Chapter 17.142
LAND USE STANDARDS
Sections:
17.142.020 General land use standards.
17.142.030 Accessory buildings.
17.142.040 Assisted living facilities, convalescent homes, retirement facilities and similar uses.
17.142.050 Auctioneering facilities - Regional.
17.142.060 Aviation facilities.
17.142.070 Bed and breakfast use.
17.142.080 Commercial/industrial buildings in certain LAMIRDs.
17.142.090 Composting facilities.
17.142.100 Clustered tourist uses.
17.142.110 Fences greater than seven feet.
17.142.120 Home-based businesses that are permitted outright.
17.142.140 Marijuana production and processing.
17.142.150 Marijuana retailers.
17.142.160 Multifamily housing.
17.142.200 Regional recreational facilities.
17.142.210 Surface mining areas.
17.142.220 Transient accommodations other than bed and breakfasts.
17.142.010 Purpose.
The purpose of this chapter is to list standards for various land uses in Lewis County. The general land use standards in LCC 17.142.020 apply to all land uses, and the specific use standards apply in addition to the general requirements. [Ord. 1292 §23, 2018]
17.142.020 General land use standards.
(1) The administrator or hearing examiner shall ensure that the following general standards, in addition to the specific standards for the zoning district and use type, are met when approving a land use.
(2) General Use Findings. General use findings include the requirements that the land use:
(a) Will be harmonious and in accordance with the general and specific objectives of the Lewis County comprehensive plan and zoning regulations.
(b) Will be adequately served by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and waste disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(c) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.
(d) Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(e) Will have vehicular approaches to the property designed as to not create an interference with traffic on surrounding public streets.
(f) Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of major importance.
(g) Will ensure adequate protection is given critical areas, including surface and ground water consistent with the critical areas requirements of Chapter 17.38 LCC.
(h) Will ensure that on-site public facilities, or facilities designed to serve the site, are limited to the project area and are not available to spur growth outside the area of the permit, when located in a rural area.
The administrator or hearing examiner may condition such permits based on written recommendations in environmental documents, and as otherwise necessary to comply with the requirements of this chapter, the county comprehensive plan, development regulations, and environmental regulations.
(3) General Use Standards. The following criteria are used to help determine the conformance with the general findings for land uses:
(a) The applicable portions of the Lewis County Code, and the Lewis County road development standards.
(b) The handling and treatment of dangerous or hazardous waste in accordance with LCC Title 8, Chapter 173-303 WAC, and other applicable standards.
(c) The maximum environmental noise levels established by Chapter 173-60 WAC and incorporated herein by reference, together with any adjustments authorized therein.
(d) The air quality standards adopted by the Southwest Clean Air Agency (SWCAA) and any SWCAA permit issued for a project.
(e) The terms of any permit issued for a project by a resource agency, including Washington State Department of Fish and Wildlife, HPA, water quality permit, Chapter 90.48 RCW, shoreline permit, Chapter 90.58 RCW, or permit issued by the U.S. Army Corps of Engineers.
(f) Conditions imposed in any final environmental determination, mitigated determination of nonsignificance or final environmental impact statement under Chapter 43.21C RCW.
(g) Health standards for wells and drain fields as set forth in sections such as Chapters 8.40 and 8.41 LCC.
(h) Flood hazard standards as set forth in Chapter 15.35 LCC.
(i) Stormwater standards as set forth in Chapter 15.45 LCC.
(j) The supplemental requirements of Chapter 17.145 LCC.
(k) Other applicable standards. [Ord. 1292 §23, 2018]
17.142.030 Accessory buildings.
(1) Accessory buildings and structures shall comply with applicable side setback requirements.
(2) Accessory buildings and structures shall comply with applicable back setback requirements.
(3) On corner lots, accessory buildings in the side setback adjoining a street shall not be erected or altered so as to be nearer to the adjoining street line than 15 feet. [Ord. 1292 §23, 2018]
17.142.040 Assisted living facilities, convalescent homes, retirement facilities and similar uses.
When a special use permit is required for an assisted living facility, convalescent home, retirement facility or similar use, the hearing examiner shall make a written finding that all terms of the state license which govern location and physical development of the facility are met by the application. [Ord. 1292 §23, 2018]
17.142.050 Auctioneering facilities - Regional.
Auctioneering facilities to serve the equipment needs of the transportation, industrial and agricultural industries (including local and regional markets) shall be permitted as a special use. These facilities are deemed to be consistent with the rural character and development patterns of Lewis County so long as the following conditions are met:
(1) Site Characteristics.
