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Carnation City Zoning Code

CHAPTER 15

44 - SUPPLEMENTARY USE REGULATIONS

15.44.010 - Reserved.

Editor's note— Ord. No. 909, § 5, adopted Oct. 16, 2018, repealed § 15.44.010, which pertained to mixed use and derived from Ord. 670 § 6 (Exh. F) (part), adopted 2005.

15.44.030 - Temporary emergency, construction, or repair residences.

A.

Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

B.

Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the city planner may renew such permit for one additional period not to exceed three months if it is determined that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.040 - Recreational vehicles as temporary dwelling units.

A.

No vehicle shall be occupied for residential or commercial purposes anywhere in the city of Carnation, except:

1.

In the case of temporary uses per Section 15.44.040 (Temporary emergency, construction, or repair residences); or

2.

Recreational vehicles may be occupied by visitors within residential zones for a period not to exceed thirty days where a zoning permit has been granted for such use, provided:

a.

Temporary occupancy shall not exceed thirty days in a calendar year/visitor. The property owner where the vehicle shall be parked must approve and a permit must be issued by the City of Carnation and be visible in the vehicle,

b.

Under no circumstances shall a recreational vehicle or vehicle be occupied while parked overnight on a public street, public park or adjacent to a public park,

c.

No recreational vehicle shall be serviced by a temporary or permanent sewer hook-up emptying into a private septic system or a municipal sewer, and

d.

Nor shall any space be provided for an occupied recreational vehicle for monetary or other compensation.

B.

An applicant for such temporary use permit shall have seven days to make application to the city.

C.

Recreational vehicles may be occupied for recreational or vacation purposes for no more than 30 days in a permitted RV park as defined in 15.08.010.

(Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.44.050 - Temporary public structures.

Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic uses, emergency command centers, health and social services centers, etc.) upon demonstrating that such a use is in the public benefit and that the use is temporary in nature. Permits for temporary public structures shall expire one year after issuance, but may be renewed annually by the city planner upon demonstration of continued public benefit and need.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.060 - Special events.

A.

In deciding whether a permit for a special event should be denied for any reason specified in Section 15.16.130(e), or in deciding what additional conditions to impose under Section 15.16.180, the city planner shall consider the following, (if the special event is conducted at all):

1.

The hours of operation;

2.

The amount of noise generated;

3.

The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city;

4.

The parking and traffic generated by the event;

5.

Use of public rights-of-way;

6.

Use of public parks;

7.

Sanitation and clean up;

8.

Insurance;

9.

Indemnity and hold-harmless agreements.

B.

In cases where it is deemed necessary, the city planner may require the applicant to post a bond to ensure compliance with the conditions of the special use permit.

C.

If the permit applicant requests the city to provide extraordinary services or equipment or if the city manager otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.070 - Reserved.

Editor's note— Ord. No. 958, § 2(Exh. A), adopted June 21, 2022, repealed § 15.44.070, which pertained to mobile sales and delivery and derived from Ord. 670 § 6 (Exh. F) (part), adopted 2005.

15.44.080 - Reserved.

Editor's note— Ord. No. 958, § 2(Exh. A), adopted June 21, 2022, repealed § 15.44.080, which pertained to planned business district and derived from Ord. 670 § 6 (Exh. F) (part), adopted 2005.

15.44.090 - Reserved.

Editor's note— Ord. No. 958, § 2(Exh. A), adopted June 21, 2022, repealed § 15.44.090, which pertained to residential agriculture (RA) district and derived from Ord. 670 § 6 (Exh. F) (part), adopted 2005.

15.44.100 - Sexually-oriented businesses and erotic entertainment establishments.

A.

Location Requirements. "Sexually oriented business" and "erotic entertainment establishment" as defined in Chapters 5.48 and 5.52 of the Carnation Municipal Code, shall be permitted to locate only in the light industrial/manufacturing (LI/M) zoning district provided such business is properly permitted and licensed under Chapter 5.48 or 5.52 and provided it meets all of the requirements of the LI/Manufacturing zoning district and the specific requirements of this title.

B.

Buffers from Incompatible Uses.

1.

Sexually oriented business and erotic entertainment establishments shall not be located within the following buffer areas:

a.

Within 1,000 feet of any church or other religious facility or institution;

b.

Within 1,000 feet of any public or private school, technical school, daycare, preschool or training facility which has twenty-five percent or more of their students under the age of eighteen;

c.

Within 1,000 feet of any youth center;

d.

Within 1,000 feet of any playground or public park.

2.

The distance provided herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed sexually- oriented business or erotic entertainment establishment is or is to be located, to the nearest point of the parcel or property from which the proposed sexually-oriented business or erotic entertainment establishment is to be separated.

3.

Nothing within the locational requirements set forth herein shall preclude a sexually-oriented business or erotic entertainment establishment from conducting more than one sexually-oriented business or erotic entertainment establishment within a single structure provided the business shall comply with the provisions of this chapter, Chapters 9.44, 9.48, and all other city requirements.

4.

