Chapter 19.55
PERFORMANCE STANDARDS – INDUSTRIAL/MANUFACTURING ZONES
Sections:
19.55.020 Applicability and review authority.
19.55.060 Fire and safety hazards.
19.55.080 Emissions, dust and odors.
19.55.090 Liquid, solid and hazardous wastes.
19.55.100 Screening and landscaping.
19.55.110 Regulation conflict.
19.55.010 Purpose and intent.
In accordance with the adopted comprehensive plan, performance standards and associated landscaping/screening requirements bear a substantial relationship to community welfare and safety by promoting compatibility between land uses and enhancing the livability of residential lands, while limiting potentially harmful externalities that impact community aesthetics and public health. These standards are designed to protect and/or enhance aesthetic character, and ensure the compatibility of industrial/manufacturing development through the application of performance standards and landscaping/screening requirements, as more specifically set forth in this chapter. Application of these standards does not preclude the enactment and enforcement of applicable deed restrictions, covenants, codes and restrictions (CC&Rs) or other requirements that are more restrictive. (Ord. 3019 § 1, 2007).
19.55.020 Applicability and review authority.
These performance standards shall apply to all industrial- and manufacturing-zoned land, including the following zoning classifications: LI-A, LI-B, HI and C/I. Existing uses may be specifically exempted from the outdoor storage and screening and landscaping standards as set forth in applicable sections. The reviewing/approval authority shall be the city official charged with issuing a decision on the underlying permit (e.g., building permit, etc.). (Ord. 3175 § 8, 2011; Ord. 3019 § 1, 2007).
19.55.030 Outdoor storage.
Open storage shall not be located within 10 feet of each property line directly abutting a residential zone. Existing operations that utilize outdoor storage are not subject to the 10-foot rule if storage continues in its accustomed manner within the existing footprint. Outdoor storage of all hazardous materials including petroleum shall be in accordance with all applicable federal, state and local rules. Outside storage shall be permitted only for materials which are associated with the principal use or manufacturing process on the lot and that meet the standards of this chapter, including the screening and landscaping requirements of LMC 19.55.100. (Ord. 3019 § 1, 2007).
19.55.040 Noise.
The noise emanating from premises used for industrial and other activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness and shall not exceed those standards established within the state noise law, including Chapter 70.107 RCW and Chapter 173-60 WAC and those applicable standards of LMC 9.22.050. (Ord. 3254 § 2, 2013; Ord. 3019 § 1, 2007).
19.55.050 Lighting and glare.
Industrial and exterior lighting shall not be used in a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property, and to not interfere with the use of nearby properties. Artificial lighting shall be hooded and oriented towards the ground so that direct rays do not fall on adjacent residential districts, developed or undeveloped. (Ord. 3019 § 1, 2007).
19.55.060 Fire and safety hazards.
The storage and handling of flammable and combustible liquids, liquefied petroleum, gases, explosives and flammable and/or combustible materials shall comply with all applicable federal, state and local rules (e.g., 40 CFR 112, Chapter 173-180 WAC, etc.). (Ord. 3019 § 1, 2007).
19.55.070 Vibration.
Uses shall not create continuous or intermittent vibrations, either earthborne or airborne, which become a nuisance or hazard beyond property lines. (Ord. 3019 § 1, 2007).
19.55.080 Emissions, dust and odors.
Air emissions shall meet applicable regulations of the Southwest Washington Clean Air Agency or other applicable federal, state or local laws. Emission of offensive gases or vapors shall not be permitted to exceed the odor threshold established by the Southwest Washington Clean Air Agency or other applicable agency with jurisdiction as measured at any point along the lot or lots on which the use or structure is located. No dust from the site shall be detectable by a person of ordinary sensitivity without instruments at any point outside the lot lines of the industrial use. Dust created by an industrial operation shall not be exhausted or wasted directly into the atmosphere. Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, wetting, covering or other means, such as to render the surface wind resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material such as coal, sand, cinders, slag, sulfur, etc. (Ord. 3019 § 1, 2007).
19.55.090 Liquid, solid and hazardous wastes.
Any on-site or off-site hazardous waste generation, treatment, storage and/or disposal shall meet the requirements established by Chapter 70.105 RCW, and Chapters 173-303 and 173-340 WAC, and other applicable federal, state and local regulations. No use shall discharge into the air, storm drains, sewer systems, surface storm water drainageways, or across lot boundaries any toxic or noxious gases or matters in any concentrations as to be detrimental to or endanger the public health, safety or welfare, the surrounding environment, or cause injury or damage to animals, vegetation, property, or adjacent and nearby businesses. The disposal of all industrial waste types shall be governed by the regulations and standards of applicable state and federal agencies. (Ord. 3019 § 1, 2007).
19.55.100 Screening and landscaping.
Industrial/manufacturing development or substantial additions or expansions of existing development initiated after the effective date of the ordinance codified in this chapter shall adhere to the standards of this section. For the purposes of this section, “substantial additions or expansions of existing development” shall include any existing structure or operation/use that increases in size by more than 35 percent within any time period. For structures less than 10,000 square feet or developed sites that are less than one acre in size, as measured by calculating the total footprint of all structures, parking and loading areas and other developed features, the threshold shall be 50 percent within any time period. Where more than one structure or use exists on a site, the threshold shall be applied cumulatively to the total square footage of all existing structures and uses.