(a) The site is at least 80 gross acres and does not exceed 240 gross acres.
(b) The building area on the site does not exceed 80,000 gross square feet.
(c) The site is located within one mile, measured horizontally, from a major transportation corridor.
(2) Services. The use does not require urban services.
(3) Preservation of Rural Areas.
(a) Critical areas and their buffers are preserved on the site.
(b) No critical area variances are needed except to provide access and/or necessary utilities to the site.
(4) Off-Site Impacts. The special use shall adequately mitigate potential off-site impacts, including, but not limited to, parking, noise, lighting, fumes and dust. [Ord. 1292 §23, 2018]
17.142.060 Aviation facilities.
(1) The following conditions apply to aviation facilities that provide landing surface and takeoff for aircraft or heliports used by nine or fewer aircraft:
(a) All landing strips shall be designed, and the runways and facilities oriented, so that the incidents of aircraft passing directly over dwellings during their landing or takeoff patterns is minimized. The facilities shall be located so that traffic does not constitute a nuisance to neighboring uses. The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use.
(b) The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights.
(c) New private use landing strips and heliports shall be allowed in rural or resource zones as a special use, with the standards set forth in FAA regulations in effect on the date of application and subject to the notice requirements of subsection (2)(f) of this section.
(d) For purposes of this section, an ultra-light aircraft for personal use does not require a permit under this section and shall be considered an accessory use for any residential site in excess of five acres.
(2) The following conditions apply to aviation facilities that provide landing surface and takeoff for 10 or more general aviation aircraft:
(a) The minimum lot size shall be 60 acres.
(b) The centerline of any such landing area shall not be located within 500 feet of any property line, building, or structure; provided, that a legal affidavit from adjacent property owner(s) allowing all, or a portion, of that 500 feet as a recorded easement on their property, which is presented as part of a special use permit application, shall be acceptable.
(c) The aviation facility shall comply with the standards set forth in the FAA regulations in effect on the date of application.
(d) Fuels and lubricants associated with the operation of personal use aircraft shall be stored and handled in accordance with pertinent state and county codes.
(e) Compliance with all current federal aviation regulations for the maintenance and operation of aircraft shall be required.
(f) Notification.
(i) Notification of a hearing for a special use permit application shall be sent, by first class mail, to residents within 1,000 feet from any point on a proposed aircraft landing area. This notification is intended to supplement all other notification requirements for special use permit applications found in Chapter 17.05 LCC, and the appropriate notification requirements in Chapter 17.158 LCC.
(ii) The notice of the special use hearing shall also be published in the newspaper of record and in the newspaper of widest circulation in the area affected.
(g) Public aviation facilities shall be located on parcels where the allowed aircraft are at least 500 feet off of the ground prior to crossing a property line on takeoff or landing.
(h) No residential structure shall be closer than 1,000 feet to the proposed air facility.
(i) No place of public assembly shall be located within one-half mile of the end of any such facility.
(j) The hearing examiner shall find, in writing, that the applicant has secured easements and other rights necessary to implement runway protection zones and other safety regulations required by the FAA consistent with the proposed aviation use. [Ord. 1292 §23, 2018]
17.142.070 Bed and breakfast use.
(1) A bed and breakfast use shall only occur in an existing residential dwelling that will be occupied by the homeowner during the operation of the use.
(2) Bed and breakfasts, offering three or more lodging units to travelers and transient guests, shall meet the standards for transient accommodations in Chapter 246-360 WAC. [Ord. 1292 §23, 2018]
17.142.080 Commercial/industrial buildings in certain LAMIRDs.
(1) A special use permit is required in the Small Town Mixed Use, Small Town Industrial and Rural Residential Center/Shoreline Residential zones when certain proposals exceed the sizes specified below:
(a) Commercial/industrial uses, specified in Chapter 17.42 LCC, that exceed 15,000 square feet and do not otherwise require a special use permit in the Small Town - Mixed Use/Commercial (STMU) and the Rural Residential Center/Shoreline Residential (RRC/SR) zones.
