§ 23.05.080. Development standards.

A.

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

Table 5.04

Commercial Development Standards

(including mixed commercial/residential buildings)

District	Neighborhood Center	Neighborhood Village	Urban Village	Community Oriented Shopping Center	Other Standards
Minimum lot size	5,000 square feet	5,000 square feet	None.	None.
Front yard setback	10′ maximum	10′ maximum	10′ maximum	10′ maximum	1. 50′ minimum setback for agriculture buildings (or structures) which house animals other than pets. 2. Section 23.40.060C, clear sight triangle requirements. 3. 23.05.080I1 4. 23.05.080K 5. 23.05.080L
Minimum rear yard setback (Note: One use shall not be considered next to another use or district if a street or road intervenes.)	None, except: 1. 15′ minimum + 5′ for each building floor above 2 stories next to an R-4, R 4—8, or R 6—12 district, or a single-family dwelling, duplex, manufactured home, or townhouse. 2. 10′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 15′ minimum + 5′ for each building floor above 2 stories next to an R-4, R 4—8, or R 6—12 district, or a single-family dwelling, duplex, manufactured home, or townhouse. 2. 10′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 20′ minimum + 5′ for each building floor above 2 stories next to an R-4, R 4—8, or R 6—12 district, or a single- family dwelling, duplex or townhouse. 2. 15′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 20′ minimum + 5′ for each building floor above 2 stories next to an R-4, R 4—8, or R 6—12 district, or a single- family dwelling, duplex or townhouse. 2. 15′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	1. 50′ minimum setback for agriculture buildings (or structures) which house animals other than pets. 2. 23.05.080K 3. 23.05.080L

 

Table 5.04 (Cont.)

District	Neighborhood Center	Neighborhood Village	Urban Village	Community Oriented Shopping Center	Other Standards
Minimum side yard setback (Note: One use shall not be considered next to another use or district if a street or road intervenes.)	None, except: 1. 10′ maximum on flanking street. 2. 15′ minimum + 5′ for each building above 2 stories next to R-4, R 4—8, or R 6—12 district, or a single-family, duplex, manufactured home, or townhouse. 3. 10′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 10′ maximum on flanking street. 2. 15′ minimum + 5′ for each building floor above 2 stories next to R-4, R 4—8, or R 6—12 district, or a single- family, duplex, manufactured home, or townhouse. 3. 10′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 10′ maximum on flanking streets. 2. 20′ minimum + 5′ for each building floor above 2 stories next to R-4, R 4—8, or R 6—12 district, or a single- family, duplex, manufactured home, or townhouse. 3. 15′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	None, except: 1. 10′ maximum on flanking street. 2. 20′ minimum + 5′ for each building floor above 2 stories next to R-4, R 4—8, or R 6—12 district, or a single- family, duplex, manufactured home, or townhouse. 3. 15′ minimum + 5′ for each building floor above 2 stories next to other residential district or a multifamily.	1. 50′ minimum setback for agriculture buildings (or structures) which house animals other than pets. 2. Section 23.40.060C, clear sight triangle requirements. 3. 23.05.080K 4. 23.05.080L
Maximum building height	2 stories, up to 30 feet for commercial structures; or 3 stories, up to 45 feet for residential or mixed-use structures.	2 stories, up to 30 feet for commercial structures; or 3 stories, up to 45 feet for residential or mixed-use structures. Except: 2 stories, up to 35 feet within 100 ft. of R-4, R 4—8, or R 6—12 district.	3 stories, up to 45 feet. Except: 2 stories, up to 35 feet within 100 ft. of R-4, R 4—8, or R 6—12 district.	3 stories, up to 45 feet. Except: 2 stories, up to 35 feet within 100 ft. of R-4, R 4—8, or R 6—12 district.	23.05.080M
Maximum business occupancy size (gross floor area)	5,000 square feet	5,000 square feet	15,000 square feet, except: one grocery store may be up to 50,000 square feet	15,000 square feet, except: one building may be 50,000 square feet	Residential floor area in a mixed-use building shall not be counted in determining the maximum building size.
Maximum building coverage	70%	70%	70%; or 85% if at least 50% of the required parking is under the building or in a structure.	70%; or 85% if at least 50% of the required parking is under the building or in a structure.
Maximum impervious surface coverage	85%	85%	85%	85%

