Chapter 18.66
MICRO PROCESSING/MANUFACTURING ESTABLISHMENTS
Sections:
18.66.050 Decisions by the administrator.
18.66.060 Findings of fact and conclusions required.
18.66.080 Termination of approval.
18.66.090 Discontinued permits.
18.66.010 Purpose.
The purpose of this chapter is to permit very limited types of industrial endeavors in commercial districts and still protect the character and integrity of commercial neighborhoods and districts, in the same manner as some limited commercial enterprises may be permitted as home occupations in residential neighborhoods (Chapter 18.68 OMC); additionally, to reduce the permitting burden on similar uses in industrial districts. (Ord. 1172 § 1, 2017)
18.66.020 Definitions.
The following definitions may be used elsewhere but are listed here as chapter specific:
“Administrator” means the duly appointed official pursuant to OMC 18.116.020.
“Established envelope” means a building or tenant space already in existence which was constructed for and occupied by other permitted or historical use(s).
“Hazardous use” is a use which is and/or does contain a use, operation, process or activity which is classified as an “H occupancy” under the fire and building code regulations adopted by OMC Title 15.
“Industrial horticultural operations” is a use which is a subset of traditional horticultural practices which are primarily conducted within secured areas, such as indoors or in enclosing security fences.
“Micro processing/manufacturing establishment” or “establishment” is a use and/or accessory use(s) of traditional industrial factory uses, which by their scope, nature, intensity and scale are materially insignificant in noise, emissions, smoke, traffic, presence, odor, vibration impacts or other obnoxious features. The conducting of such use(s) is restricted to the extent that it will not encroach unreasonably upon the quiet enjoyment of all neighboring uses, tenant spaces and properties. Such uses are a subset of the following nonhazardous and nonpolluting uses: laboratories, manufacturing establishments, industrial horticultural operations, processing establishments and product assembly facilities.
“Nonpolluting use” is a use which does not have an activity, process or operational component, which by conducting such activity requires a permit from any regulatory agency for pollutant discharges, or potential pollutant discharges, releases and emissions, such as, but not limited to, air quality, water quality, storm runoff/discharge or nonstandard sewer discharges.
“Permit” means an official certificate issued by the administrator that authorizes conduction of a specific use/activity. (Ord. 1172 § 1, 2017)
18.66.030 Standards.
Micro processing/manufacturing permit applications shall demonstrate in detail how the proposal will comply with each of the criteria and standards:
A. Micro processing/manufacturing establishments meeting all of the requirements listed in this chapter may be administratively conditioned and permitted; all others must comply with the general zoning regulations for uses and districts as provided elsewhere in this title.
B. The area used for the micro processing/manufacturing establishment may include ancillary and accessory uses which do not exceed the size restrictions for the underlying district, as listed in Table 18.66. Two or more tenant spaces which are associated in use, and/or function and/or operate jointly shall be calculated cumulative. Two or more establishments, which are not fully independent of each other in function and/or operation, and on separate adjoining properties, shall also be calculated cumulatively.
Exceptions:
1. The area(s) used for parking, loading and unloading operations.
2. The area(s) used for uses and activities that are permitted outright in the underlying districts, such as, but not limited to, retail sales, drinking and dining activities.
3. The area(s) which are co-ancillary and co-accessory to a use and activity that is conducted at the same time and is permitted outright in the underlying district, such as, but not limited to, administrative and clerical offices.
C. All micro processing/manufacturing establishments and operations, including shipping, warehousing and storage, shall be conducted within an enclosing and sheltering building.
Exceptions:
1. Parking, loading and unloading operations.
2. Uses and activities that are permitted outright in the underlying districts, such as, but not limited to, retail sales, drinking and dining activities.
D. The maximum environmental noise level generation generally regulated by Chapter 9.22 OMC is further restricted for micro processing/manufacturing establishments, and shall not exceed the maximums listed in Table 18.66 below.
E. In no way shall any micro processing/manufacturing establishment be conducted in a manner which would cause the premises to differ from its commercial character, either by the use of colors, materials, construction, lighting, noise, glare, electrical or audio visual interference, dust, smoke, vibrations or emissions of smells/odors.
F. No unreasonable volume of vehicular traffic shall be generated for the underlying district by the micro processing/manufacturing establishments. Any need for vehicular parking and loading incidental to the micro processing/manufacturing establishment shall be met off street.
G. Micro processing/manufacturing establishments shall be sealed and separated from all other tenant spaces with an air transfer barrier, not less than a “smoke partition” as defined by the building and fire codes adopted by the city. Additionally, micro processing/manufacturing establishments shall not share common ducting or air handling equipment with other tenant spaces.
H. Micro processing/manufacturing establishments shall filter all mechanical exhaust from product manufacturing, processing and storage areas with a technology system/assembly suitable to adequately filter such mechanical exhaust.
