in all other zoning districts.

(Ord. 7001 §2, 2016; Ord. 6395 §1, 2006).

The following items are exempt from the provisions of this chapter; notwithstanding any other provisions contained in Title 18 OMC, the Unified Development Code.

A.    Amateur radio operator antennas.

B.    Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential districts and two meters (78.74 inches) or less in all other zoning districts.

C.    Government-owned wireless communications facilities, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the City designee; except that such facilities must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency.

D.    Temporary, commercial wireless communications facilities, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City and approved by the City; except that such facilities must comply with all federal and state requirements. Said wireless communications facilities may be exempt from the provisions of this chapter up to three (3) months after the duration of the state of emergency.

E.    Routine maintenance and repair of existing wireless communication facilities.

F.    Additional base station equipment associated with approved transmission equipment and placed within an approved equipment compound, provided the height of the additional base station equipment does not extend above the screening fence.

(Ord. 7001 §3, 2016; Ord. 6395 §1, 2006).

A.    Siting of a wireless communications facility (WCF) (as herein defined) shall be in accordance with Section 18.44.090, Permitted Wireless Communications Facilities by Zoning District, and with the following siting alternatives hierarchy:

1.    Concealed Attached Wireless Communications Facility

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

2.    Collocated or Combined on Existing Antenna Support Structure Facility

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

3.    ROW-Attached Wireless Communications Facility Mounted on Utility Pole, Electricity Transmission Tower, or Light Post

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

4.    Concealed Freestanding Wireless Communications Facility

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

5.    Non-concealed Attached Wireless Communications Facility

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

6.    Non-concealed Freestanding Wireless Communications Facility

a.    On City-owned property or rights-of-way of the City so designated as City Property

b.    On other publicly-owned property or ROW

c.    On privately-owned property

B.    For attached, collocated or combined, or ROW attached WCFs, the order of ranking preference, highest to lowest, shall first be from 1a to 1c in alphabetical order, then likewise from 2a to 2c, 3a to 3c, and 5a to 5c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in the application requirements for wireless communications facilities including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

C.    Where a freestanding WCF is permitted, the order of ranking preference from highest to lowest shall first be from 4a to 4c in alphabetical order, then likewise from 6a to 6c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in the application requirements for wireless communications facilities including, but not limited to, the existing land uses of the subject and surrounding properties within 300 feet of the subject property, and an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility.

D.    This section shall not be interpreted to require applicants to locate on publicly owned sites when lease negotiation processes are prohibitively lengthy or expensive relative to those of the private sector. The applicant is considered justified in selecting a lower-ranked privately-owned property option if the local government fails to approve a memorandum of agreement or letter of intent to lease a specified publicly-owned site within one-hundred twenty (120) days of the application date, or if it is demonstrated that the proposed lease rate for the specified public-owned site significantly exceeds the market rate for comparable privately-owned sites.

(Ord. 7159 §2, 2018; Ord. 6395 §1, 2006).

A.    Generally: Table 44.01, Permitted Wireless Communication Facilities by Zoning District, identifies types of Wireless Communication Facilities which are permitted outright (P), subject to a Conditional Use Permit (C), or prohibited (N). Notwithstanding the provisions of Table 44.01, any Eligible Wireless Facilities Modification subject to Chapter 18.46 is permitted outright.

B.    Historic districts and properties: Table 44.01 also identifies types of Wireless Communications Facilities permitted outright (P), subject to a Conditional Use Permit (C), or prohibited (N) in National Historic Districts, or on local, state, or Federal historic register properties, depending on the Zoning District Group (as defined within Table 44.01) wherein the site is located.

*    Notwithstanding the provisions of Table 44.01, any Eligible Wireless Facilities Modification subject to Chapter 18.46 is permitted outright.

**    Small Cell Facilities attached to structures in the ROW are allowed as permitted uses except where listed as not permitted; provided such facilities shall have a Master Permit/Franchise approval per OMC Chapter 11.02 and have the approval of an administrative utility permit ensuring compliance with the Engineering Design and Development Standards (EDDS 2.060).

(Ord. 7159 §3, 2018; Ord. 7001 §4, 2016; Ord. 6395 §1, 2006).