 

Table 5.05

Residential Development Standards

District	Neighborhood Center	Neighborhood Village	Urban Village	Community Oriented Shopping Center	Additional Regulations
Maximum housing density (in units per acre)	12, or the lowest abutting zoning density district, whichever is greater	24	24	24	23.05.080B
Maximum average housing density (in units per acre)	12, or the lowest abutting zoning density district, whichever is greater	13	14	13	23.05.080B
Minimum average housing density (in units per acre)	7	7	7	7	23.05.080C
Minimum lot size	3,500 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 7,200 sq. ft. = multifamily 5,000 sq. ft. = other	1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,500 sq. ft. = other	1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,000 sq. ft. = other	1,600 sq. ft. = cottages 3,000 sq. ft. = zero lots 1,600 sq. ft., minimum 2,400 sq. ft. average = townhouses 6,000 sq. ft. = duplex 7,200 sq. ft. = multifamily 4,000 sq. ft. = other	23.05.080D 23.05.080E 23.05.080F 23.64 (Townhouses)
Minimum lot width	50′ except: 30′ = cottages 40′ = zero lots 18′ = 1 story townhouses 16′ = 2 story townhouses 80′ = duplex	50′ except: 30′ = cottages 40′ = zero lots 18′ = 1 story townhouses 16′ = 2 story townhouses 70′ = duplexes 80′ = multifamily	50′ except: 30′ = cottages 40′ = zero lots 18′ = 1 story townhouses 16′ = 2 story townhouses 70′ = duplexes 80′ = multifamily	50′ except: 30′ = cottages 40′ = zero lots 18′ = 1 story townhouses 16′ = 2 story townhouses 70′ = duplexes 80′ = multifamily	23.05.080G

 

Zero lot = A lot with only one side yard.

Table 5.05 (Cont.)

District	Neighborhood Center	Neighborhood Village	Urban Village	Community Oriented Shopping Center	Additional Regulations
Minimum front yard setbacks	20′ except: 10′ with side or rear parking or on flag lots	20′ except: 10′ with side or rear parking or on flag lots	20′ except: 10′ with side or rear parking or on flag lots	20′ except: 10′ with side or rear parking or on flag lots	23.05.080H 23.40.060C, Clear Sight Triangle
Maximum front yard setback	25′	25′	25′	25′	23.05.080I 23.05.080K
Minimum rear yard setbacks	20′	20′ except: 15′ for multifamily; 10′ for cottages, wedge-shaped lots and zero lots.	15′ except: 10′ for cottages, wedge-shaped lots and zero lots; 20′ with alley access.	20′ except: 15′ for multifamily; 10′ for cottages, wedge shaped lots and zero lots.	23.05.080K 23.05.080L 23.05.080E2
Minimum side yard setbacks	5′ except: 10′ along flanking streets.	5′ except: 10′ along flanking streets; 6′ on one side of zero lots; 3′ for cottages.	5′ except: 10′ along flanking streets 6′ on one side of zero lots; 3′ for cottages.	5′ except: 10′ along flanking streets; 6′ on one side of zero lots; 3′ for cottages.	23.05.080J 23.05.080K 23.05.080L 23.40.060C, Clear Sight Triangle
Maximum building height	2 stories or 35′ whichever is less, except: 16′ for accessory buildings.	3 stories or 35′, whichever is less, except: 25′ for cottages; 16′ for accessory buildings.	3 stories or 35 whichever is less, except: 25′ for cottages; 16′ for accessory buildings.	3 stories or 35′ whichever is less, except: 25′ for cottages; 16′ for accessory buildings.	23.05.080M
Maximum building coverage	50%	50%	50%	50%
Maximum impervious surface coverage	70%	70%	70%	70%	23.64 (Townhouses)
Minimum open space	1 acre	5% plus 450 square feet/unit for cottage developments; 30% for multifamily.	5% plus 450 square feet/unit for cottage developments; 30% for multifamily.	5% plus 450 square feet/unit for cottage developments; 30% for multifamily.	23.05.080N

 

Zero lot = A lot with only one side yard.

