"Emergency Housing Facility" means temporary emergency housing that may include tents and small structures organized and managed as temporary accommodations for homeless people, and may be hosted by a faith-based organization, not-for-profit organization, or a unit of government.

For purposes of this section, a "not-for-profit" shall mean an organization duly incorporated in the State of Washington and recognized by the Internal Revenue Service as an IRC 501 (c)(3) charitable organization.

(Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).

Emergency Housing Facilities. "Host Agency" means a faith-based organization, or a not-for-profit organization, or a unit of government which owns or controls the property or has an ownership interest in the property that is the subject of an application for an Emergency Housing Facility Permit for providing basic services and support to temporary Emergency Housing Facility residents, such as hot meals and coordination of other needed donations and services.

Ownership interest shall include an interest by recorded title or by fully executed lease of the subject property.

(Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).

"Sponsoring Agency" means the Host Agency or another agency that assists the Host Agency and that joins in an application with a Host Agency for an Emergency Housing Facility Permit and assumes responsibility for providing basic services and support to Emergency Housing Facility residents, such as hot meals, social services, sanitation, hygiene, storage of belongings, trash and refuse collection, and coordination of other needed donations and services.

(Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).

Emergency Housing Facility. Emergency Housing Facilities shall be permitted as an accommodation of faith-based exercise by a Host Agency and Sponsoring Agency, or by a unit of government, or by a not-for-profit organization. Each Host Agency and Sponsoring Agency shall jointly apply for a permit under this Section and shall jointly certify compliance with all applicable requirements for approval and conditions of this Chapter and the application.

(Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).

A.    Emergency Housing Facility. A Permit for an Emergency Housing Facility is an administrative decision. In addition to the requirements for administrative decisions found elsewhere in the Olympia Municipal Code, the following procedures apply:

1.    Advance Notice Required. The Host Agency and Sponsoring Agency shall notify the City of the proposed Emergency Housing Facility a minimum of thirty (30) days in advance of the proposed date of establishment for the Emergency Housing Facility. The advance notification shall be in the form of an application for a Permit for an Emergency Housing Facility and shall contain the following information:

a.    The date the Emergency Housing Facility will commence;

b.    The length of time the Emergency Housing Facility will continue;

c.    The maximum number of residents proposed for the Emergency Housing Facility;

d.    The host location;

e.    The names of the Host and Sponsoring Agencies; and

f.    The manner in which the Emergency Housing Facility will comply with the requirements of this Chapter.

2.    Informational Meeting Required. The Host Agency and/or Sponsoring Agency shall conduct at least one (1) informational meeting within, or as close to, the location where the proposed Emergency Housing Facility will be located, a minimum of two (2) weeks prior to the issuance of the temporary use permit. The time and location of the meeting shall be agreed upon between the City and the Host Agency and/or Sponsoring Agency. All property owners within five hundred (500) feet of the proposed Emergency Housing Facility shall be notified by mail ten (10) days in advance of the meeting. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within five hundred (500) feet of the proposed Emergency Housing Facility.

3.    Signs Required. The applicant shall also provide notice of the application within the same timeframe identified above by posting two signs or placards on the site or in a location immediately adjacent to the site that provides visibility of the signs to motorists using adjacent streets. The Director of Community Planning and Development or the Director of Community Planning and Development’s designee shall establish standards for size, color, layout, design, working, placement, and timing of installation and removal of the signs or placards.

(Ord. 7187 §3, 2019; Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6528 §1, 2008).

The Director of the Community Planning and Development Department (“Director”) or the Director’s designee may issue a temporary and revocable permit for an Emergency Housing Facility subject to the following criteria and requirements.

A.    Site Criteria.

1.    Emergency Housing Facility.

a.    If the Sponsoring Agency is not the Host Agency of the site, the Sponsoring Agency shall submit a written agreement from the Host Agency allowing the Emergency Housing Facility, or from the owner of the property, and clarifying the obligations of the Sponsoring Agency.

b.    The property must be sufficient in size to accommodate the temporary housing and necessary on-site facilities, including, but not limited to the following:

i.    Sanitary portable toilets in the number required to meet capacity guidelines for the population of the Emergency Housing Facility;

ii.    Hand washing stations by the toilets and by the food areas;

iii.    Refuse receptacles for trash, recycling and garbage; and

iv.    Storage of personal belongings.

c.    The Host and Sponsoring Agencies shall provide an adequate potable water source to the Emergency Housing Facility, as approved by the City.

d.    No Emergency Housing Facility shall be located within a Sensitive/Critical Area or its buffer as defined under OMC Chapter 18.32 except on existing paved or gravel sites.

e.    No permanent structures will be constructed for the Emergency Housing Facility.

f.    No more than forty (40) residents shall be allowed at any one Emergency Housing Facility. The City may further limit the number of residents as site conditions dictate.

g.    Adequate on-site parking shall be provided for the Emergency Housing Facility, as determined by the City upon review of the application. The number of vehicles used by the Emergency Housing Facility residents and the location where they may park shall be provided in the permit application. No off-site parking will be allowed.

h.    The Emergency Housing Facility shall be located within a quarter (1/4) mile of a bus stop with seven (7) days per week service, whenever possible. If not located within a quarter (1/4) mile of a bus stop, the Host or Sponsoring Agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

i.    Portable toilets shall be placed to minimize odor impacts to adjacent properties.

j.    At the time of the City’s approval, there shall be no other approved Emergency Housing Facilities located within one thousand (1,000) feet of the approved temporary Emergency Housing Facility site. Approved Emergency Housing Facilities must be separated by a buffer of at least one thousand (1,000) feet under this Chapter.

B.    Security.

1.    Emergency Housing Facility.

a.    An operations and security plan for the Emergency Housing Facility shall be submitted to the City at the time of application. The security plan shall address potential security and neighborhood impacts within five hundred (500) feet of the temporary Emergency Housing Facility site.

b.    The Host Agency shall provide to all residents of the Emergency Housing Facility a Code of Conduct for living at the Emergency Housing Facility. A copy of the Code of Conduct shall be submitted to the City at the time of application and shall be in substantially the following form or address the following issues:

i.    Possession or use of illegal drugs is prohibited.

ii.    Violence against staff or residents of the Emergency Housing Facility is prohibited.

iii.    Any open flames are prohibited.

iv.    Trespassing on private property in the surrounding neighborhood is prohibited.

v.    Littering on the Emergency Housing Facility site or in the surrounding neighborhood is prohibited.

vi.    Noise or music in excess of the limits set forth in OMC 18.40.080 is prohibited.