A.    Generally.

1.    Applicability - Development Standards: Unless otherwise specified within this chapter, all development standards of the zoning district within which the WCF is located shall apply. Where permitted as provided in Sections 18.44.090 (Permitted Wireless Communications Facilities by Zoning District) and 18.44.080 (Siting Alternatives Hierarchy), the following development standards apply to all new, mitigated, collocated, or combined wireless facility installations. Where any critical areas (see Chapter 18.32), historic (see Chapter 18.12) or scenic view areas (see Section 18.110.060) or corridor plans also apply, the most restrictive standards shall govern.

2.    Equipment cabinets: Cabinets shall not be visible from public views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

3.    Fencing: All equipment compounds shall be enclosed with a sight-obscuring wood/brick/masonry fence or wall. Fencing shall be subject to the requirements of Subsection 18.40.060(C) Fences/Hedges, Unified Development Code.

4.    Buffers: Any WCF, located in any zone, that is proposed to be installed within three-hundred (300) feet of a neighborhood zone as categorized in Section 18.44.090 Permitted Wireless Communications Facilities by Zoning District shall be subject to the same Section 18.44.090 standards as if being located within a neighborhood zone.

5.    Landscaping Requirements: Antenna support structures and WCF equipment compounds shall be subject to the requirements of Chapter 18.36 Landscaping and Screening.

6.    Signage:

a.    The only signage that is permitted upon a non-concealed antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

b.    Where signs are otherwise permitted, a WCF may be concealed inside such signage, provided that all applicable standards for both the signage and the concealed WCF are met.

7.    Lighting:

a.    Lighting on WCFs, if required by the Federal Aviation Administration (FAA), shall not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA to minimize the potential attraction to migratory birds. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.

b.    Any security lighting for on-ground facilities and equipment shall be in compliance with Title 18 OMC, Unified Development Code.

c.    Ground lighting used to respectfully illuminate the American flag on a concealed WCF flagpole shall be permitted subject to Title 18 OMC, Unified Development Code.

8.    Compliance with federal standards for interference protection: Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection.

9.    Compliance with ANSI standards: In order to protect the public from excessive exposure to electromagnetic radiation, the WCF applicant shall certify through a written statement that the facility meets or exceeds current American National Standards Institute (ANSI) standards as adopted by the FCC.

10.    Abandonment:

a.    WCFs and the equipment compound shall be removed, at the owner’s expense, within one hundred eighty days (180) days of cessation of use, unless the abandonment is associated with a replacement antenna structure, in which case the removal shall occur within one hundred eighty days (180) days of the installation of the replacement antenna structure.

b.    An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The City may extend the time for removal or reactivation up to ninety (90) additional days upon a showing of good cause. If the antenna support structure or antenna is not removed in a timely fashion, the City may give notice that it will contract for removal within sixty (60) days following written notice to the owner. Thereafter, the City may cause removal of the antenna support structure with costs being borne by the current WCF or land owner.

c.    Upon removal of the WCF, the equipment compound and at ground foundations including two feet below ground level, the development area shall be returned to its natural state and topography and vegetation shall be consistent with the natural surroundings or consistent with the current use of the land at the time of removal. The cost of rehabilitation shall be borne by the current WCF or land owner.

B.    Attached Wireless Communication Facilities.

1.    Generally.

a.    Height: The top of the attached WCF shall not be more than eighteen (18) feet above the existing or proposed building or structure.

b.    Setbacks: An attached WCF and its equipment compound shall be subject to the setbacks of the underlying zoning district. Antennas may extend a maximum of twenty-four (24) inches into the setback. However no antenna or portion of any structure shall extend into any easement other than a utility easement.

c.    Least visually obtrusive profile: Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. New antennas shall use the least visually obtrusive profile that will meet the network objectives of the desired coverage area. The visual obtrusiveness of the profile of an unobtrusive antenna or antenna array is ranked from least to most obtrusive as follows:

i.    Flush-mounted antenna or antenna array

ii.    Unconcealed single omni-directional (whip) antenna

2.    Attached non-concealed WCFs.

a.    Allowable locations: Shall only be allowed on a building, on existing non-concealed antenna support structures and, where the applicant has an agreement with the applicable utility or other authority that exercises jurisdiction over the subject right of way, on electrical distribution poles, transmission towers, and existing ball park light poles, greater than fifty (50) feet in height, subject to approval of the designated staff or other appropriate agency designee and/or the utility company.

b.    Equipment compound or cabinets: Equipment compounds or cabinets for WCFs under this subsection shall be designed and located in such a manner as to not interfere with the subject right of way or its primary utilization.