B.

Maximum Housing Densities.

1.

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

a.

The area within critical areas shall not be counted; however, critical area buffers shall be included in the density calculation consistent with Title 24 or Chapter 17.15 TCC, as applicable.

b.

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

c.

The following requirements shall apply to all villages and centers:

i.

The density of a village center (as delineated in a master plan approved pursuant to Chapter 23.57, Master Planned Development) and the density of the remainder of the project shall be calculated separately from one another.

ii.

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

2.

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

3.

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

4.

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

5.

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

a.

Bonus for Restoring Degraded Sites.

i.

At the request of the applicant, the hearing examiner may grant a density bonus of up to twenty percent for sites on which damaged or degraded wetlands or stream corridors (e.g., streams and stream banks within the outer limits of the buffer required by Chapter Title 24 or Chapter 17.15 TCC, as applicable) will be restored and maintained according to specifications approved by the County.

ii.

Property owners within three hundred feet of the site shall be given notice of the proposal and fifteen days to comment. Such notice may be done concurrently with any other notice required by this code.

iii.

Prior to taking action on a request for a density bonus, the hearing examiner shall consider:

(A)

The applicable Comprehensive Plan policies;

(B)

The public's comments;

(C)

The expected public benefit that would be derived from such restoration;

(D)

The net effect of the restoration and the increased density on the site;

(E)

The relative cost of the restoration and the value of the increased density; and

(F)

The potential impact of increased density on surrounding land uses, traffic, infrastructure, schools, and parks.

iv.

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

b.

Bonus for Low Income Housing.

i.

A density bonus shall be granted for low income housing (see Section 23.02.180, Definitions) at the rate of one additional housing unit allowed for each unit of low income housing provided, up to a maximum of a twenty percent density bonus.

ii.

The applicant shall submit to the department a document approved by the prosecuting attorney stating that the low income housing which is the basis for the density bonus shall remain as part of the development for at least twenty years. This time period shall begin on the date that final inspection of all of the low income housing has been performed. This document shall be recorded, at the applicant's expense, at the Thurston County auditor's office as part of the chain of title of the affected parcels.

C.

Minimum Housing Densities.

1.

Calculation of Minimum Density. The minimum average densities specified in Table 5.05 are based on the entire site, with the following limitations (Note: Table 5.05 in Chapter 23.05).

a.

The entire site shall be included in the minimum density calculation except environmentally critical areas and their associated buffers (see Title 24 or Chapter 17.15, TCC, as applicable) tracts accommodating stormwater facilities required in compliance with the Drainage Design Manual; existing, opened street rights-of-way; and land to be sold or dedicated to the public, (e.g., school sites and public parks) but not street rights-of-way to be dedicated as part of the proposed development.

b.

All dwelling units in convalescent homes/nursing homes and accessory units count toward the minimum density required for the site by Table 5.05, in the same manner as provided above in Section 23.05.080B3, Maximum Housing Densities—Convalescent Homes and 23.05.080B4 Maximum Housing Densities—Accessory Dwelling Units.

c.

The following requirements shall apply to all villages and centers:

i.

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

ii.

There shall be no minimum density requirement for a village center other than the requirement for mixed use buildings specified in Section 23.05.050C2, Village/Community Center—Mixed Use, above.

iii.

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

2.

Average Density. A housing project may contain a variety of housing densities provided that the average density for the entire development (i.e., all of the property subject to a single master planned development approval) is neither less than the minimum density nor more than the maximum density established for the district in Table 5.05. No part of the development, however, may exceed the maximum density established in row one of Table 5.05 (see Section 23.05.080B2, Maximum Densities).

3.