Nothing in this Section shall prohibit the Host Agency, Sponsoring Agency or an Emergency Housing Facility Manager from imposing and enforcing additional Code of Conduct conditions not otherwise inconsistent with this Section.

c.    All Emergency Housing Facility residents must sign an agreement to abide by the Code of Conduct and failure to do so may result in the noncompliant resident’s immediate expulsion from the property.

d.    The Host or Sponsoring Agency shall keep a log of all people who stay overnight in the Emergency Housing Facility, including names, dates of birth, and dates of stay in the Emergency Housing Facility. Logs shall be kept and retained for a minimum of six (6) months.

e.    The Host or Sponsoring Agency shall take all reasonable and legal steps to obtain verifiable identification such as a driver’s license, government-issued identification card, military identification, passport, or other reasonable forms of identification from prospective and existing Emergency Housing Facility residents.

f.    The Host or Sponsoring Agency will use identification received from prospective and existing Emergency Housing Facility residents to obtain sex offender and felony warrant checks from the Washington State Patrol, the Thurston County Sheriff’s Office or the Olympia Police Department.

i.    If the felony warrant and sex offender checks reveal either (1) an existing or outstanding felony warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (2) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then the Host or Sponsoring Agency may reject the subject of the check for residency in the Emergency Housing Facility or may eject the subject of the check if that person is already an Emergency Housing Facility resident.

ii.    The Host or Sponsoring Agency shall immediately contact the Olympia Police Department if the reason for rejection or ejection of an individual from the Emergency Housing Facility is an active felony warrant. In other cases of rejection or ejection, the designated representative of the Host or Sponsoring Agency may immediately contact the Olympia Police Department, the Thurston County Sheriff’s Office, or the Washington State Patrol.

g.    The Host or Sponsoring Agency shall self-manage its residents and prohibit illegal drugs, violence, and abuse of any kind, littering, or noise disturbances of other residents or adjacent neighbors while located on the Emergency Housing Facility property.

h.    The Host or Sponsoring Agency will appoint a designated representative(s) to serve "on-duty" as an Encampment Manager at all times as a point of contact for the Olympia Police Department. The name and contact information of the on-duty designated representative(s) will be provided to the City with the application.

C.    Timing.

1.    The duration of an Emergency Housing Facility shall be for three hundred and sixty-five (365) days. Two (2) one-year permit extensions may be granted by the Director upon submittal of a letter from the Host Agency requesting said extension. After two (2) consecutive permit extensions have been granted, a new temporary use permit under this Chapter shall be required.

2.    The site may be approved for a duration longer than three hundred and sixty-five (365) days with two (2) one-year permit extensions upon submittal of a conditional use permit to be reviewed and approved by the Olympia Hearing Examiner pursuant to OMC 18.70.180. The conditional use permit shall demonstrate consistency with this Chapter and the rest of OMC Title 18. The length of time of the approved use shall be determined by the Olympia Hearing Examiner.

D.    Health and Safety.

1.    Emergency Housing Facility. The Emergency Housing Facility shall conform to the following fire requirements:

a.    There shall be no open fires. Cooking fires shall only be by pre-approval by the Olympia Fire Department;

b.    No heating appliances within the individual housing units are allowed without pre-approval by the Olympia Fire Department;

c.    No cooking appliances, other than microwave appliances, are allowed in individual housing units;

d.    An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Olympia Fire Department;

e.    Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Olympia Fire Department;

f.    Adequate separation aisles of six feet (6') shall be maintained for gurney and firefighter access and six feet (6') separation shall be maintained from fences and property lines. Separation between individual units on the site shall be determined on a site specific visit by the Olympia Building and Fire Departments;

g.    Electrical service shall be in accordance with recognized and accepted practice and codes.

h.    There shall be an address associated to the Emergency Housing Facility site for emergency reporting and response. The address shall be posted and readily visible on approach;

i.    The Emergency Housing Facility site shall remain clear of physical, environmental, biological, or medical waste that could be a health hazard to residents and emergency responders; and

j.    There shall be no smoking inside of housing units.

2.    The Host Agency and Sponsoring Agency shall permit inspections by City staff and the Thurston County Health Department at reasonable times without prior notice of compliance with the conditions of the Emergency Housing Facility Permit.

E.    Director’s Decision.

1.    Emergency Housing Facility.

a.    Purpose. The Director shall review the proposal to ensure compliance with the provisions of this Chapter and all other applicable laws to ensure that the health, safety and welfare of the citizens of the City is preserved, and to provide an expedient and reasonable land use review process for decisions and interpretations of this Chapter.

b.    Director Authority. The Director may modify the submittal requirements as deemed appropriate.

c.    Notice of Decision. The Director shall notify the Sponsoring and Host Agencies of the Director’s decision to approve, modify or deny the application within a timely manner, but not prior to fourteen (14) days after the neighborhood informational meeting. The Director’s decision is a final decision of the City. Appeals of decisions to approve or deny an Emergency Housing Facility Permit shall be to Thurston County Superior Court.

F.    Emergency Housing Facility Permit Termination. If the Host Agency or Sponsoring Agency fails to take action against a resident who violates the terms and conditions of its permit, it may result in immediate termination of the permit issued to the Host Agency or Sponsoring Agency. If the City learns of acts of violence by residents of the Emergency Housing Facility and the Host Agency or Sponsoring Agency has not adequately addressed the situation to protect residents, the temporary use permit may be immediately terminated.

G.    Emergency Housing Facility Permit Revocation. Upon determination that there has been a violation of any approval criteria or condition of application, the Director of Community Planning and Development or the Director of Community Planning and Development’s designee, may give written notice to the permit holder describing the alleged violation. Within fourteen (14) days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the fourteen (14) day period, the Director of Community Planning and Development or the Director of Community Planning and Development’s designee, shall sustain or revoke the permit. When an Emergency Housing Facility Permit is revoked, the Director of Community Planning and Development or the Director of Community Planning and Development’s designee shall notify the permit holder by first class and certified mail of the revocation and the findings upon which revocation is based. Appeals from the Director’s decision to revoke a temporary Emergency Housing Facility permit shall be to Thurston County Superior Court.

H.    Public Health Emergency Waiver. Upon adoption of an ordinance by the Olympia City Council declaring a public health emergency, the requirements of this Chapter may be waived by the Director or the Director’s designee for faith-based organizations, not-for-profit organizations and units of government. Any waiver of the requirements of this Chapter shall be for a period not to exceed six (6) months, except when the Council finds a public health emergency continues to exist after holding a public hearing, then the requirements of this Chapter may be waived for an additional six (6) month period. Further waivers of this Chapter’s requirements shall only occur after Council holds a public hearing and finds that the public health emergency is continuing.

(Ord. 7187 §3, 2019; Ord. 7162 §1, 2018; Ord. 7158 §1, 2018; Ord. 7142 §1, 2018; Ord. 6771 §3, 2011; Ord. 6763 § 1, 2011; Ord. 6528 §1, 2008).

The City Council finds that nothing in this chapter 18.51 OMC shall be construed to supersede Washington State or federal law pertaining to the acquisition, possession, manufacture, sale or use of marijuana.

(Ord. 7046 §1, 2016; Ord. 6930 §1, 2014).

The purpose of these regulations of state-licensed marijuana producers, processors, and retailers is to mitigate potential impacts on nearby properties of marijuana producers, processors, or retailers licensed or to be licensed by the State of Washington Liquor and Cannabis Board and to promote the public health, safety, and welfare.

(Ord. 7046 §1, 2016; Ord. 6930 §1, 2014).

A.    “Marijuana” shall have the definition as provided in RCW 69.50.101 (v) as it currently states or as may be amended.

B.    “Marijuana processor” shall have the definition as provided in RCW 69.50.101 (x) as it currently states or as may be amended.

C.    “Marijuana producer” shall have the definition as provided in RCW 69.50.101 (y) as it currently states or as may be amended.

D.    “Marijuana retailer” shall have the definition as provided in RCW 69.50.101 (bb) as it currently states or as may be amended.

(Ord. 7046 §1, 2016; Ord. 6930 §1, 2014).

