17.08.050 Performance standards.
A. Performance Standards Defined. Performance standards deal with the operational aspects of land uses. Performance standards shall apply to all land uses within the town. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:
1. Noise, vibration or glare;
2. Smoke, dust, odor or other form of air pollution;
3. Heat, cold or dampness;
4. Hazardous substances and wastes.
B. Nonconforming Uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three years in which to conform therewith.
C. Locations where Determinations Are to Be Made for Enforcement of Performance Standards. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous or objectionable elements and at any point where the existence of such element may be more apparent (referred to in this section as “at any point”); provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any hazardous substance land use facility, which must be at least 50 feet from any property line.
D. Restrictions on Dangerous and Objectionable Elements.
1. Noise. At the points of measurement specified in subsection C of this section, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.)
Octave Band | Maximum Permitted Sound Pressure Level |
|---|---|
(Cycles per second) | (Decibels) |
20–75 | 75 |
75–150 | 70 |
150–300 | 64 |
300–600 | 59 |
600–1,200 | 53 |
1,200–2,400 | 47 |
2,400–4,800 | 40 |
4,800–10,000 | 34 |
Type of Operation or Character of Noise | Correction in Decibels |
|---|---|
Noise source operates less than 20 percent of any 1-hour period | Plus 5* |
Noise source operates less than 5 percent of any 1-hour period | Plus 10* |
Noise source operates less than 1 percent of any 1-hour period | Plus 15* |
Noise of impulsive character (hammering, etc.) | Minus 5 |
Noise of periodic character (hum, screech, etc.) | Minus 5 |
*Apply one of these corrections only.
2. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section;
3. Odors. No emission shall be permitted of odorous gases or other odorous matters in such quantities so as to exceed the odor threshold at the points of measurement specified in subsection C of this section. The odor threshold shall be defined as the concentration in the air of a gas or vapor, which will just evoke a response in the human olfactory system;
4. Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection C of this section shall be permitted. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection otherwise permitted by the provisions of this title;
5. Radioactivity or Electrical Disturbance. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation;
6. Fire and Explosion Hazards. The relevant provisions of federal, state and local laws and regulations shall apply;
7. Smoke, Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply;
8. Liquid or Solid Wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the Department of Ecology or other appropriate state agencies;
9. Hazardous Substances or Wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in accordance with standards approved by the Department of Ecology or other appropriate state of federal agency. The relevant provisions of federal, state and local laws and regulations shall apply, and applicants for permits under this title shall certify compliance. The following site development standards shall apply:
a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at least:
i. Two hundred feet from unstable soils or slopes which are delineated on the hazard area development limitations map,
ii. Two hundred feet from the ordinary high-water mark of major or minor streams or lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per shorelines of statewide significance or shorelines of the state,
iii. One-quarter mile from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges,
iv. Fifty feet from any property line to serve as an on-site hazardous substance land use facility buffer zone,
v. Five hundred feet and 100 feet from a residential zone and a residential unit, respectively, and
vi. Five hundred feet from a public gathering place or agricultural land or zone, in the case of a nonagricultural hazardous substance land use facility;
c. Hazardous substance land use facilities shall not be located on a 100-year floodplain;
d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a Type I solid screen landscaping of a width of at least 10 feet in the hazardous substance facility buffer zone required by subsection (D)(9)(b)(vi) of this section;
e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements;
f. Underground hazardous substance land use facilities shall meet federal, state and local design and construction requirements;
g. Hazardous substance land uses shall comply with Article 80 of the Uniform Fire Code as revised in 1988 and thereafter;
h. Hazardous substance land uses shall provide for review and approval by the town fire department of a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility;
i. Hazardous substance land uses should use traffic routes which do not go through residential zones; and
j. Hazardous substance land uses in the industrial I-1 zones shall be entirely enclosed within a building.
In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply. [Ord. 378 § 2 (Exh. 1), 1999.]