Density Allowance for Site Constraints. At the request of the applicant, the director or hearing examiner may reduce the minimum density required in Table 5.05, to the extent s/he deems warranted, in order to accommodate site constraints which make development at the required minimum density impractical or inconsistent with the purposes of this title (e.g., poor soil drainage, the presence of springs, steep topography (e.g., over twenty percent), rock outcrops, or wellhead protection areas). As a condition of granting a density reduction, the applicant must demonstrate that the minimum density cannot be achieved by clustering the housing on the buildable portions of the site (see Section 23.05.080F, Clustered Housing).

4.

Density Allowance for Natural Features/Habitat Protection. At the request of the applicant, the director may reduce the minimum densities to the extent necessary to accommodate trees required to be retained. (Also see Section 23.05.080F1, Mandatory Clustering.) At the request of the applicant, the director may also authorize a reduction in the minimum density requirements in order to enable retention of significant wildlife habitat identified on Map 2-4 in the Comprehensive Plan.

D.

Minimum Lot Size.

1.

Nonresidential Uses. The minimum lot size for nonresidential uses (e.g., churches and schools) may be larger than the minimum lot size identified in Tables 5.04 and 5.05. Refer to Table 4.01, Permitted and Special Uses in Residential Districts, and Section 23.04.060, Residential Districts' Use Standards, for regulations pertaining to nonresidential uses in residential areas. Also see Section 23.04.060(11), Group Homes, for the lot size requirements for group homes.

2.

Clustered Lots. Lot sizes may be reduced by up to twenty percent consistent with Section 23.05.080F, Clustered Housing.

E.

Transitional Lots.

1.

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

2.

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

F.

Clustered Housing.

1.

Mandatory Clustering.

a.

Criteria for Clustering. The director or the hearing examiner may require that the housing units allowed for a site be clustered on a portion of the site in order to achieve any of the following criteria:

i.

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

ii.

Enable retention of trees; or

iii.

Preserve significant wildlife habitat identified on Map 2-4 of the Comprehensive Plan; or

iv.

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

v.

Preserve scenic vistas pursuant to Sections 23.20.070, Site design—View preservation, and 23.50.100, Scenic vistas; or

vi.

Enable creation of buffers between incompatible uses (see Chapter 23.36, Landscaping and Screening).

b.

Degree of Clustering.

i.

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

ii.

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

2.

Optional Clustering.

a.

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

i.

To meet the criteria listed in Section 23.05.080F1, Mandatory Clustering above; or

ii.

To avoid development on slopes steeper than twenty percent; or

iii.

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

iv.

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

b.

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

G.

Lot Width.

1.

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

2.

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

a.

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

b.

Lot widths shall be varied by a minimum of six-foot increments.

c.

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

3.

Minimum Street Frontage.

a.

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

Figure 5-2

b.

Exception: The county may allow the street frontage to be reduced (creating a flag lot) to the minimum extent necessary to enable access to property where public street access is not feasible (e.g., due to physical site conditions or preexisting development) or to protect environmentally critical areas (see Title 24 or Chapter 17.15, TCC as applicable).

c.

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

i.

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

ii.

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

iii.

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

iv.

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

H.

Front Yard Setbacks.

1.

Front yard setbacks for residential uses may be reduced to a minimum of ten feet under the following conditions:

a.

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

b.

When the garage is located at least ten feet behind the front facade of the primary structure on the lot; or

c.

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

2.

Such setback reductions shall not be allowed where they would result in a setback of fifty percent or less than the setback of an existing dwelling on an abutting lot fronting on the same street. (See design guidelines, Section 23.05A.280, Duplex, triplex, etc.—Building design—Garage design.)

I.

Maximum Front Yard Setbacks.

1.

Proportion of Structure to be Built Within Setback.

a.

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

b.

At least seventy percent of the front facade of buildings fronting on a village or center green or park must be on or within the maximum front setback line.

2.

Garage Placement.

a.

Garages shall be flush with or recessed behind the front facade of the primary residence on the lot. This requirement does not apply to garages with doors which do not face the street. (See Section 23.05A.280, Duplex, triplex, etc.—Building design—Garage design.)

b.