A.    General requirements.

A marijuana producer, processor, or retailer licensed by the State of Washington Liquor and Cannabis Board shall be required to comply with all applicable regulations established by the City including, but not limited to, all building and fire code regulations and zoning regulations and shall be required to provide a copy of the state-issued license to the City upon request. A marijuana producer, processor, or retailer licensed by the State of Washington Liquor Control Board shall also be required to comply with all applicable state regulations and all requirements set forth in the state-issued license.

B.    Premises Requirements.

A recreational producer, processor, or retailer must operate in compliance with the following conditions:

1.    From a public right-of-way, there shall be no exterior display of marijuana or marijuana cultivation visible outside of the premises.

2.    The marijuana of a retailer, producer, or processor shall be entirely within a permanent enclosed structure with a roof. The structure shall comply with all applicable code requirements.

3.    Areas where marijuana is grown, stored, or dispensed must be provided with ventilation systems so that no odors are detectable off the premises.

4.    All premises must comply with the noise control requirements of the Olympia Municipal Code.

5.    No minors shall be permitted on marijuana producer, processor, or retailer premises unless accompanied by a parent or guardian.

6.    Consumption of marijuana, products containing marijuana or alcohol on the premises is prohibited, as are any other associated uses such as a smoking room, dance or performance space, private club, open-to-the-public nightclub, cabaret, tavern, or similar establishment.

7.    All premises must have an operating security and alarm system that is monitored twenty-four (24) hours a day and that includes a video recording system that monitors production, storage, and point of sale areas. All video recordings must be continuously recorded twenty-four (24) hours a day and must be kept for a minimum of forty-five (45) days on the licensee’s recording device. All videos are subject to inspection by the Olympia Police Department upon request.

8.    A recreational retailer may be open only between the hours of 8 a.m. and 12:00 a.m. or as otherwise permitted by rule or regulation of the Washington State Liquor and Cannabis Board.

C.    City Zoning

1.    State-Licensed Marijuana Retailers

i.    No person may conduct business within the City of Olympia as a state-licensed marijuana retailer unless they are located within a HCD3, HDC4, MS or GC Zone in accordance with OMC Title 18, Unified Development Code and licensed under this chapter.

ii.    No state-licensed marijuana retailer shall be permitted within five hundred (500) feet of the perimeter of the grounds of a recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one (21) years or older, with the exception of the elementary schools, secondary schools, and playgrounds, for which uses the distance shall remain at one thousand (1,000) feet.

iii.    Waste products must be disposed of in a secure manner that would prevent exposure to the public or create a nuisance.

iv.    A retailer is required to obtain a conditional use permit approved by the Hearing Examiner pursuant to OMC 18.70.180.

2.    State-Licensed Marijuana Producers and Processors

v.    No person may conduct business within the City of Olympia as a state-licensed marijuana producer or processor unless it is located within a light industrial zone in accordance with OMC Title 18, Unified Development Code, and licensed under this chapter.

vi.    Waste products must be disposed of in a secure manner that would prevent exposure to the public or create a nuisance.

vii.    A producer and/or processor is required to obtain a conditional use permit.

(Ord. 7254 §1, 2020; Ord. 7046 §1, 2016; Ord. 6930 §1, 2014).

Pursuant to RCW 36.70B.170, the City may enter into a written development agreement with a person having ownership or control of real property within its jurisdiction. The execution of a development agreement is a proper exercise of City police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement must be consistent with applicable development regulations. A development agreement must reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

A development agreement must set forth the duration of the agreement, the development standards and other provisions that apply to and govern and vest the development, the land use or development description, and any mitigation of the development of the real property. Any person intending to propose a development agreement shall first meet with the Director of Community Planning and Development, or the Director’s designee, for purposes of understanding the parameters of the proposal and applicable procedures.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

Consideration of a development agreement may be initiated by City Council or Council committee or requested by City Staff or the applicant. Any person may personally, or through an agent, propose a development agreement regarding property the person owns. The applicant shall file a complete development agreement application on forms provided by the Department. At minimum, such application must include a copy of the proposed agreement, applicable fee, names and address of all current owners of the subject property, and all real property within 300 feet of each boundary of the subject property as shown in the records of the county assessor, and a vicinity map showing the subject property with enough information to locate the property within the larger area. In addition, the Director may require the applicant to submit any additional information or material that the Director determines is reasonably necessary for a decision on the matter.

(Ord. 7342 §1, 2022; Ord. 7187 §3, 2019; Ord. 6273 §2, 2003).

Any development agreement associated with a specific project or development plan application that has been received by the City and that requires Hearing Examiner approval must be heard at a public hearing conducted by the Hearing Examiner. The Hearing Examiner shall consider the proposed development agreement at the public hearing and make a recommendation to the City Council on whether the proposed development agreement should be approved, rejected, or approved with modifications. Any development agreement for a property for which a development permit application has not been received by the City, or for which a development permit application has been received that does not require Hearing Examiner approval, must be heard at a public hearing conducted by the City Council. A final decision on any related project application may not be issued prior to the City Council’s decision on a development agreement with which it is associated.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

Prior to the public hearing, the Director shall issue a public hearing notice as outlined in OMC 18.70.140 Public Notice Requirements. The Director shall distribute this notice and require at least one public notification sign in accordance with OMC 18.70.140. At least seven calendar days before the hearing, the Director shall distribute the staff report to the applicant and each person who has specifically requested it.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

The decision of City Council on a development agreement is the final decision of the City. The Director shall distribute notice of the final decision by the City Council according to OMC 18.70.160. The applicant shall record the approved development agreement with the Thurston County Records Department.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

During the term of the development agreement, the agreement is binding on the parties and their successors. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build-out period specified in the agreement, and is not subject to an amendment to a zoning ordinance, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the development agreement must be consistent with the development agreement. Amendments to the terms of the development agreement may be done only by a written instrument executed by all parties pursuant to the procedures of this chapter, or as may be amended. The City shall process and decide upon an application for an amendment upon payment of applicable fees, as if it were an application for a new development agreement.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

The Evergreen Park PUD district is intended to permit flexibility in design, placement of buildings and use of open spaces, including modification in requirements for lot frontage, building setbacks and design of circulation facilities to best use potentials of sites characterized by special features of geography, topography, size or shape, and to encourage a more creative approach in the development of land that will result in a more efficient, aesthetic and desirable environment in harmony with that of the surrounding area.

(Ord. 6407 §1, 2006; Ord. 5517 §1, 1995).

The terms and provisions of this chapter shall apply only to the Evergreen Park planned unit development. No applications for new PUDs may hereafter be made pursuant to this chapter.

(Ord. 6407 §2, 2006; Ord. 5517 §1, 1995).

The final approval of the Evergreen Park PUD applied for or approved as of the effective date of the ordinance codified in this section shall be binding upon the development. See Evergreen Park Planned Unit Development Use and Classification and Development Standards adopted by reference. Any major adjustments shall be permitted only in accordance with the procedures of Section 18.56.120(B) and shall be documented by amendment of the Use Classification and Development Standards. Minor adjustments, as defined in Section 18.56.120(B), shall be allowed if approved by the Community Planning and Development Department.

(Ord. 6407 §3, 2006; Ord. 5517 §1, 1995).