(b) Commercial/industrial uses, as specified in Chapter 17.42 LCC, that exceed 20,000 square feet in the Small Town - Industrial (STI) zone.
(c) These provisions do not apply to home-based businesses.
(2) Special Conditions.
(a) The facility shall contain uses of a type and scale found in small towns/rural settlements.
(b) Off-street parking shall be sized to accommodate the intended uses.
(c) The adequacy and rural facility tests of Chapters 17.130 and 17.150 LCC shall be met. [Ord. 1292 §23, 2018]
17.142.090 Composting facilities.
(1) An administrative permit is required for facilities proposed in small town industrial (STI) zones.
(2) Standards. All of the following standards must be met:
(a) Structures are required to be set back at least 100 feet from abutting lot lines if the abutting lot is not zoned RAI or STI. If the abutting lot is RAI or STI, then standard setbacks in Chapter 17.145 LCC apply.
(b) Screening around the perimeter of the site must be provided. Screening may include fences, walls, vegetation, earth berms with vegetation, or a combination of these or other methods. The screening must be at least six feet high and must obscure at least 80 percent visibility of all equipment and structures as seen from rights-of-way and adjacent properties.
(i) All vegetation used for screening must be of sizes, types, numbers and siting adequate to achieve 80 percent opacity within three years.
(ii) All vegetation used for screening must be maintained in a healthy condition. Vegetation used for screening that dies must be replaced within six months. [Ord. 1333 (Exh. E), 2022]
17.142.100 Clustered tourist uses.
(1) Clustered tourist uses incorporate a group of uses that are targeted to the traveling public. These uses include:
(a) Bed and breakfast uses.
(b) Motels/inns.
(c) Food service establishments.
(d) Convenience grocery or fuels.
(2) Convenience tourist uses may be located:
(a) On parcels within the Rural Development District that are located within 1,000 feet of the exit 63 or 68 on- or off-ramps.
(b) Within the Freeway Commercial Zone or Small Town Mixed Use Zone.
(3) The maximum square footage of buildings for an entire group of clustered tourist uses shall be 30,000 square feet. No individual use shall exceed 15,000 square feet in size. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.090]
17.142.110 Fences greater than seven feet.
(1) Fences greater than seven feet in height measured from existing average grade will be permitted along the side and rear property lines if the following information is submitted and administrative approval granted as provided below:
(a) Plan(s) showing the location of the proposed fence on the site plan and all buildings within 50 feet.
(b) Information about the type of fence material, proposed height, and construction details.
(2) The administrative approval shall find the following has been met in the approval decision:
(a) The fence shall not modify or impede existing drainage patterns.
(b) The fence must be erected and maintained within the property lines, and no fence shall be erected to encroach upon a public right-of-way or access easement(s).
(c) The supporting members of the fence, if erected along or adjacent to a property line, shall face the tract or parcel of land upon which the fence is erected.
(d) The maintenance of the fence shall be accessible from the property on which the fence is located. If access is needed from abutting property owners, a maintenance easement shall be established and recorded with the county between property owners. The applicant shall be responsible for obtaining and recording any maintenance easement(s) between property owners and shall provide the recorded easement to Lewis County community development prior to approval.
(e) The fence will not be located within a clear view triangle per LCC 17.145.140.
(f) The placement of the fence will not interfere with above and below ground utility easements and their maintenance. If the proposed fence is within a utility easement, written verification from the appropriate utility company that it does not interfere is required prior to approval.
(g) The building official, planning and public works directors or their designee shall find that the fence as proposed will not be detrimental to the neighborhood in terms of view, light, and air or injurious to traffic safety and meets construction requirements/regulations as prescribed in the Lewis County Code. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.100]
17.142.120 Home-based businesses that are permitted outright.
The following standards apply to home-based businesses that are considered a permitted use:
(1) No more than two persons, other than the family residing on the premises, shall be engaged in such occupation.
(2) The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home business, other than one sign, not exceeding four square feet in area, non-illuminated and mounted on the property; provided, that day care facilities with 10 children or less may use yard areas for recreation.
(4) No traffic shall be generated by such home-based businesses in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home business shall meet the off-street parking requirements as specified in this title and shall not be located in a required front yard. No more than two vehicles used for the operation of the business may be parked on the site at any time.
