Flag lots are permitted to the minimum extent necessary to enable access to property where public street access is not feasible (e.g., due to site conditions or existing development) or to protect Critical Areas, when they meet the following criteria:

1.

The project is designed to minimize the creation of flag lots.

a.

The configuration of flag lost shall not be permitted to create a continuous double stacking of lots on a single roadway, and in no instance shall flag lots represent more than twenty percent of the total number of lots within a given subdivision.

b.

In no instance shall two or more flag lots served by a common driveway be contiguous to a second group of two or more flag lots served by a second common driveway.

2.

Adjoining flag lots shall share a common driveway wherever possible.

3.

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

4.

The area of a flag lot less than 30 feet in width shall not be deemed to be a part of the required minimum lot area specified for the district in which the lot is located.

(Ord. 12761 § 8, 2002: Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

In general, the characterization of a proposed residential use, for purpose of application of this title, is determined by the number of dwelling units within a building, regardless of the nature of the ownership interest in the units or the land. Thus, for example, the existence of two dwelling units sharing a common wall is characterized as a "two-family dwelling" regardless of whether the units are rented (duplex), the units but not the land are separately owned (condominium), or the units and the land are separately owned (single-family attached).

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

1.

General Requirements. Except where specifically provided in this title, all structures over two hundred square feet in floor area shall meet the following minimum yard (setback) requirements:

2.

Yard Regulations for Through Lots. For through lots, minimum front yard requirements shall apply to the yard oriented to the structure's front door. The opposing yard shall be deemed to be the rear yard.

3.

These provisions shall not apply in those instances where a lot has been recorded prior to the enactment of this title where the enforcement of this regulation would negate the use of the lot in accordance with the provisions of the zoning district in which it is located and an appropriate variance has been granted.

(Ord. 12761 § 9, 2002: Ord. 12463 § 10, 2001; Ord. 11398 § 3 (part), 1997: Ord. 10595 § 3, 1994: Ord. 7075 § 1, 1981: Ord. 6708 § 3 (part), 1980)

(Ord. No. 15355, 1(Att. A, § N), 10-18-2016)

1.

Required yards shall be measured to the nearest portion of the outside wall of liveable space or the support column of a structure over thirty inches above finished grade.

2.

An open, unenclosed porch, deck or stairway over thirty inches above grade may project into a required yard for a distance not to exceed ten feet or one-half of the required setback, whichever is less.

3.

The ordinary projection of sills, cornices, eaves, rain gutters, bay windows, garden windows, canopies and ornamental features may project a distance not to exceed two feet into the required yard.

4.

The ordinary projection of chimneys and flues may extend into the required front or rear yard for a distance not to exceed three feet and into the required side yard for a distance not to exceed two feet.

5.

A private swimming pool shall not be constructed in any required yard. Private swimming pools shall be enclosed by a fence or other barrier at least forty-two inches in height, with a self-latching gate. Above ground pools with a vertical barrier of at least forty-two inches that are made inaccessible by removal of the ladder or similar measure are allowed without a fence or other barrier. The fence or other barrier shall not allow passage of a four inch diameter sphere.

6.

A free-standing gasoline pump island, including pumps, roof cover and associated accessories, shall maintain a minimum setback of twenty feet from any property line.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 4, 1994: Ord. 6708 § 3 (part), 1980)

1.

Administrative Front Yard Variance to Block Average. In any residential district, where a front yard less than that required by this title has been maintained on lots having fifty percent or more of the total frontage of the block, each structure built after the effective date of this title may maintain a front yard the same size as the average front yard of such existing structures. The applicant shall request such variance from the department and shall provide setback measurements for the subject block or group of lots.

2.

Administrative Variance to All Yard Requirements. A reduction in yard requirements shall be permitted after department review and approval when:

a.

Such variance for a structure, including any porch, deck or stairway over thirty inches above grade, will not reduce any required yard by more than fifty percent and no roof overhang will extend more than thirty-three percent into the reduced setback.

b.

Special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, or which are created by public action such as condemnation, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would result in a practical difficulty, as described in subsection (3) below, for the property owner not commonly experienced by other properties similarly situated in the same district under the terms of this title.

c.

The special conditions and circumstances are not the result of deliberate actions of the applicant.

d.

Granting of the variance request will not confer a special privilege to the property that is denied other lands in the same district.

e.

Granting of the variance will be in harmony with the general purpose and intent of this title and will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and neighborhood in which the property is situated.

f.

The reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.

3.

Practical Difficulty. A practical difficulty is present where the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The department shall consider the following factors in making a determination of practical difficulty: the nature of the zone in which the property lies, the character of the immediate vicinity and the uses intended therefor, and whether, if restrictions were removed, neighboring property would be seriously affected, and whether, if restrictions were not removed, they would create unnecessary hardship for the owner in relation to efforts to make normal improvements given the property's permitted use. An applicant's mere desire for a variance, even when motivated by economic reasons, does not constitute a practical difficulty.

4.

Minimum Setback. No portion of any structure over thirty inches above finished grade shall be closer than two feet from any property line.

5.

Conditions. Conditions of approval may be attached to any variance granted by the department.

6.

Expiration of variance approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval by the department, the variance shall expire. The variance shall also expire when vacated for a period of three years. Knowledge of the expiration date is the responsibility of the applicant. The county is not responsible for providing notification prior to expiration.

7.

Hearing Examiner Variance. Variances not allowed by administrative action in this section may be granted pursuant to Chapter 20.52.

(Ord. 12463 § 11, 2001; Ord. 11398 § 3 (part), 1997: Ord. 10595 § 5, 1994: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

1.