The intent of the PRD regulations is to permit greater flexibility and, consequently, more creative and imaginative design as required for the development within the MR 7-13, MR 10-18, and certain other residential areas than generally is possible under conventional zoning regulations. It is further intended to promote urban infilling and more economical and efficient use of the land, while providing a development which is compatible with the surrounding neighborhood, a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural topography, unique geological features, and open space. It is also intended to encourage the provision of more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.

Additionally, it is the purpose of this Chapter to enable clustering of development in order to preserve the significant wildlife habitat located in certain land use districts as depicted in the Comprehensive Plan and take the greatest possible advantage of existing topography and other natural features to promote environmental and aesthetic goals by optimizing siting, orientation, layout and design of structures to protect natural vegetation, wetlands, drainage areas, slopes and other natural features.

(Ord. 7106 §4, 2017; Ord. 5570 §27, 1995; Ord. 5517 §1, 1995).

A.    Land Use Districts. Planned Residential Development may be permitted in R4, R 4-8, R 6-12, MR 7-13 and MR 10-18 zoning districts.

B.    Minimum Site Area. None

C.    Permitted Uses. Permitted uses are as follows:

1.    Residential uses and other permitted uses within the underlying use district.

2.    Accessory uses to the above.

3.    Uses that may be allowed by conditional use permit in the underlying zone, subject to the requirements of Subsection 18.56.140(F), Nonresidential Uses.

D.    Density. The density requirements of the underlying use district shall apply.

E.    Platting Requirements. When any parcel of land in a PRD is intended for individual ownership or sale, the platting and procedural requirements of the Olympia Subdivision Ordinance and applicable State laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed. Applications for preliminary or short plat approval should be submitted simultaneously, and processed concurrently, with applications for PRD approval.

(Ord. 7106 §4, 2017; Ord. 5570 §27, 1995; Ord. 5517 §1, 1995).

A.    Pre-submission Conference. Prior to making application, the developer may meet with the Director or the Director’s designee for an initial pre-submission discussion of the proposal.

B.    Application For Preliminary Approval. An application for a PRD may be filed only by a person having a legal interest in the property. The applicant shall complete a PRD application and environmental checklist, together with preliminary development plans and other required supplementary material. Accuracy for all data and information submitted on or with a preliminary development plan shall be the responsibility of the applicant.

C.    Hearing Examiner. A preliminary PRD shall be submitted to the Hearing Examiner with an application for PRD approval for review and recommendation to the City Council. Prior to the approval of a preliminary PRD application, the Hearing Examiner shall hold a public hearing thereon, and notices thereof shall be given as provided in Chapter 18.70, Administration – Procedures for Land Use Permits and Decisions. The Hearing Examiner shall not recommend approval of a PRD unless the Hearing Examiner determines that said plan complies with all policies of the Comprehensive Plan, the requirements of the Unified Development Code, the purposes of Section 18.56.020, Purpose and the provisions of this Chapter. The Hearing Examiner may recommend terms and conditions of approval, and further public review of additional information and analyses in order to insure such compliance. The Hearing Examiner shall forward a recommendation to the City Council.

D.    City Council. The Council shall schedule a meeting to consider the Hearing Examiner’s recommendation. Such consideration shall be based upon the record which was established at the hearing held by the Hearing Examiner, provided that new evidence which was not available at the time of hearing may be included. The term "new evidence" shall mean only evidence discovered after the hearing held by the Hearing Examiner and shall not include evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason. The Council may:

1.    Remand the matter back to the Hearing Examiner for another hearing;

2.    Continue to a future date to allow for additional staff analysis desired by the Council;

3.    Deny the PRD application;

4.    Modify the Hearing Examiner’s decision based on applicable criteria and adopt their own findings and conclusions and approve the PRD; or

5.    Adopt the findings of the Hearing Examiner and accept the recommendation, findings and conclusion of the Hearing Examiner as their own.

An approved PRD, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern. The terms and conditions upon which approval was given shall not be changed except as provided in Subsection 18.56.120(B), Minor and Major Adjustments.

E.    Permits.

1.    Engineering Permits. Engineering permits may be issued for development within a PRD prior to the approval of the final PRD, provided that:

a.    The improvements will be consistent with the approved preliminary PRD;

b.    The City has reviewed the application and determined that the improvements are to be constructed in conformance with Olympia Municipal Code and City Development Standards;

c.    All required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed for the phase of the project involved; and

d.    Partial or complete construction of improvements shall not relieve the developer from, nor impair City enforcement of, conditions of preliminary PRD approval.

2.    Building Permits. Building permits may be issued for any structure within a PRD prior to the approval of the final PRD, provided that:

a.    The construction will be consistent with the approved preliminary PRD;

b.    The building permit application must identify the location and dimensions of the proposed building in relation to all lot lines for the site and must provide proposed building elevations;

c.    No vertical construction may take place until the necessary fire flow and emergency vehicle access have been provided to the building(s);

d.    All required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed for the phase of the project involved;

e.    Partial or complete construction of structures shall not relieve the developer from, nor impair City enforcement of, conditions of PRD approval; and

f.    Units may not be rented or sold until final PRD approval.

(Ord. 7187 §3, 2019; Ord. 7106 §4, 2017; Ord. 6967 §29, 2015; Ord. 5830 §27, 1998; Ord. 5714 §28, 1997; Ord. 5570 §27, 1995; Ord. 5517 §1, 1995).

A.    Application. Application for final PRD approval:

1.    For any portion of the PRD which is to be platted, approval of the final plat constitutes final development plan approval for the platted portion of the PRD. Application requirements are as provided for final plat approval under City Ordinance.

2.    For any portion of the PRD which is not to be platted, approval of a binding site plan constitutes final development plan approval. The Director may attach terms and conditions to the approval of the site plan if necessary to insure compliance with the preliminary PRD. Review of the site plan is as provided in Chapter 18.70 OMC, Administration – Procedures for Land Use Permits and Decisions.

B.    Approval. Within five years of the date of the preliminary PRD approval, the applicant shall submit a final PRD for the proposed development for approval. After finding that the final PRD has been completed in accordance with the provisions of the approved preliminary PRD, and that all required improvements have been completed or that arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that the interests of the City are fully protected, the Decision Authority shall approve the final PRD, accepting the dedications and easements which are included thereon. The final PRD consists of a final plat, binding site plan, or any combination thereof. The approved final PRD constitutes a limitation on the use and design of the site.

C.    Phasing. If a proposed PRD is to be developed in phases, the project as a whole must be portrayed on the preliminary PRD, and each phase must individually receive final development plan review and approval according to the procedures established herein. Those portions of the PRD which have received preliminary approval but which have not yet received final approval are subject to the provisions of OMC 18.56.100, Expiration and extensions.

D.    Rezone. A PRD resulting from the application of the provisions of this Chapter must be referenced on the official zoning map by adoption of an ordinance amending the map to include a reference to the relevant final plat or binding site plan. Such plat or binding site plan must include on its face or by reference any continuing conditions of PRD approval. Once the development plan receives final site plan approval, all persons and parties, their successors, heirs or assigns, who own, have or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the PRD, are bound by the conditions attending the approval of the development and the provisions of this Development Code.

(Ord. 7364 §33, 2023; Ord. 7106 §4, 2017; Ord. 6967 §30, 2015; Ord. 5830 §28, 1998; Ord. 5714 §29, 1997; Ord. 5517 §1, 1995).