(5) No equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the subject lots shall be used in a permitted home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.110]
17.142.130 Home-based businesses and isolated small businesses that require an administrative or special use permit.
The following standards apply to home-based businesses and isolated small businesses that require an administrative or special use permit:
(1) Permit Required.
(a) An administrative permit is required for facilities up to 5,000 square feet in size, including home-based businesses that change the outward appearance of a residence or building premises.
(b) A special use permit is required for facilities between 5,000 and 10,000 square feet in size.
(2) New facilities shall be in conformance with the Lewis County critical areas ordinance, and shall be required to identify and take steps to protect resource activities where such activities occur nearby.
(3) All home-based businesses must be located on property contiguous to the parcel upon which the owner or manager resides.
(4) A permit granted under this section shall be applicable to the facilities approved. When an owner desires to move and to move the business, a new permit shall be required.
(5) The cumulative effect of similar uses in the neighborhood must be identified to assure that the land is capable of accommodating the use without creating the need for new services or facilities which are not rural in nature. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.120]
17.142.140 Marijuana production and processing.
(1) The location of all marijuana production and/or processing, including related structures, shall not be closer than 100 feet from any property line when not located in the Small Town Industrial and Rural Area Industrial Districts.
(2) The location of all marijuana production and/or processing, including related structures, shall be on parcels with direct access to a public road.
(3) No marijuana production and/or processing shall occur on parcels less than five acres in area, except in the Small Town Industrial and Rural Area Industrial Districts. A special use permit for marijuana production and/or processing may require odor control measures to protect neighboring properties from potential odor nuisances, as specified by the director of community development pursuant to LCC 5.20.030(1).
(4) No facility used for marijuana production and/or processing shall use permanent standby or portable power generators using combustible fuels as a sole source of electrical power, except during periods of power outages.
(5) Any outside lighting proposed for marijuana production and/or processing, including security lighting, shall have hoods and/or shields to prevent light transmission to neighboring properties.
(6) The position of cameras required for surveillance systems for marijuana production and/or processing shall not intrude on the privacy of neighboring properties.
(7) All structures serving marijuana production and/or processing shall conform to LCC Title 15, except as provided under RCW 19.27.065.
(8) All structures and uses serving production and/or processing of recreational marijuana shall conform to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8.40 LCC or Chapter 173-216, 173-218, or 173-303 WAC, as appropriate, pertaining to sewage or wastewater disposal.
(9) The development of a marijuana producing and/or processing facility that will generate a liquid industrial waste shall address either:
(a) The coordinated disposal with an existing municipal utility sewer treatment plant; or
(b) A permitted tank storage and transport disposal off site to a permitted facility; or
(c) An on-site closed loop system along with treatment and waste characterization.
(10) The development of a marijuana producing and/or processing facility shall implement a fully approved public water supply consistent with Chapter 246-290 WAC or Chapter 8.55 LCC.
(11) All structures and uses serving marijuana production and/or processing shall conform to the licensing requirements of Chapter 5.20 LCC.
(12) In addition to the buffer requirements stated in Chapter 314-55 WAC, marijuana production and/or processing shall not locate within 1,000 feet of any hospital or any family home child care center as defined in WAC 170-296A-1000. The distance shall be measured as the shortest straight-line distance from the property line of the marijuana production or processing facility to the property line of the hospital or family home child care center.
(13) A special use permit granted under Chapter 17.158 LCC for marijuana production and/or processing shall expire automatically if the Washington State Liquor and Cannabis Board revokes the facility’s valid license issued under Chapter 314-55 WAC or if the facility’s license under Chapter 5.20 LCC expires, is revoked, or ceases to be valid. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.130]
17.142.150 Marijuana retailers.
(1) External security lighting for marijuana retailers shall shield glare or light transmission to neighboring properties.
(2) The position of cameras required for surveillance systems for marijuana retailers shall not intrude on the privacy of neighboring properties.
(3) Marijuana retailers shall conform to LCC Title 8, pertaining to solid waste disposal, and to Chapter 8.40 LCC or Chapter 173-216, 173-218, or 173-303 WAC, as appropriate, pertaining to sewage or wastewater disposal.
(4) Marijuana retailers shall implement a fully approved public water supply if and to the extent required by Chapter 246-290 WAC and Chapter 8.55 LCC.
(5) All structures and uses serving marijuana retail shall conform to LCC Title 15, except as provided under RCW 19.27.065.