3.    ROW attached structures.

a.    Allowable locations: Proposed facilities shall only be allowed where the applicant has an agreement with the applicable utility or other authority that exercises jurisdiction over the subject right of way, on existing or replacement utility poles and electricity towers greater than fifty (50) feet in height. In addition, small cell facilities are also allowed on light poles and existing or replacement utility poles less than fifty (50) feet in height. Location of proposed facilities are subject to approval of the designated staff or other appropriate agency designee and/or the utility company.

b.    Equipment compound or cabinets: Equipment compounds or cabinets for WCFs under this subsection shall be designed, located, and screened or concealed in such a manner as to not interfere with the subject right of way or its primary utilization. Depending on site conditions, the review authority may require placement in an underground vault to provide for traffic safety, pedestrian access, or other right-of-way utilization requirements.

C.    Freestanding Wireless Communication Facilities.

1.    Generally.

a.    Determination of need: No new or mitigated freestanding WCF shall be permitted unless the applicant demonstrates that no existing structure can reasonably accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search ring to be served by the proposed antenna support structure.

b.    Designed for concealed collocation: All new or mitigated freestanding WCF shall be designed for maximum collocation installations.

c.    Designed for non-concealed collocation: All new or mitigated freestanding WCFs up to 80 feet in height shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCFs between eighty-one (81) feet and one hundred twenty (120) feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays.

d.    Least visually obtrusive profile: New freestanding antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding WCFs shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture. New antennas shall use the least visually obtrusive profile that will meet the network objectives of the desired coverage area. See Section 18.44.100(B)(1)(c) for ranking of obtrusiveness of visual profiles.

e.    Grading: Grading shall be minimized and limited only to the area necessary for the new WCF as approved by the Department of Community Planning and Development.

f.    Safety: All support structures shall be certified to comply with the safety standards contained in the Electronics Industries Association /Telecommunications Industries Association (EIA/TIA) document 222-F, or current standard, "Structural Standards for Steel Antenna Towers and Supporting Structures," or current standard, as amended, by a Registered State of Washington Professional Engineer.

2.    Freestanding concealed WCFs.

a.    Height:

i.    In all zoning districts where permitted, the maximum height shall be limited to one hundred twenty (120) feet.

ii.    All height limits shall exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

b.    Setbacks: A concealed freestanding WCF and its equipment compound shall be subject to the setbacks of the zoning district and shall not be any closer to an adjoining property line than the proposed facility is to any dwelling unit on the property on which it is proposed to be located.

3.    Freestanding non-concealed WCFs.

a.    Antenna support structure: Freestanding non-concealed WCFs shall be limited to either a lattice type or a monopole type antenna support structures unless the applicant successfully demonstrates that such design is not feasible to accommodate the intended uses.

b.    Height:

i.    In all zoning districts where permitted, the maximum height shall be limited to one hundred twenty (120) feet.

ii.    All height limits shall exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

c.    Setbacks: A non-concealed freestanding WCF and its equipment compound shall be subject to the regulations applicable to the underlying zoning district, except where the minimum setback distance for an antenna support structure from any property line or public right-of-way is less than the height of the proposed antenna support structure. In that case:

i.    If the antenna support structure has been constructed using breakpoint design technology as defined in Section 18.02.180 Definitions, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, plus the minimum setback distance. For example, on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum setback for that zoning district. Certification by a Registered Professional Engineer licensed by the State of Washington of the breakpoint design and the design’s fall radius must be provided together with the other information required herein from an applicant.

ii.    If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed antenna support structure.

iii.    However, in all instances, the minimum setback distance from any residentially zoned property, shall at least meet the minimum setback of said residential zoning district.

d.    Least visually obtrusive profile:

i.    New antenna support structures shall maintain a galvanized gray finish or other approved contextual or compatible color, except as required by federal rules or regulations.

ii.    New antennas shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

4.    Mitigation of existing freestanding WCFs.

a.    Determination of need: WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCFs, replace an existing WCF with one that is less visually obtrusive, or replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this ordinance.

b.    Height: The height of a WCF approved for mitigation shall not exceed one hundred and fifteen (115) percent of the height of the tallest WCF that is being mitigated up to a maximum of one hundred twenty (120) feet.

c.    Setbacks: A new WCF approved for mitigation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its equipment compound are no closer to any property lines than the WCF and equipment compound being mitigated. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.

d.    Buffers: The proposed WCF equipment compound shall be landscaped as outlined in Paragraph 18.44.100(1)(e) herein.

e.    Least visually obtrusive profile: Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots. New antennas shall use the least visually obtrusive profile that will meet the network objectives of the desired coverage area. See Paragraph 18.44.110(2)(a)(iii) for ranking of obtrusiveness of visual profiles.