A.    If a final PRD is not approved within five (5) years from the date of preliminary PRD approval, the preliminary PRD approval shall expire and the land and the structures thereon shall be used only for a lawful purpose permissible within the underlying zone.

B.    Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The City shall not be held accountable for notification of expirations.

(Ord. 7106 §4, 2017; Ord. 5594 §21, 1996; Ord. 5517 §1, 1995).

A.    Building Permit. Building permits and other permits required for the construction or development of property under the provisions of this Chapter shall be issued only when the work to be performed meets the requirements of the final plan and program elements of the PRD, except as provided in Section 18.56.060(E).

B.    Minor and Major Adjustments of the Final Plan.

1.    Minor adjustments may be made and approved when a building permit is issued. Any such alteration must be approved by the Department. Minor adjustments are those which may affect the precise dimensions or siting of buildings (i.e., lot coverage, height, setbacks), but which do not affect the basic character or arrangement and number of buildings approved in the preliminary or final plan, nor the density of the development or the amount and quality of open space and landscaping. Such dimensional adjustments shall not vary more than ten (10) percent from the original, nor shall they permit development which would conflict with Section 18.56.140. The applicant shall submit five (5) copies of a revised or adjusted Final Development Plan of the applicable portions(s) of the PRD to the City for the completion of its files.

2.    Major adjustments are those which substantially change the character, basic design, density, open space or other requirements and conditions of the Planned Residential Development. When a change constitutes a major adjustment, no building or other permit shall be issued without prior review of such adjustment by the Hearing Examiner and approval by the City Council.

(Ord. 7106 §4, 2017; Ord. 5517 §1, 1995).

A.    General Criteria.

1.    All requirements of the underlying use district and other city ordinances, including but not limited to urban design guidelines, connecting streets, tree protection and drainage design and erosion control shall apply within the PRD unless specifically modified pursuant to the provisions of this chapter.

2.    Any action to approve a preliminary development plan for a proposed PRD shall be based upon the following findings:

a.    That the proposed development is in conformance with the Comprehensive Plan;

b.    That exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program;

c.    That the system of ownership and means of developing, preserving and maintaining open space are suitable, as provided in Section 18.56.140(D).

3.    The Department may require the proposed development to be clustered on a portion of the site in order to preserve significant wildlife habitat (see Map 2-4 in the Comprehensive Plan) and well-head protection areas.

4.    If a plat is involved, the City shall issue no building permit for vertical construction for a multifamily structure in a PRD until final plat approval has been granted for the single-family lots in the PRD, if any. If the PRD is to be built in phases, this requirement shall apply to the development in each phase.

B.    Minimum Lot Size. The Hearing Examiner may allow lot sizes to be reduced (provided that the applicable setback requirements are met) to enable creation of common open space or allow preservation of significant wildlife habitat or a wellhead protection area.

C.    Maximum Coverage. Building coverage and development coverage of individual parcels may exceed the percentage permitted by the underlying zone, provided that the overall coverage of the project as a whole does not exceed the percentage permitted by the underlying zone.

D.    Open Space.

1.    Common open space, if any, may contain such structures and improvements as are necessary and appropriate for the out-of-doors enjoyment by residents of the PRD.

2.    The developer shall provide a bond or other assurance acceptable to the City Council that any improvements made in the common open space will be completed. The City shall release the bond or other assurance when the improvements have been completed in accordance with the development plan.

3.    Before approval of the final development plan may be granted, the developer shall submit to the City covenants, deeds and/or homeowners’ association bylaws and other documents guaranteeing maintenance, construction, common fee ownership, if applicable, of open space, community facilities, stormwater facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and approved by the City staff to insure that they comply with the requirements of this chapter prior to approval of the final development plan by the City. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the County Auditor as a condition of any final development plan approval.

4.    All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the City. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock outcroppings, etc., may be accepted as part of the landscaping plan.

5.    That portion of the open space which is to be available for the common use of the residents of the PRD shall be either:

a.    Conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it; or

b.    Owned in common by the property owners within the MPD or a Homeowners’ Association.

E.    Perimeter Treatment. Relationship of PRD Site to Adjacent Area. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize undesirable impact of the PRD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PRD.

F.    Nonresidential Uses.

1.    Nonresidential uses are permitted in a PRD as specified in Section 18.56.040(C).

2.    Uses permitted by conditional use permit in the underlying zone shall conform to standards as provided in OMC 18.70.180, Conditional uses.

3.    Permitted uses shall conform to the standards of that use district, and to the following additional requirements:

a.    Building permits or occupancy permits for such uses shall not be issued until building permits have been issued for one-half (1/2) of the total dwelling units.

b.    Screening and landscaping shall be provided adequate to protect all neighboring uses from potential adverse effects.

c.    All sides of the proposed buildings shall be finished in a style which is harmonious with the development as a whole and with neighboring uses.

4.    Accessory uses such as storage of boats, campers and recreational vehicles shall be permitted only if visual screening is provided. This same provision shall apply to garbage storage, recycling and collection areas.

(Ord. 7106 §4, 2017; Ord. 5830 §42, 1998; Ord. 5570 §27, 1995; Ord. 5517 §1, 1995).

On November 14, 2017, the Olympia City Council approved and adopted the Woodard Lane Co-Housing Planned Residential Development, the details and regulations of which are found in Ordinance No. 7106, on file with the City Clerk.

(Ord. 7106 §4, 2017).

The purposes of the Master Planned Development (MPD) regulations are as follows:

A.    To permit greater flexibility and, consequently, more creative and imaginative design as required for the development within the Urban Village (UV), Neighborhood Village (NV), Neighborhood Center (NC) District, and Community Oriented Shopping Center (COSC) Districts than generally is possible under conventional zoning regulations.

B.    To promote urban infill, and more economical and efficient use of the land, while providing a development which is compatible with the surrounding neighborhood; a variety of housing choices; and, a high level of urban amenities.

C.    To encourage the provision of more usable and suitably located recreation facilities and other private and common facilities than would otherwise be provided under conventional land development procedures.

(Ord. 7364 §34, 2023; Ord. 5539 §4, 1995).

In the following zoning districts, the City shall process a Master Plan as an amendment to the Official Zoning Map as follows:

A.    Districts. Development within the COSC, NC, NV and UV districts is permitted only after Master Plan approval, project approval, and construction permits are issued pursuant to this chapter, chapter 18.05 OMC, and chapter 18.05A OMC (Villages and Centers).

B.    Pre-Submission Conference. Applicants shall meet with the Director for an initial discussion of the proposed MPD prior to submittal of an application. The applicant shall present preliminary studies and conceptual sketches which contain in a rough and approximate manner the information required on the MPD application. The purpose of the preliminary site plan review is to eliminate as many potential problems as possible in order for the MPD to be processed without delay.

C.    Master Plan Review Process. An approved Master Plan is an amendment to the official zoning map. An application for Master Plan approval is a Type III application and must be submitted to the Design Review Board and Hearing Examiner for review and recommendation to the City Council.

D.    Project Application Review Process. At any time during review or after Master Plan approval, the applicant may submit an application for construction on a portion or all of the site to the Department for review by the Design Review Board, Hearing Examiner, and/or Director. The permit would not be issued until the Master Plan was approved.