Determination. In the event a use is proposed which is not listed in the title as permitted, accessory or special use, the director shall determine whether the use should be treated as one of the listed uses. Such determination shall be based on:

a.

Similarity to a listed use;

b.

Consistency with the intent of the district in which the use is listed.

2.

Appeal. Appeals of this determination may be made to the hearing examiner pursuant to Chapter 20.60, or a request submitted to the board of county commissioners for consideration of a text amendment.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 8, 1994; Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

1.

On every corner lot within the triangle formed by the street lines of such lot and a line drawn between points on such lines which are thirty feet from the intersection thereof, there shall be no structure or planting of such nature and dimension as to obstruct lateral vision other than a post, column or trunk of a tree (but not branches or foliage), which is no greater than one foot in cross section or diameter. Such lateral vision shall be maintained between two horizontal planes, one of which is two and one-half feet, and the other ten feet above the centerline grade of existing streets and/or railroads. (See Appendix Figure 13.)

2.

Since the purpose of this provision is to promote public safety by preserving reasonable sight distances for vehicular traffic at street intersections, the public works director may vary the specific requirements in those instances where structures or plantings between the two horizontal planes do not in fact interfere with sight distances.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 9, 1994; Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

The height limitations of this title shall not apply to barns, silos, residential chimneys, spires, gables, domes, flagpoles, clock towers, flues, monuments, radio towers, television antennae or aerials, transmission towers and cables, smokestacks, or other similar structures and mechanical appurtenances.

(Ord. 11398 § 3 (part), 1997: Ord. 10025 § 2, 1995: Ord. 6708 § 3 (part), 1980)

1.

General Standards. In addition to the hard surface coverage limits specified in this title, the following standards shall apply:

a.

The total area of hard surfaces shall not include:

i.

Access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of requirements to locate features over which the applicant does not have control.

ii.

Ineffective impervious surfaces.

b.

Pervious pavement surfaces may be calculated at seventy-five percent area for the purpose of calculating total hard surface area.

c.

On any lot over two and one-half acres in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices.

d.

Hard surfaces rendered nonconforming by the coverage limits of this title may be replaced and must comply with the Thurston County Drainage Design and Erosion Control Manual (DDECM) BMPs LID.01 - Native Vegetation Protection, Reforestation, and Maintenance; and LID.02 - Post-Construction Soil Quality and Depth, but may not be expanded.

e.

The hard surface coverage area for any lot may be increased beyond the total amount permitted in this chapter subject to approval of a special use permit under Chapter 20.54.

2.

General standards. In addition to the hard surface coverage limits specified in this title, the following standards shall apply

a.

Credits apply to lots in the following zones: LTA, LTF, RR 1/5, RRR 1/5, R 1/10, R 1/20, UR 1/5, RL 1/2, RL 1/1, RL 2/1, R 3-6/1, R 4-16, MGSA.

b.

Hard surface coverage limits specified in this title may be increased by fifty percent under any one of the following circumstances:

i.

Soils on the site allow for, and site design utilizes, full dispersion of stormwater runoff, done in accordance with the Thurston County DDECM, Chapter 15.05.

ii.

A minimum of thirty percent of trees or native vegetation is retained on the site as shown in a landscape plan, as specified in Chapter 20.45. A maximum of twenty percent of this retained vegetation may be within a critical area or critical area buffer. Retained trees shall be recorded on a form provided by the department, the final plat, and in the abbreviated drainage plan as applicable.

iii.

The development is a Planned Residential Development (PRD), TCC Chapter 20.30, or a Planned Rural Residential Development (PRRD), TCC Chapter 20.30A.

c.

Hard surface coverage limits specified in this title may be increased by one hundred percent under the following circumstances:

i.

A minimum of sixty-five percent of trees or native vegetation is retained on the site as shown in a landscape plan, as specified in Chapter 20.45. Retained trees shall be recorded on a form provided by the department, the final plat, and in the abbreviated drainage plan as applicable.

d.

An additional one thousand square feet of hard surface area may be permitted above the coverage limit for each six thousand five hundred square feet of retained trees and native vegetation that are outside of any designated critical area or buffer. Retained trees shall meet the standards of Section 20.45.020 and be recorded on a form provided by the department, the final plat, and in the abbreviated drainage plan as applicable.

e.

An additional one thousand square feet of hard surface area may be permitted above the coverage limit for each three thousand two hundred fifty square feet of retained trees and native vegetation that are outside of but connected to any designated critical area or buffer. Retained trees shall meet the standards of Section 20.45.020 and shall be recorded on a form provided by the department, the final plat, and in the abbreviated drainage plan as applicable.

f.

An additional one thousand square feet of hard surface area may be permitted above the coverage limit for each three thousand two hundred fifty square feet of trees and native vegetation that are replanted within any degraded riparian habitat area, as specified in Chapter 24.35, or wetland buffer, as specified in Chapter 24.30. A restoration plan must be prepared by a qualified biologist or other qualified professional, as specified in Section 24.35.310. At the time of planting, evergreen trees shall be at least four feet tall and deciduous trees shall be at least one and one-half-inch caliper. New plantings shall consist of tree species native and appropriate to the area and shall be planted between October to February. Restored areas and replanted trees shall be recorded on a form provided by the department, the final plat, and in the abbreviated drainage plan as applicable. The county may also require that a watering, maintenance and monitoring plan be submitted to ensure their survival.

(Ord. No. 15355, 1(Att. A, § O), 10-18-2016; Ord. No. 16151, § 1(Exh. A, § II), 4-19-2022)