I. Micro processing/manufacturing establishments shall be subject to all other licensing and registration requirements of the city, and of the state of Washington, as applicable.
|
Zoning district |
Primary purpose of district |
Maximum environmental noise level generation (measured at receiving property or tenant’s space, whichever is most restrictive) |
Size restriction (gross occupational and related areas of use) |
|---|---|---|---|
|
HB |
Highway business overlay in residential transition areas |
A to A |
1,000 sq. ft. |
|
CB-H |
Central business historic |
A to A |
4,000 sq. ft. and up to 5,000 sq. ft. in an established envelope |
|
C-1 |
Retail commercial |
A to A |
8,000 sq. ft. and up to 12,000 sq. ft. in an established envelope |
|
C-2 |
Service commercial |
B to B |
24,000 sq. ft. |
|
I-1 |
Consumer oriented light industrial |
C to C |
48,000 sq. ft. |
|
I-2 |
Heavy industrial |
C to C |
96,000 sq. ft. |
(Ord. 1172 § 1, 2017)
18.66.040 Procedures.
Prior to conducting business at a micro processing/manufacturing establishment or issuance of a building permit, business license and/or registration therefor by the city, a person desiring to conduct an industrial use not otherwise designated as an allowed use in the underlying zoning district as a micro processing/manufacturing establishment shall apply to the administrator for approval of such micro processing/manufacturing establishment, on a form provided by the administrator. Upon receipt of such application and fee therefor, the administrator shall determine if the proposed micro processing/manufacturing establishment application is complete, or return the application to the applicant indicating what additional information is needed.
A. For projects not requiring a threshold determination under SEPA (Chapter 16.08 OMC), the administrator shall circulate notice of such application to all city department heads and may circulate notice of application to other agencies. Not less than 15 days nor more than 30 days after circulating such notice, the administrator shall determine if the proposed micro processing/manufacturing establishment meets all the requirements and standards set forth in this chapter, and shall issue a micro processing/manufacturing establishment permit, and may attach reasonable conditions to the permit designed to assure compliance with this chapter and a certificate thereof to the applicant, or a written decision to the applicant denying such micro processing/manufacturing establishment permit.
B. For projects requiring a threshold determination under SEPA (Chapter 16.08 OMC), the administrator shall combine the micro processing/manufacturing establishment notice with the SEPA notice and process the application in accordance with Chapter 18.100 OMC. After the completion of the SEPA process, the administrator shall determine if the proposed micro processing/manufacturing establishment meets all the requirements and standards set forth in this chapter, and if such conditions are met, shall issue a micro processing/manufacturing establishment permit, and may attach reasonable conditions to such permit designed to assure compliance with this chapter, or a written decision to the applicant denying such micro processing/manufacturing establishment permit. (Ord. 1172 § 1, 2017)
18.66.050 Decisions by the administrator.
For the purposes of this chapter, the administrator is empowered and directed to review applications for micro processing/manufacturing establishment permits as a hearing examiner and may apply reasonable conditions in the same manner, scope and limitations as a conditional use permit. Appeals of any action of the administrator relating to the application of this chapter shall be heard and may be affirmed, modified or overturned as provided in OMC 18.112.020. (Ord. 1172 § 1, 2017)
18.66.060 Findings of fact and conclusions required.
All decisions relating to the review of applications, issuance and/or revocation of micro processing/manufacturing establishment permits shall be supported by written findings of fact and conclusions issued by the administrator. Said documents shall be attached to the file and kept in the records of the city. (Ord. 1172 § 1, 2017)
18.66.070 Notice required.
No later than 10 days after issuing a written decision on an application, notice of such action shall be forwarded to the applicant and any person filing a request for notice of the application with the city clerk. Said notice shall include the decision and related findings of fact and conclusions and the rights to and the procedure for appealing such decision. (Ord. 1172 § 1, 2017)
18.66.080 Termination of approval.
The administrator may terminate any micro processing/manufacturing establishment permit for noncompliance with any of the standards listed in OMC 18.66.030, or any of the applied conditions of such permit established when the application was approved. Such terminated micro processing/manufacturing establishment permits may only be reauthorized by submitting a new application and review as described in OMC 18.66.040. Appeals of a termination shall be processed as described in OMC 18.66.050. (Ord. 1172 § 1, 2017)
18.66.090 Discontinued permits.
In the event that a micro processing/manufacturing establishment is abandoned or inactive for a period in excess of two years, such permit issued by the city for the establishment shall be deemed a discontinued permit. Such discontinued micro processing/manufacturing establishment permit may only be reauthorized by submitting a new application and review as described in OMC 18.66.040. (Ord. 1172 § 1, 2017)
18.66.100 Ineligible uses.
The following uses by their nature have a tendency to expand beyond the limits of a micro processing/manufacturing establishment, or to otherwise impair the commercial nature and value of the neighborhood, and shall be ineligible for classification as a micro processing/manufacturing establishment:
A. Polluting uses;
B. Uses and occupancies which are classified as an “H occupancy” under the fire and buildings code provisions adopted by OMC Title 15. (Ord. 1172 § 1, 2017)