E.    Plat Approval. When any parcel of land subject to a Master Plan is intended for individual ownership or sale, the platting and procedural requirements of the Olympia Subdivision Ordinance and applicable State laws, as amended, pertaining to the subdivision and conveyance of land and the preparation of maps must be followed. See Olympia Municipal Code Title 17, Subdivisions. Applications for project approval may be submitted simultaneously, and processed concurrently, with applications for Master Plan approval or any other Development Application.

F.    Engineering, Detailed Design Review, and Building Permits. The Building Official may not approve a Building Permit unless it complies with the use limitations, standards, and design concepts and guidelines contained in the applicable Master Plan. Any conditions of Master Plan, Land Use, Preliminary or Final Plat, or Binding Site Plan approval will constitute a limitation on the use and design of the site. Engineering and Building Permits may be issued for any improvements or structures only if consistent with an approved Master Plan and project approval.

(Ord. 7364 §34, 2023; Ord. 6967 §31, 2015; Ord. 5830 §34, 1998; Ord. 5539 §4, 1995).

Except as specifically provided in this Chapter, applications for project approval within Master Plans, including but not limited to land use approval, plats, and building and engineering permits, are reviewed and decided, and otherwise processed, in accordance with the procedures applicable to comparable projects in all other districts as set forth in this Development Code.

(Ord. 7364 §34, 2023; Ord. 5830 §40, 1998)

An applicant shall submit a Master Plan application to the Department for review. The Design Review Board and Hearing Examiner shall forward their recommendations to the City Council as follows:

A.    Design Review Board. A complete application including proposed draft design vocabulary and design guidelines (chapter 18.05A OMC, Village and Center Design Guidelines), must be submitted to and reviewed by the Design Review Board for review and recommendation to the City Council. The Design Review Board may not recommend approval of a Master Plan unless it determines that the proposed Master Plan complies with each of the applicable design guidelines contained in chapter 18.05A OMC, Village and Centers Design Guidelines. The Design Review Board may schedule additional meetings to consider the proposed Master Plan, or recommend denial or approval with or without conditions of approval.

B.    Hearing Examiner. The Hearing Examiner shall review a complete Master Plan application, including the proposed draft ordinance, chapter 18.05 OMC and schematic maps for recommendation to the City Council.

C.    City Council.

1.    The City Council shall consider the Board’s and the Examiner’s recommendations, together with any conditions, at a regular public meeting within 30 calendar days after the Examiner’s recommendation becomes final, unless the applicant agrees to a later meeting date.

2.    Such consideration must be based upon the record which was established by the Design Review Board and the Examiner.

3.    If the Council finds that the Board’s or Examiner’s recommendation is in conflict with the City’s adopted plans, policies and ordinances; or insufficient evidence was presented as to the impact on surrounding area the Council may:

a.    Deny the MPD application;

b.    Remand the matter back to the Design Review Board or Hearing Examiner for another hearing;

c.    Continue to a future date to allow for additional staff analysis desired by the Council;

d.    Modify the Design Review Board’s and Examiner’s recommendation based on the applicable criteria and adopt their own findings and conclusions, and deny or approve the Master Plan; or

e.    Schedule its own open-record public hearing.

4.    If the Council determines there are no conflicts and sufficient evidence was presented as to the impact on the surrounding area, it shall adopt the Board’s and Examiner’s recommendation as their own and approve the Master Plan by ordinance. If approved, the Master Plan, or subsequent revision thereto, is an amendment to the Official Zoning Map.

5.    Once the development plan receives Master Plan approval, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance, or assignment, any interest in the real property subject to the proposed Master Plan, are bound by the conditions attending the approval of the development and the provisions of the Ordinance.

6.    The action of the Council, approving, modifying, or rejecting a recommendation of the Design Review Board and Examiner, is final and conclusive, unless within 21 calendar days from the date of the Council action an aggrieved party or person appeals to the Superior Court of Washington for Thurston County, for the purpose of review of the action taken.

D.    Phasing. If the Master Plan is to be developed in phases, the project as a whole must be portrayed on the Master Plan, and each phase may individually receive project review and approval according to the procedures established herein.

E.    Amendments. An approved Master Plan, or subsequent revision thereto, is binding as to the general intent and apportionment of land for buildings, stipulated use, and circulation pattern. Amendments which change the character, basic design, density, open space, or any other requirements and conditions contained in the Master Plan are not permitted without prior review and recommendation by the Hearing Examiner, and approval by the City Council, of such amendment. Amendments are an amendment to the Official Zoning Map and must be clearly depicted as a revision to the ordinance text and site plans.

F.    Expiration or Extension. There is no time limitation or extensions required of a Master Plan approval. However, if in the opinion of the City Council, the Master Plan does not continue to serve the public use and interest or comply with the comprehensive plan or other applicable laws or plans, the City Council may initiate an amendment or rezone at any time.

(Ord. 7364 §34, 2023; Ord. 5830 §36 1998; Ord. 5539 §4, 1995).

Individual and agency initiated proposals to amend the Olympia Comprehensive Plan must be submitted to the Department on forms provided by the City. Proposals may be submitted at any time; however, to be considered in the same calendar year, they must be submitted by the deadline set by the City Council, unless otherwise specifically authorized by the City Council. All proposals are considered collectively once each year except in the case of an emergency as determined by the City Council (see Timing and Exemptions). The City Council approves the Comprehensive Plan Amendment calendar. No fee is charged at this proposal stage. The Department shall maintain a log or docket of all such proposals including a summary of the proposal, the principal proponent’s name and address, the date on which the proposal was submitted, and its review status.

(Ord. 7364 §35, 2023; Ord. 5792 §1, 1998).

A.    Prior to City Council action, the Department shall conduct a preliminary review and evaluation of proposed amendments, including rezones, and assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The preliminary review and evaluation must also include any review by other departments deemed necessary by the Department, and except as provided in OMC 18.70.190 must be based on the following criteria:

1.    Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code?

2.    Would the proposed amendment cause little or no adverse environmental impacts and, is the time required to analyze impacts available within the time frame of the standard annual review process?

3.    Is sufficient analysis completed to determine any need for additional capital improvements and revenues to maintain level-of-service, and is the time required for this analysis available within the time frame for this annual review process?

4.    Can the proposed amendment be considered now without conflicting with some other Comprehensive Plan established timeline?

5.    Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents and is the time required for processing those amendments or revisions available within the time frame of this annual review process?

6.    If the proposed amendment was previously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again?

B.    If the Department determines that the answer to any of the above questions is no, it may recommend to the City Council that the proposed amendment or revision not be further processed in the current amendment review cycle. Upon direction from City Council, Department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the department at any time, subject to the timelines contained in this chapter.

(Ord. 7364 §35, 2023; Ord. 7205 §17, 2019; Ord. 5792 §1, 1998).

A.    The Department shall compile a list giving the status of all proposed amendments, including rezones, and forward the list to the City Council. The City Council shall review all such proposals, determine which are appropriate and worthy of further review and consideration, and move those to the Planning Commission for review and public hearing. (See Preliminary Review and Evaluation Criteria.)

B.    The list approved by the City Council is known as the final docket. The Department shall notify proponents of the items on the docket that will be moved to the Planning Commission for review. Proponents are required to submit an application and shall pay such fee as may be established by the City Council. The Department shall also notify proponents of the proposals not moved to the Planning Commission of the Council’s decision. Department and City initiated proposals are exempt from application fees. The Department shall distribute information about the amendment process and the schedule with final application forms.

