18.45.040 Performance standards.
The following performance standards are intended to protect the public health, safety and general welfare by ensuring adequate access to light, air, privacy and open space; minimizing traffic congestion and utility overload; and protecting the citizens of Electric City from objectionable influences that may interfere with the use, value and enjoyment of property, sleep and repose, and the quality of the environment in all zoning districts. The performance standards are intended to be used to evaluate the general impacts of a given use. They are not intended to be used as a remedy for nuisances.
(1) General Performance Standards. The following standards are applicable to all uses, irrespective of zoning classifications, in order to minimize potential impacts to public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the general performance standards is prohibited.
(a) Artificial Light and Glare.
(i) Uses producing artificial light, utilizing light for night operation, or causing glare shall:
(A) Not impair use of or safety of any road due to strong dazzling artificial light directed at oncoming motor vehicles, or strobe lights projecting off site or toward streets, or lights imitating traffic signals.
(B) Protect residential uses from artificial light during periods of darkness by shading the luminaire and/or screening abutting property lines. Screening design is subject to approval by the city.
(C) Shield direct light generated by arc welding and similar processes in a manner that prevents such direct light from being visible from neighboring properties or public areas (roads, sidewalks, etc.).
(ii) External lighting on residential property shall be directed and shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties.
(2) Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.
(3) Electromagnetic Radiation. No use of electromagnetic radiation shall be permitted for such purposes as communication, experimentation, entertainment, broadcasting, hearing, therapy, vehicle velocity measurement, weather survey, topographic survey, personal pleasure, or any other use directly or indirectly associated with those purposes that does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. The FCC enforces its regulations within the city.
(4) Fire and Explosion Hazards. All activities involving flammable and explosive materials shall provide adequate safety devices against the hazard of fire and explosion and shall provide adequate fire fighting and fire suppression equipment as required by the city. In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations of the International Fire Code, as amended.
(5) Hazardous Substances or Waste.
(a) Storage of animal or vegetable waste shall be managed and maintained in a manner that does not attract insects or rodents or otherwise create a health hazard. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.
(b) No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air or the ground, except in accordance with standards approved by provisions of federal, state, and local laws and regulations. The discharge of any materials into any manmade or natural body of water or drainage system shall be regulated by the Washington Department of Ecology or city ordinances.
(c) Manufacturing uses shall indicate the method of storage and disposal of all industrial waste prior to project approval.
(6) Hours of Operation. The hours of operation of any use located in a residential (S-1, R-1, R-2, or R-3) district shall be consistent with the character of a residential neighborhood.
(7) Noise. Noise shall be muffled so as not to become objectionable due to intermittent beat, frequency, or shrillness, and shall not exceed those standards as determined by the Washington Administrative Code (Chapter 173-60 WAC) as amended.
(8) Odor. The emission of obnoxious odors or any toxic or corrosive fumes, gases, or other matter that may injure people or property shall not be permitted.
(9) Particulate Matter Emissions.
(a) All uses that produce emissions shall comply with the requirements of the Environmental Protection Agency and/or the Washington Department of Ecology.
(b) No residential or commercial activity that chronically emits observable dust, dirt, fly ash or other airborne solids shall be permitted except as related to construction activity or with a land use permit and approved mitigation plan.
(c) Air pollution from private roads, parking lots, and open areas shall be controlled as follows. The performance goal is to allow no degradation of the air quality of the Electric City area, and to prevent degradation of the ambient air quality by utilizing sufficient dust control measures, both during periods of construction and after project completion.
(i) Visible dust generated by construction, repair, or cleaning of roads and parking areas shall be minimized by means that minimize detrimental effects to water quality. Chemical dust suppressants labeled for such use may be used in accordance with all applicable health and safety standards.
(ii) Private roads and parking areas shall be controlled by providing paving or other surface treatment that minimizes visible dust emissions and mud tracking. Housekeeping measures shall be used to minimize the accumulation of mud or dust on the surface of roads.
(iii) Unpaved shoulders shall be maintained in such a way as to minimize generation of visible dust by wind or traffic. Unpaved nonvehicular areas shall be controlled by vegetative cover or other equally effective methods of minimizing windblown dust.
(d) Air emissions from manufacturing uses or other activities shall be controlled. No emissions shall exceed the allowances set forth by the Environmental Protection Agency.
(10) Vibration. Any use permitted by this title that causes ground vibration or concussion that is detectable beyond the property lines without the aid of instruments shall not be permitted except as exempted herein. The following conditions shall be exempted:
(a) Vibration originating from heavy transport vehicles (e.g., trucks);
(b) Vibration originating from site construction activity;
(c) Vibration from heavy equipment that occurs no more than once daily for a period not to exceed 15 minutes.
(11) Under no circumstances shall outdoor storage of materials and supplies or outdoor use areas interfere with free use of sidewalks or public rights-of-way by emergency service vehicles or personnel.
(12) Specific Performance Standards. The following standards shall be used to assess the impacts of a conditionally or administratively permitted use, or a use not listed in the district use chart, in the context of the zoning district, the neighborhood, and the surrounding uses in the area in which the use is proposed, in order to minimize potential impacts on public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the applicable specific performance standards is prohibited.
(13) Any use not specifically allowed, based on the district use chart, must be harmonious with the design, character, and appearance of the neighborhood in which it is proposed, and must not adversely affect the established character of the surrounding neighborhood. Among the factors to be considered are the specified intent of the zoning district in which the use is proposed; aesthetic consistency with existing structures and land use patterns and the overall character of the neighborhood and the city; and consistency in terms of visual impacts of parking areas, building facades, and accessory structures.
(14) Any use not specifically allowed, based on the district use chart, must have no more adverse effect on the health, safety, general welfare and interest of persons living or working in the area, and must be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. Among matters to be considered are traffic generation; traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and service area; utilities; screening and buffering; signs; yards and other open areas; height, bulk, and location of structures; location of proposed open space uses; hours and manner of operation; and noise, light, glare, dust, odor, fumes and vibration.
(15) Any use not specifically allowed, based on the district use chart, must make efficient use of public services and facilities, and must not place an undue burden on the city’s public services and facilities or reduce the city’s public services and facilities level of service below that intended for uses allowed by right.
(16) Any use not specifically allowed, based on the district use chart, must be consistent with the city’s adopted comprehensive plan, and with the objectives of any code, ordinance, regulation, specifications or plan in effect to implement said comprehensive plan. (Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)