Garages shall not comprise more than fifty percent of the front facade of the primary residential dwelling on the lot.

3.

Allowance for Physical Site Constraints and Sensitive Uses. The approval authority may allow larger setbacks than required by Table 5.05 to accommodate steep or difficult topography, views, rock out-crops, environmentally critical areas, or trees designated for preservation. The approval authority may also make allowances for nonresidential uses such as schools, nursing homes, public facilities, or utilities which may be sensitive to traffic noise or warrant greater separation from adjoining uses due to their potential impacts.

4.

Flag Lots. Maximum front yard setbacks do not apply to flag lots. (See Section 23.02.180, Definitions.)

J.

Side Yard Setbacks.

1.

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

a.

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

b.

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

Zero Lot Line Housing

Figure 5-3

2.

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

K.

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

L.

Encroachment Into Setbacks.

1.

Required setback areas shall be kept free of any building or structure higher than forty-two inches.

2.

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

a.

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

b.

Cornices, window sills, bay windows, flues and chimneys, planters, and roof eaves may project two feet into the required yard area;

c.

Marquees and awnings for commercial uses;

d.

Fences in compliance with the fence height requirements specified in Section 23.40.060D, Fences/Hedges;

e.

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

f.

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

Front/Street

Figure 5-4

M.

Height.

1.

Buildings Fronting on Village/Center Greens. Buildings in villages and community oriented shopping centers which front onto the required park or green (see Section 23.05.080N2, Private and Common Open Space—Villages and Community Oriented Shopping Centers) shall be at least two stories in height. This requirement does not apply to food or grocery stores.

2.

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

3.

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

a.

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

b.

Fire or parapet walls;

c.

Skylights;

d.

Clock towers;

e.

Flagpoles;

f.

Chimneys;

g.

Smoke stacks;

h.

Wireless masts;

i.

T.V. antennas;

j.

Steeples; and

k.

Similar structures.

4.

Tall Buildings. Buildings over thirty-five feet in height must comply with the following requirements:

a.

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

b.

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

5.

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

6.

Freestanding Ornamental Structures. Freestanding ornamental structures such as clock towers, sculptures, monuments or other similar features approved as part of a master plan (see Chapter 23.57, Master Planned Development) shall not exceed sixty feet in height. These structures shall be located in the village center (see Section 23.05.050C, Village Center) and shall not contain signage.

7.

Radio and Television Transmitting and Receiving Towers. The height of radio and television transmitting and receiving towers may exceed the maximum building height allowed in the district, subject to approval of the hearing examiner consistent with Section 23.04.060(26).

8.

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

9.

Perimeter Buildings. Except as otherwise provided in Section 23.05.080M, Height, buildings located within one hundred feet of the boundary of the village or center shall not exceed two stories or thirty-five feet, whichever is less.

N.

Private and Common Open Space.

1.

Development of Open Space.

a.

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

b.

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

c.

The director or hearing examiner may increase the impervious surface coverage limits specified in Table 5.05 by up to five percent to accommodate the walkways and recreational uses listed above (see also Chapter 2, Landscaping and Screening).

2.

Villages and Community Oriented Shopping Centers.

a.

Neighborhood villages, urban villages, and community oriented shopping centers shall contain at least five percent open space available for public use or common use. Ownership of open space areas and type of access will be determined during the master planned development review (see Chapter 23.57, TCC). As much as fifty percent of this open space may be comprised of environmentally critical areas and associated buffers (see Title 24 or Chapter 17.15, TCC, as applicable).

b.

These villages and centers must contain a neighborhood park or green between one and four acres in size located in the village or community center. This park or green shall have an average slope no greater than five percent; adequate drainage to allow active use in summer; and a width and length of no less than one hundred and fifty feet.

3.

Cottage Housing Developments.

a.

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

b.

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

4.

Multifamily Housing.

a.

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

b.

At least fifty percent of the open space required in Section 23.05.080N4a above shall be available for the common use of all residents of the multifamily housing.

c.

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

(Ord. 11501 §§ 17, 18, 1997: Ord. 11274 § 3 (part), 1996)

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