D.    Collocated or Combined Facilities.

1.    Generally.

a.    Buffers: The proposed WCF equipment compound shall be landscaped as outlined in Paragraph 18.44.100(1)(e) herein.

b.    Height: A collocated or combined WCF shall not increase the height of an existing antenna support structure by more than twenty (20) feet, and not to exceed forty-five (45) feet above the allowable building height or a total of one hundred twenty (120) feet, whichever is less.

c.    Setbacks:

i.    A collocated or combined WCF, its equipment compound, and any ancillary equipment shall be subject to the setbacks of the underlying zoning district.

ii.    When a collocated or combined WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

d.    Visibility: New antennas shall be flush-mounted onto existing WCFs, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

E.    Satellite Earth Stations.

1.    Residential installations. The following provisions apply to satellite earth stations with dish antennas greater than one meter (39.37 inches) in diameter serving single family and multifamily structures with four (4) or less units. Satellite earth stations serving more users are classified as commercial installations, and are subject to Section (2) below. [NOTE: satellite earth stations may require a building permit depending on location and placement.]

a.    Conditions. Residential satellite earth stations are permitted uses in all districts subject to the following conditions and all other applicable requirements.

i.    Satellite earth stations shall be placed in the area bounded by side yard setback lines, the rear wall line of the primary structure and a line four (4) feet inside the lot measured from the rear property line.

ii.    Satellite earth stations permitted under this section shall be restricted to those of mesh type construction, or of solid construction when smaller than eight and one-half (8-1/2) feet in diameter, and should blend as much as possible with the background.

iii.    Permitted satellite earth stations shall not exceed a height of fifteen (15) feet above the average grade.

b.    Variance Standards. Variances from the location and material construction standards of this section shall be reviewed by the Hearing Examiner in accord with Chapter 18.66 (Variances and Unusual Uses) and shall also be subject to the following requirements:

i.    The satellite earth station shall be located on the portion of the site where it will be the least visually obtrusive when viewed from adjacent streets and neighboring properties.

ii.    Antennas may be required to be screened with a combination of fencing, landscaping, structures or topography which will block the view of the antenna as much as practicable from adjoining property and rights-of-way. Such screening shall be solid (ninety (90) percent or more opaque) to the level of the center of the dish.

2.    Commercial installations. Satellite earth stations used in conjunction with commercial, nonresidential uses, and multifamily housing with five (5) or more units are subject to the following requirements:

a.    Roof-mounted satellite earth stations shall be located so as to be visually unobtrusive. Antennas over twelve (12) feet in diameter shall be screened to a height of three (3) feet above ground level or the center of the dish, whichever is greater. The design and material composition of the screening shall be compatible with the building design.

b.    Satellite earth stations placed on buildings listed on the National or State Register of Historic Places or the Olympia Heritage Register shall not be visible from fronting or flanking streets.

c.    Ground-mounted satellite earth stations shall be located in service areas outside of any required landscaping or front and side yard setback area. Additionally, satellite earth stations shall not be placed in the area between the front setback line and the structure. Screening shall be provided with a combination of fencing, landscaping, structures or topography. The screening shall block the lower (90) percent of the antenna, or reach a height of eight (8) feet, whichever is less. Whenever possible, satellite earth stations shall not be visible from neighboring residential areas.

d.    No message or identification other than the manufacturer’s identification is allowed to be portrayed on satellite earth stations and such identification shall not exceed ten (10) percent of the antenna’s surface area.

F.    Radio, Television, and Other Communication Towers, Except Wireless Communication Facilities.

1.    Essential Public Facilities. Radio, television, and other communication towers shall meet the requirements of Sections 18.04.060(W).