(6) All structures and uses serving marijuana retail shall conform to the licensing requirements of Chapter 5.20 LCC.
(7) Marijuana retailers shall locate on parcels with direct access to the following transportation routes under the standards of the Washington State Department of Transportation: state highways, arterials, and major collectors.
(8) In addition to the buffer requirements stated in Chapter 314-55 WAC, marijuana retailers shall not locate within 1,000 feet of any hospital or any family home child care center as defined in WAC 170-296A-1000. The distance shall be measured as the shortest straight-line distance from the property line of the marijuana retailer to the property line of the hospital or family home child care center.
(9) No marijuana retailer shall locate on a parcel that is within the same ZIP postal code region as any other marijuana retailer, except that in the region corresponding to the 98532 postal code, one retailer may locate on each side of Interstate 5. Only marijuana retailers in unincorporated Lewis County shall be counted when considering this limitation: Marijuana retailers located within an incorporated town or city shall not preclude the location of another retailer within the same ZIP code.
(10) A special use permit granted under Chapter 17.158 LCC for a marijuana retailer shall expire automatically if the Washington State Liquor and Cannabis Board revokes the facility’s valid license issued under Chapter 314-55 WAC or if the facility’s license under Chapter 5.20 LCC expires, is revoked, or ceases to be valid. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.140]
17.142.160 Multifamily housing.
(1) Multifamily housing is only allowed in LAMIRDs that have centralized water and wastewater facilities that are able to accommodate the density of the units.
(2) The density of a multifamily housing development shall not exceed 24 units per acre. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.150]
17.142.170 Public facilities.
Public utility buildings, telephone exchanges, sewage pump stations, electrical distribution substations, and similar developments necessary for the operation of utilities shall comply with the following requirements:
(1) If the installation is housed in a building, the building shall conform architecturally with the surrounding buildings or the type of buildings that are likely to develop in the districts.
(2) Any unhoused or housed installations that do not conform to the architectural requirements of subsection (1) of this section shall be surrounded by sight-obscuring planting.
(3) Any unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed by a wire fence at least eight feet in height.
(4) All buildings, installations, and fences shall observe the yard requirements for buildings in the district in which they are located. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.160]
17.142.180 Religious buildings, community centers, grange halls, and similar structures for public assembly.
(1) New religious buildings, community centers, grange halls and similar quasi-public use buildings in residential use districts shall not cover more than 35 percent of their lots.
(2) Off-street parking shall be required and shall meet the standards of Chapter 17.145 LCC. [Ord. 1292 §23, 2018]
17.142.200 Regional recreational facilities.
The following standards apply to regional recreational facilities:
(1) Permanent access roads and permanent parking areas shall be hard surface to reduce mud and dust.
(2) Pistol, rifle, skeet, and other shooting facilities, which encourage education and training in the safe use of lawful firearms, shall include a noise and range safety evaluation for property within one-half mile of the proposed range. The hearing examiner must specifically find that the range does not pose a safety hazard to any resident within the surrounding area. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.190]
17.142.210 Surface mining areas.
(1) Applicability. This section applies to the creation of new surface mining areas or the expansion of lawfully permitted activities beyond an approved DNR reclamation plan area in effect on July 26, 1999; provided, however, this does not cover any mining activity which is less than three acres in size.
(2) Mine Development Standards. All permits issued pursuant to this section shall require the following minimum standards. The hearing examiner may increase buffers and mitigation when good cause is shown.
(a) Setbacks/Screening.
(i) A 50-foot setback from the mine property and from all abutting property, consistent with and subject to the reduction provisions of LCC 17.30.810, shall be maintained for areas of direct cut or fill connected with resource extraction operations. For mining operations, the setbacks may be increased when necessary to provide lateral support for abutting properties or public rights-of-way.
(ii) A 25-foot-wide screen, consisting of sight-obscuring vegetation, berms, or other methods approved by Lewis County, shall be maintained within the 50-foot setback on the mine property. This screen is meant to conceal the mine from public rights-of-way and/or property used for residential purposes.
(iii) Any direct extraction operation areas within a public utility right-of-way shall be subject to the written conditions of approval from the affected utility, which shall be incorporated into the permit.
(iv) A 200-foot setback shall be maintained between any mining activity and any existing structure occupied for sleeping or eating purposes but not including accessory structures such as barns or outbuildings, existing at the date of application.