(Ord. 7364 §35, 2023; Ord. 5792 §1, 1998).

A.    The Department shall distribute the final docket of proposed amendments, including rezones, to any state or local agency which is required by law to receive notice of proposed amendments and revisions to the Comprehensive Plan and implementing development regulations within the time required. In addition, the Department shall distribute the final docket of proposed amendments to recognized neighborhood associations and other affected interests identified by the City Council. The Department shall include issues identified in amendment proposal analyses and conduct any review required by SEPA of the proposed amendments, including rezones, listed on the final docket.

B.    The Department shall prepare a report including any recommendations on each proposed amendment, including rezones, on the final docket and forward the report to the Planning Commission. At a minimum the Planning Commission recommendation and the Council decision should address the following:

1.    Does the proposed amendment or revision maintain consistency with other plan elements or development regulations? If not, are amendments or revisions to other plan elements or regulations necessary to maintain consistency with the current final docket that will be considered by the Planning Commission and the City Council?

2.    Is the proposed amendment or rezone consistent with the goals of the Comprehensive Plan?

3.    Is the proposed amendment or revision consistent with the county-wide planning policies?

4.    Does the proposed amendment or rezone comply with the requirements of the GMA?

(Ord. 7364 §35, 2023; Ord. 5792 §1, 1998).

The following criteria will be used to evaluate each rezone request. A zoning map amendment may only be approved if the Council concludes that at minimum the proposal complies with subsections A through C below. To be considered are whether:

A.    The rezone is consistent with either the Comprehensive Plan including the Plan’s Future Land Use map as described in OMC 18.59.055 or with a concurrently approved amendment to the Plan.

B.    The rezone will maintain the public health, safety, or welfare.

C.    The rezone is consistent with other development regulations that implement the comprehensive plan.

D.    The rezone will result in a district that is compatible with adjoining zoning districts; this may include providing a transition zone between potentially incompatible designations.

E.    Public facilities and services existing and planned for the area are adequate and likely to be available to serve potential development allowed by the proposed zone.

(Ord. 7364 §35, 2023; Ord. 7013 §2, 2016; Ord. 6952 §2, 2015; Ord. 5792 §1, 1998).

A.    Although the Future Land Use map is not specific with regard to the edges of Land Use designations, the zoning map boundaries should not vary more than 200 feet from the land use designation shown on the Future Land Map.

B.    Each Neighborhood Retail or Neighborhood Center district, if any, may be no further than four blocks (approximately 1,000 feet) from a Neighborhood Center location indicated on the Future Land Use Map or is at a location proposed pursuant to the Subarea Planning process described in the Comprehensive Plan.

C.    Districts on the zoning map must correspond to categories of the Future Land Use Map in accordance with the following table and be consistent with the purposes of each designation. Only those districts listed below are deemed to be consistent with the corresponding Future Land Use map designation, provided that zoning districts in locations enacted prior to January 1, 2015, may remain.

(Ord. 7364 §35, 2023; Ord. 7288 §38, 2021; Ord. 6952 §3, 2015).

A.    Following one or more public hearings the Planning Commission shall forward its written recommendation regarding each Comprehensive Plan amendment and any text amendments or rezones to the Council; provided that the Commission may forward any recommendation regarding a site-specific rezone to the Hearing Examiner without holding a public hearing.

B.    The Council shall review the recommendations of the Planning Commission, may hold a public hearing, and shall decide whether to adopt, modify and adopt, reject or defer to a later date, each proposed amendment.

C.    The Department shall notify each proponent by mail of all public hearings and of the Council’s final decision.

(Ord. 7364 §35, 2023; Ord. 7013 §3, 2016; Ord. 5792 §1, 1998).

A.    The City will consider proposed amendments to the Comprehensive Plan only once each year, except when amendments are adopted as part of:

1.    the adoption of a subarea plan;

2.    the adoption or amendment of a shoreline master program under the procedures set forth in WAC 173-19;

3.    the response to an existing emergency;

4.    amendments necessitated by changes in state or federal laws;

5.    the resolution of an appeal filed with the Growth Management Hearings Board or with a court; or

6.    the amendment of a capital facilities element that occurs concurrently with the adoption or amendment of the city budget.

B.    The Department will accept proposals for Comprehensive Plan amendments and revisions at any time; however, proposals or applications received after their established due dates will be considered in the next annual amendment review cycle.

However, Olympia and Thurston County have adopted a joint plan that includes goals, policies and regulations that they will jointly administer in Olympia’s urban growth area. Proposals and applications for urban growth area amendments, including rezones, must also meet County process requirements.

(Ord. 7364 §35, 2023; Ord. 5792 §1, 1998).

The purpose of this Chapter is to:

A.    Permit within Residential and Commercial Districts the development of townhouses which may be sold as individual lots and residences;

B.    Permit townhouse structures built to standards which are designed to include amenities usually associated with conventional single-family detached housing to ensure compatibility with the surrounding neighborhood;

C.    Promote affordable housing, efficient use of land and energy, and the availability of a variety of housing types in different locations;

D.    Promote infill development on physically suitable lands in residential areas, without adversely affecting adjacent development.

(Ord. 7364 §36, 2023; Ord. 5517 §1, 1995).

A.    In R-4, R 4-8, and R 6-12 Districts a subdivision or short plat is required for all townhouse developments so that individual dwelling units are divided onto lots with the structural walls located on the lot lines. In other Districts the platting of each individual dwelling unit is optional.

B.    When a townhouse development is platted, construction of townhouse dwellings may commence prior to final plat approval, provided:

1.    The proposed subdivision has received preliminary plat approval, and the necessary financial sureties have been filed as required in chapter 17.24 OMC, Olympia Platting and Subdivision Ordinance, to assure construction of required public improvements;

2.    Partial or complete construction of structures does not relieve the subdivider from, nor impair City enforcement of, conditions of subdivision approval;

3.    Construction may not proceed beyond foundations, and units may not be rented or sold, nor occupancy permits issued, until final plat or final short plat approval is granted.

C.    No subdivision or short subdivision of a site containing previously constructed dwellings is allowed unless all common walls meet or are reconstructed to current building code and fire code requirements for separately owned subdivided townhouse units, and all other standards of this Chapter are met.

D.    Undersized lots may be used for individual townhouse dwelling units without meeting the density and lot area requirements of this section, and without resubdividing, provided such lots were of record prior to the effective date of this chapter; and provided, they also have the minimum lot width for townhouses.

(Ord. 7364 §36, 2023; Ord. 6408 §28, 2006; Ord. 5517 §1, 1995).

A.    Maximum Site Area. The maximum site area for solely townhouse development in the R4, R 4 8 or R 6-12 District is four acres. There is no maximum site area in other districts where townhouses are permitted.

B.    Density and Lot Area.

1.    Density. Each townhouse development is subject to density provisions contained in the underlying District.

2.    Lot Size. See Table 4.04, Residential Development Standards.

C.    Building, Impervious, and Hard Surface Coverage. Outside of ‘village’ and ‘center’ districts subject to table 5.05, building and impervious surface building coverage for an individual townhouse lot may not exceed 60 percent or the underlying district limit, whichever is greater, and hard surface coverage may not exceed 70 percent or the underlying district, whichever is greater.