(1) Landscape Design and Screening Standards.
(a) Parking Areas. A minimum of 10 percent of the total surface area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of “evenly distributed” shade trees with shrubs and/or ground cover plants that conform to the criteria in this section. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per six parking spaces on average shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All parking area landscapes shall have dimensions of not less than 24 square feet of area, or not less than four feet in width by six feet in length, to ensure adequate soil, water, and space for healthy plant growth. Stormwater bioretention facilities may be incorporated into the parking lot landscaping design and used to satisfy these requirements.
(b) Parking/Maneuvering Area Adjacent to Streets, Drives and Residential Areas. Where a parking/maneuvering area is adjacent to a street or driveway or a residential zoning district, an evergreen hedge, decorative wall (masonry or similar quality material) with openings, arcade, trellis, or similar partially opaque structure a minimum of three feet in height shall be established between the street or driveway and the parking/maneuvering area. Evergreen hedges used to comply with this standard shall be a minimum of three feet in height at maturity, and shall be of such species, number, and spacing to provide the required screening within one year after planting. Any areas outside of public rights-of-way between the wall/hedge and the street/driveway line shall be landscaped with plants or other vegetative ground cover.
(c) Screening of Mechanical Equipment, Outdoor Storage, and Service and Delivery Areas, and Other Screening. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas shall be screened from view from all public streets and adjacent residential districts. Such screening shall be provided by a decorative wall (i.e., masonry or similar quality material), evergreen hedge, dense landscaping, opaque fence complying with the standards of this section, or a similar feature that provides an opaque barrier. Mechanical equipment that is not situated at or near ground level (e.g., atop structures, etc.) shall be screened using reasonable methods. A chain link fence containing slats does not qualify as a sight-obscuring fence for the purposes of this section.
(d) Abutting and Adjacent Residential Zoning Districts. Industrial uses which abut residential zones on side and/or rear property lines shall provide a sight-obscuring fence or wall a minimum of six feet in height. The approval authority may require a fence in excess of six feet high if deemed necessary to adequately buffer the proposed use and protect the public interest. A chain link fence containing slats does not qualify as a sight-obscuring fence for the purposes of this section. In addition to fencing, landscaping shall be provided by the applicant utilizing the standards of this section. Industrial uses adjacent to residential zones but divided by a street or other public right-of-way, railroad right-of-way, natural or manmade drainageway or other similar feature shall provide and maintain a landscaped planting strip a minimum of 10 feet in width along side and rear property lines. The plantings shall be comprised of a largely view-obscuring arrangement of evergreen trees, shrubs, and similar vegetation not less than six feet in height. A site may be exempted from the standards of this section if an existing dense natural buffer that provides for equivalent screening will be preserved or enhanced.
(e) Front Yards and Frontage Landscaping Improvements. To increase the compatibility and appearance of industrial uses with that of other adjacent and nearby uses, front yards per the definition of Chapter 19.09 LMC, excluding ingress and egress points, shall be landscaped to include landscaping that enhances the property and provides visual buffering. In recognition of the multitude of potential uses within industrial zones, no specific numerical standard is specified herein. Street trees shall be planted along the entire public road frontage area unless existing street trees are adequate in the opinion of the approval authority and shall be done in accordance with applicable standards. Additional landscaping shall be located within the front yard setback area in accordance with the criteria of this section, while providing reasonable opportunity for signage, entrance features, parking and ingress and egress areas. Vegetated stormwater management facilities such as bioretention areas and planters, conveyance swales and dispersion areas can be used to satisfy this requirement.
(f) Corner Lots. Landscaping, screening, fencing, equipment and materials shall not be located on corner lots so as to create sight obstructions at intersections. Appropriate sight distance shall be maintained in accordance with the LMC and city engineering standards to the satisfaction of the public works director and/or city engineer.
(g) Deviations. Whenever there are practical difficulties in meeting these standards that result from variations of specific property characteristics, a deviation from strict code compliance may be approved by the reviewing authority during the review process. This deviation shall not require a variance under Chapter 19.12 LMC. Such deviation may alter the literal enforcement of any standard, requirement, or regulation of the industrial zone, provided such deviation is consistent with the purpose of the industrial/manufacturing zone and does not adversely impact the public health, safety and welfare, or the environment. Any such deviation so granted shall be specifically identified in the approval authority decision of a development application. Approved deviations shall not be used to grant a special privilege that is inconsistent with the limitations placed on other properties with similar circumstances. (Ord. 3351 § 8, 2017; Ord. 3175 § 8, 2011; Ord. 3019 § 1, 2007).
19.55.110 Regulation conflict.
Should the provisions of this chapter conflict with other provisions of the LMC or applicable federal and state regulations, the more stringent standard(s) shall apply. (Ord. 3019 § 1, 2007).
19.55.120 Enforcement.
Compliance with this chapter will be enforced in accordance with Chapter 19.06 LMC. The city will coordinate all enforcement actions with applicable federal and state agencies. (Amended during 9/15 supplement; Ord. 3019 § 1, 2007).