(b) Road Use. To assure the maintenance and development of adequate county roadways, owners of surface mining operations may be required to enter into a haul route agreement with the county engineer upon adoption and implementation of a haul route agreement program. The haul route agreement shall address impacts immediately attributable to the project use.
(c) Traffic Safety. The operator may be required to install traffic improvement, control, and warning signs to assure adequate access and traffic safety.
(d) Noise/Bright Lights.
(i) No development or activity shall exceed the maximum environmental noise levels established by Chapter 173-60 WAC.
(ii) Bright lights shall be shaded or shielded from adjoining residential properties.
(e) Surface Mining Operation within Critical Aquifer Recharge Areas. Surface mining operations within critical aquifer recharge areas (as designated in Chapter 17.38 LCC) shall meet the following standards:
(i) Fuel tanks and oil drums shall be double containment construction and protected by bermed areas having adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Fuel nozzles shall not contain locking devices. Fuel storage shall be above ground. Fueling of mobile equipment shall be located at least 20 feet above the seasonal high ground water level or within lined and bermed areas with adequate capacity to accommodate, contain, and allow the removal of petroleum spills. Where the nature of the operation is such that the machinery cannot be moved for fueling, or the aquifer is less than 20 feet from the surface, the hearing examiner may approve an alternative fueling plan which accomplishes aquifer protection.
(ii) All operations shall maintain a fuels/hazardous waste management plan maintained by the operator and available on the site at all times.
(iii) Surface mines shall not use any noxious, toxic, flammable, compactable, or combustible materials not specifically authorized by Lewis County department of health for backfill or reclamation. Noncontaminated process water used for gravel washing shall be routed to settling ponds to minimize off-site discharges. A general permit from the Department of Ecology for process and stormwater discharge may substitute for these requirements.
(iv) On-site truck and equipment wash runoff shall be routed to retention facilities equipped with an oil-water separator prior to its release to settling ponds.
(v) Use of chemicals, petroleum or hazardous products, and disposal of such products, in concrete or asphalt plant operations within critical aquifer recharge areas shall meet the standards set forth in Chapter 90.48 RCW and Chapter 173-303 WAC.
(f) Public Safety. Owners of surface mines shall ensure their operation(s) will not be hazardous to neighboring uses. Blasting activities shall be conducted so that ground vibrations comply with all state laws about peak particle velocity, air pressure, and other state requirements, including but not limited to Chapter 9 of the Blasting Guidance Manual identified below. All fly-rock shall be contained within the site. All activities shall comply with the standards set forth in official guidelines, including but not limited to Office of Surface Mining U.S. Department of Interior, Blasting Guidance Manual, 1987 ed., Explosives: WAC 296-52-493, Part F, or as revised.
(g) Surface Water Permit. A National Pollutant Discharge Elimination System (NPDES) sand and gravel general permit or individual permit, as appropriate, shall be a condition of approval and incorporated herein by reference.
(h) Hours of Operation. Regular hours of operation shall be between the hours of 6:30 a.m. and 7:00 p.m.; blasting shall only occur during the time period between 10:00 a.m. and 4:00 p.m. Prior to any blast, 24-hour notice shall be given to all property owners or residences within 500 feet of any mine property line. If a blast does not occur as scheduled in a notification, 24-hour renotification shall be required. The hearing examiner may inquire into the proposed hours of operation and set additional limits when deemed necessary to protect quiet enjoyment of neighboring residential properties. The hearing examiner may include provisions for exceptions from established regular hours of operation. Extended hours may be requested and approved under conditions set by the hearing examiner, particularly for work on public works contracts where an emergency may require work outside regular hours.
(3) Exceptions. This permit process shall not be applicable to mines regulated under federal mining laws. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.200]
17.142.220 Transient accommodations other than bed and breakfasts.
(1) Site Ownership.
(a) Transient accommodations with multiple parcels shall consolidate the lots into one larger parcel and ownership (as part of the application).
(b) No division of the ownership of transient accommodations is allowed.
(2) Access and Circulation. Transient accommodation sites shall meet the relevant county and state access and circulation standards.
(3) State Requirements. Conformity with the transient accommodation standards in Chapter 246-360 WAC shall be required. [Ord. 1333 (Exh. E), 2022; Ord. 1292 §23, 2018. Formerly 17.142.210]