2.    Conditional Use Requirements. The following requirements apply to all radio, television, and other communication towers subject to conditional use approval, except wireless communication facilities.

a.    Plans. The applicant shall submit complete plans showing the elevations and locations of the buildings and structures, together with locations of buildings and pertinent topographic features and adjoining properties. Approval of such plans shall be contingent upon compatibility with surrounding properties.

b.    Nuisances. Rotary converters, generating machinery, or other equipment that would cause noise, electrical interference or similar disturbances beyond the property line are prohibited.

c.    Storage. Outdoor storage of motor vehicles or materials is prohibited.

d.    Screening. The site shall be screened; however, if the facility is entirely enclosed within a building, landscaping is sufficient. (See Chapter 18.36, Landscaping and Screening.)

(Ord. 7159 §4, 2018; Ord. 6395 §1, 2006).

All approvals are subject to the review processes outlined in Title 18 OMC, Unified Development Code. Additionally, in accordance with Table 44.01 in Section 18.44.090 Permitted Wireless Communications Facilities by Zoning District, the following approval process shall apply:

A.    New WCFs and Antenna Element Replacements Not Subject to Chapter 18.46 (Eligible Wireless Communication Facilities Modifications).

1.    Any application submitted pursuant to this section shall be reviewed by City staff for completeness. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant in writing within twenty (20) business days after submittal of an application regarding the completeness of the application. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application, which the applicant must correct and/or submit in order for the application to be deemed complete.

2.    Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the City in writing as to whether or not the potential collocation or combining is acceptable and under what conditions. If the collocation or combining is not acceptable, then the applicant must provide the respondent and the City written justification as to why the collocation or combining is not feasible.

B.    Supplemental Review. The City reserves the right to require a supplemental review for any type of WCF, subject to the following:

1.    Due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the City will require a technical review by a third party expert approved by the City, the costs of which shall be borne by the applicant and be in addition to other applicable fees.

2.    The applicant shall submit the required fee as published in the City’s current fee schedule.

3.    Based on the results of the expert review, the approving authority may require changes to the applicant’s application or submittals.

4.    The supplemental review may address any or all of the following:

a.    The accuracy and completeness of the application and accompanying documentation.

b.    The applicability of analysis techniques and methodologies.

c.    The validity of conclusions reached.

d.    Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in this Chapter.

e.    Other items deemed by the City to be relevant to determining whether a proposed wireless communications facility complies with the provisions of the Olympia Municipal Code.

C.    Post Construction Field Testing. Within thirty days of becoming fully operational, all facilities shall be field tested by a third party reviewer, at the applicant’s expense, to confirm the theoretical computations of RF emissions.

(Ord. 7001 §4, 2016; Ord. 6395 §1, 2006).

Whenever the City has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken:

A.    The City shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the City and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time.

B.    If any WCF owner fails to cooperate with the City in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the City public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within twenty-four (24) hours of the City’s notification.

(Ord. 6395 §1, 2006).

This Chapter shall be known and referred to as the “Eligible Wireless Communication Facilities Modification Code”.

(Ord. 7001 §1, 2016).

The recitals set forth in the ordinance adopting this code are adopted as findings and conclusions of the City Council.

(Ord. 7001 §1, 2016).

The purpose and intent of this Chapter is to:

A.    To implement § 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. § 1455(a)), as interpreted by the Federal Communications Commission’s Acceleration of Broadband Deployment Report and Order (“FCC Eligible Existing Wireless Facilities Request Rules”), which requires the City to approve any eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station;

B.    To establish procedural requirements and substantive criteria applicable to review and approval or denial of applications for an eligible facilities modification;

C.    To exempt facilities modifications approved under this chapter as eligible facilities requests from zoning and development regulations that are inconsistent with or preempted by Section 6409 of the Spectrum Act;

D.    To preserve the City’s right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety;

E.    To promote timely decisions under this chapter;

F.    To ensure that decisions are made consistently and predictably;

G.    To incorporate provisions of RCW 43.21C.0384 that exempt eligible facilities modifications from review under RCW 43.21C.030(2)(c), (State Environmental Policy Act);

(Ord. 7001 §1, 2016).

For the purposes of this Chapter, the terms used have the following meanings. Where the same term is also defined in OMC 18.02.180, the definitions below shall control for the application of this chapter.

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation:

a.    Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.    Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems (“DAS”) and small-cell networks).

c.    Any structure other than a tower that, at the time the eligible facilities modification application is filed with the city under this chapter, supports or houses equipment described in paragraphs (a) – (b) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

d.    The term does not include any structure that, at the time the eligible facilities modification application is filed with the city under this chapter, does not support or house equipment described in (a) – (b) of this section.

Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Eligible Facilities Modification. Any proposed modification of an existing eligible support structure that does not substantially change the physical dimensions of that eligible support structure which the applicant asserts is subject to review under Section 6409 of the Spectrum Act, and which involves:

a.    Collocation of new transmission equipment;

b.    Removal of transmission equipment; or

c.    Replacement of transmission equipment.

Eligible support structure. Any tower or base station as defined in this chapter, provided that it is existing at the time the eligible facilities modification application is filed with the City under this chapter.

Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process of the City, or under another State, county or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this chapter.

Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Spectrum Act. The “Middle Class Tax Relief and Job Creation Act of 2012” (Public Law 112-96; codified at 47 U.S.C. § 1455(a)).

Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a.    For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;

b.    For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c.    For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

d.    It entails any excavation or deployment outside the current site;

e.    It would defeat the concealment elements of the eligible support structure; or

f.    It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (a) – (d) of this section.

g.    For purposes of this section, changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Transmission Equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(Ord. 7001 §1, 2016).

A.    Part of Permit Application. In the event that any part of an application to the City for project permit approval includes a proposed eligible facilities modification, the proposed eligible facilities modification portion of the application shall be reviewed under the provisions of this chapter.

B.    Non-Assertion of Applicability. In the event that an application for project permit approval includes a proposal to modify an eligible support structure, and the applicant does not assert in the application that the proposal is subject to review under Section 6409 of the Spectrum Act, such proposal shall not be subject to review under this Chapter and may be subject to review under Olympia Municipal Code Chapter 18.44 among other provisions of the City Code.

C.    Non-conforming Structures. This chapter shall not apply to a proposed eligible facilities modification to an eligible support structure that is not a legal conforming, or legal non-conforming, structure at the time a completed eligible facilities modification application is filed with the City. To the extent that the non-conforming structures and use provisions of the City code would operate to prohibit or condition approval of a proposed eligible facilities modification application otherwise allowed under this chapter, such provisions are superseded by the provisions of this chapter and shall not apply.

D.    Replacement of Eligible Support Structure. This chapter shall not apply to a proposed eligible facilities modification to an eligible support structure that will involve replacement of the tower or base station. Such proposed modification will be subject to OMC 18.44.

E.    First Deployment; Base Station. This chapter shall not apply to a proposed eligible facilities modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed to the structure.

F.    SEPA Review. Unless otherwise provided by law or regulation, decisions pertaining to an eligible facilities modification application are not subject to, and are exempt from, the requirements of RCW 43.21C.030(2)(c) under RCW 43.21C.0384. The authority to condition or deny an application pursuant to Chapter 43.21 RCW is preempted, or otherwise supplanted, by Section 6409 of the Spectrum Act.

G.    Building Permit. The City will process, review, and issue a decision regarding a building permit for the facility modification concurrent with the eligible facilities modification permit described herein.

H.    Reservation of Authority. Nothing herein is intended or shall operate to waive or limit the City’s right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

(Ord. 7001 §1, 2016).

A.    Application. The department shall prepare and make publicly available an application form which shall require the information necessary for the department to consider whether an application is an Eligible Facilities Modification request.

B.    Type of Review. Upon receipt of an application for an Eligible Facilities Modification pursuant to this Chapter, the department shall review such application to determine whether the application is complete and qualifies as an Eligible Facilities Modification application. No presubmission conference is required prior to submittal.

C.    Timeframe for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this Chapter, less any time period that may be excluded under (d) of this section, the director shall approve the application unless the director determines that the application is not covered by this Chapter.

D.    Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed with the department, and may be tolled only by mutual agreement by the department and the applicant, or in cases where the director determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

1.    To toll the timeframe for incompleteness, the director must provide written notice to the applicant within 20 days of receipt of the application, specifically delineating all missing documents or information required in the application.

2.    The timeframe for review begins running again when the City receives the applicant’s supplemental submission in response to the director’s notice of incompleteness.

3.    Following a supplemental submission, the director will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (D) of this section. Except as may be otherwise agreed by the applicant and the director, second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

E.    Failure to Act. In the event the department fails to approve or deny a request seeking approval under this Chapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(Ord. 7001 §1, 2016).