D.    Minimum Lot Width. Each individual townhouse lot must have a minimum width as follows:

1.    R4 and R 4-8 Districts: 18 feet;

2.    R 6-12 Districts: 16 feet;

3.    All other Districts: See Tables 4.04 and 5.05.

E.    Setback Requirements. Setback requirements for front yards and for side yards of end dwelling units of townhouse structures are the same as the underlying district.

F.    Height. Same as the underlying district.

G.    Parking. Townhouse developments must provide off-street parking pursuant to Chapter 18.38.

H.    Residential Design Review Criteria and Garage Width. Townhouse developments must meet the Residential Design Criteria Section chapter 18.175 OMC and, if applicable, must comply with garage placement and width provisions of OMC 18.04.060(EE), provided that such standards are applied to the entirety of each building, and not to each dwelling unit.

(Ord 7400 §20, 2024; Ord. 7364 §36, 2023; Ord. 7310 §11, 2022; Ord. 7027 §34, 2016; Ord. 6517 §48, 2007; Ord. 6408 §29, 2006; Ord. 6140 §35, 2001; Ord. 5517 §1, 1995).

The Director and Hearing Examiner may grant variances and reasonable use exceptions as set forth in this Chapter following the noticing requirements of Chapter 18.70, Administration – Procedures for Land Use Permits and Decisions. The Director may grant minor variances; a “minor variance” is (1) a variance to setback requirements that would alleviate the need for a Reasonable Use Exception (as provided for elsewhere in this Chapter), or (2) a variance that accompanies an administratively granted Reasonable Use Exception. All other variances may be granted by the Hearing Examiner.

(Ord. 7361 §1, 2023; Ord. 6408 §30, 2006; Ord. 6356 §7, 2005).

A.    A variance is a mechanism that allows the provisions of OMC Title 18 to be varied on a case-by-case basis. The Director or Hearing Examiner may approve a variance only when it is for relief from a dimensional standard when the application of such standard would result in an unusual or unreasonable hardship. Before any variance is granted, the Director (for minor variances) or the Hearing Examiner (for all other variance requests) must find:

1.    That the proposed variance will not amount to a rezone or constitute a change in the district boundaries shown on the Official Zoning Map;

2.    That because of special conditions and circumstances relating to the size, shape, topography, location, or surroundings of the subject property, the variance is necessary to provide the applicant with use rights and privileges permitted for other properties in the vicinity and in the zone in which the subject property is located;

3.    That the special conditions and circumstances do not result from the actions of the applicant;

4.    That granting of the variance 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;

5.    That the granting of the variance 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

6.    That the variance is the minimum variance necessary to provide the rights and privileges described above.

(Ord. 7361 §2, 2023; Ord. 6356 §7, 2005; Ord. 6273 §32, 2003; Ord. 5517 §1, 1995).

Applicability and Intent. A reasonable use exception is a unique type of variance that pertains to the regulations within the Critical Area Ordinance (OMC 18.32); a reasonable use exception is available when compliance with critical area regulations would result in depriving the property owner of even minimal economic use to which a property owner is entitled under applicable state and federal constitutional provisions. A reasonable use exception is intended as a last resort, when all municipal code provisions are exhausted. Before any reasonable use exception may be granted, the Director (for development proposals with buffer reductions of less than 75%) or the Hearing Examiner (for all other applications) must find that the application meets all of the following criteria:

A.    The application of OMC 18.32, the Critical Area Ordinance would deny all reasonable economic use of the property;

B.    No other reasonable economic use of the property would have less impact on any critical area;

C.    The use proposed is the minimum necessary to allow for reasonable economic use of the property. Project plans must demonstrate:

1.    Other development alternatives do not result in less impact to the critical area. An alternatives analysis must address: a change in use, reduction in project size, and variances for setback and other development standards; and,

2.    Impervious surface coverage should be the minimum necessary and should not exceed 2,500 square feet;

D.    The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant or the applicant’s predecessor(s), after the effective date of the Critical Area Ordinance (June 5, 2005);

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

F.    The design maximizes protection and mitigates impacts to any critical area functions and values consistent with the best available science, and must be supported by critical area reports demonstrating compliance to OMC 18.32, including mitigation sequencing; and

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

H.    In addition to meeting the conditions in A) through G); above, an applicant who requests a 75% or greater reduction in critical area buffers or requests to develop within a critical area itself, or requests both, must meet the conditions in 2) or 3) below, and such request must be approved by the Hearing Examiner.

1.    Definitions: (for purposes of this subsection H):

a.    “Single ownership” means not owned (or previously owned) by a person or entity who concurrently owns (or owned) one or more adjacent lots, tracts, or parcels.

b.    “Common ownership” means owned (or previously owned) by a person or entity who concurrently owns (or owned) one or more adjacent lots, tract, or parcels.

c.    “Undevelopable” means all reasonable economic use of the property is denied by applicable City regulations.

d.    “Adjacent” means two or more parcels sharing a common boundary of at least one point. Parcels across unopen (unimproved) or vacated (by statute or otherwise) Rights of Way are adjacent.

2.    The property is or has been in single ownership (i.e., not owned by a person or entity who concurrently owns or owned one or more adjacent lots, tracts, or parcels) continuously since the adoption of the Critical Area Regulations; or

3.    The property:

a.    Is or was at any time since adoption of the Critical Area Ordinance (June 5, 2005) in common ownership (i.e., the property is or was owned by a person or entity who concurrently owns or owned one or more adjacent lots, tracts, or parcels at some time since June 5, 2005); and

b.    Did not become undevelopable solely by reason of passing out of common ownership and into single ownership, by sale or other transfer.

4.    Should the Reasonable Use Exception be granted, the adjacent lots, parcels, tracts determined to be held in common ownership must be legally consolidated into a single parcel prior to building permit issuance.

(Ord. 7361 §3, 2023; Ord. 6426 §53, 2006; Ord. 6356 §7, 2005).

Before granting a variance or reasonable use exception, the Hearing Examiner, or Director as appropriate, may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this Title are not violated. Violation of such conditions and safeguards when made part of the terms under which the variance or reasonable use exception is granted, is a violation of this Title and punishable under Chapter 18.73, Civil and Criminal Penalty.

(Ord. 7361 §4, 2023; Ord. 6356 §7, 2005; Ord. 5517 §1, 1995).

With respect to uses of land, buildings and other structures, this Title is declared to be a definition of the public interest by the City Council, and the spirit of this Title will not be observed by any variance which permits a use not generally or by conditional use, permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this Title in the district. Therefore, under no circumstances may the Hearing Examiner or Director grant a variance to permit a use not generally or by conditional use permitted in the district involved, or any use expressly or by implication prohibited, by the terms of this Title in the district.

(Ord. 7361 §5, 2023; Ord. 5517 §1, 1995).

Certain unusual uses, which are not identified in this Title may be allowed by the Hearing Examiner if such use will have no detrimental effect on other properties in the vicinity. In authorizing uses of this type, the Hearing Examiner shall impose limits and conditions necessary to safeguard the health, safety and general welfare of those persons that might be affected by the use. (See Section 18.02.080(B), Interpretations.)

(Ord. 6356 §7, 2005; Ord. 5517 §1, 1995).

A.    When a project funded by a public agency, department or jurisdiction is found to be of compelling interest to the citizens of Olympia, it may be designated as a public project of significant importance.

B.    Any such designation shall be preceded by a public hearing and shall be done by a resolution of the Olympia City Council.

(Ord. 6356 §7, 2005).