In the event a sexually-oriented business or erotic entertainment establishment is legally established in accordance with the requirements of the chapter, and a land use or activity described in subsections (B)(1)(a) through (B)(1)(d) of this section locates within the required separation distance, the zoning conformity of the legally established sexually-oriented business or erotic entertainment establishment shall not be effected unless the adult business use is abandoned for a continuous period of one hundred twenty days.

(Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.44.110 - Day care facilities.

A.

Family day care homes and child mini-day care centers. Family day care homes and child mini-day care centers shall be subject to the following conditions:

1.

Meet Washington State Department of Children, Youth and Families licensing requirements;

2.

Comply with all Carnation building, fire safety, health code and business licensing requirements;

3.

Lot size, building size, setbacks and lot coverage must conform to the standards of the zoning district except if the structure is a legal nonconforming structure;

4.

A safe passenger loading area certified by the Department of Children, Youth and Families must be provided;

5.

Signage will conform to the provisions of Chapter 15.68; and

6.

So that the neighborhood is not negatively impacted, the city planner shall have the authority to require screening or other buffers when in the opinion of the city planner a lot or parcel has inadequate acreage or setbacks to ensure adequate buffers. Buffering shall be determined on a case by case basis given the proposed extent of the facility and the size and characteristics of the specific lot or parcel.

B.

Nothing in this section shall be construed to prohibit the city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded.

C.

Accessory Use. A child day care center, if sited on the premises of an operating community service facility, shall be considered accessory to the principal use of the property concerned.

D.

The provisions of this section shall be construed and administered in a manner consistent with applicable state and federal law, specifically including without limitation RCW 35A.63.215.

(Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.120 - Home occupations.

A.

The conduct of business within a dwelling may be permitted in residential, mixed use and commercial zones under the provisions of this section and Chapter 5.12 of the Carnation Municipal Code as long as the home occupation is consistent with the existing character of the surrounding neighborhood. As specified in Chapter 5.12, a home occupation is a commercial activity that requires a city business license. Home occupation business licenses shall be administered in the same manner as other business licenses as provided in Chapter 5.12. Applications for home occupations shall be denied, and a home occupation license may be revoked, if it is found that the application or use fails to comply with the criteria listed in subsection B below.

B.

In order for a home occupation to be permitted, the following criteria must be met and maintained:

1.

No goods, stock in trade, or other commodities are displayed for sale;

2.

There are no on-premises retail sales;

3.

No more than one part-time person, not a resident on the premises, is employed in connection with the home occupation;

4.

There are no objectionable noise, fumes, odor, dust or electrical interference created by the home occupation;

5.

No more than twenty-five percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than one thousand square feet of gross floor area (whichever is less), is used for home occupation purposes;

6.

No materials, supplies or equipment, except for a primary vehicle, connected with the home occupation is parked or stored outside the home or accessory buildings;

7.

No more traffic is generated than is normal for a single-family residence in the neighborhood, generally defined as up to twenty vehicle trips per day associated with the home occupation;

8.

The home occupation is conducted entirely within the principal residential building or other accessory building or structure;

9.

The home occupation does not require the use of electrical or mechanical equipment which would change the fire rating of the structure.

10.

No home occupations involving or related to the growing, producing, processing, dispensing or sale of cannabis and/or marijuana-related uses as defined by Chapter 15.110 CMC or products containing cannabis and/or marijuana as defined by Chapter 15.110 CMC shall be allowed as a home occupation.

The following is a nonexhaustive list of examples of enterprises that may be home occupations if they meet the criteria described above: (i) the office or studio of an accountant, artist, consultant, lawyer, architect, engineer, contractor, painter, teacher, or similar professional; (ii) workshops, greenhouses, or kilns; (iii) dressmaking or hairdressing studios.

The following is a nonexhaustive list of examples of enterprises that are not appropriate for home occupations and shall not be permitted: outdoor kennels or animal breeding; vehicle repair, rebuilding or servicing; gift or antique shops; veterinary clinic; large appliance repair including stoves, refrigerators, washers and dryers; welding; upholstering; machine and sheet metal shops; assembly or production lines; small engine repair; and uses which include hazardous chemicals as defined in the International Fire Code or the dispensing of medical drugs.

C.

Limited signage shall be permitted as provided in Chapter 15.68.

D.

So that the neighborhood is not negatively impacted, the city planner shall have the authority to require screening or other buffers when in the opinion of the city planner a lot or parcel has inadequate acreage or setbacks to ensure adequate buffers. Buffering shall be determined on a case by case basis given the proposed extent of the home occupation and the size and characteristics of the specific lot or parcel.

E.

The city manager shall have the authority to attach additional conditions to ensure that a home occupation will not be detrimental to the character of the neighborhood. Any home occupation shall be open to inspection and review at all reasonable times by an authorized city official for purposes of verifying compliance with the requirements of this chapter.

F.

Any action taken pursuant to this section may be appealed as provided in CMC Section 5.12.190.

(Ord. 681 § 2, 2005: Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 839, § 4(Exh. D), 12-3-2013)

15.44.130 - Pet daycare facilities.

In addition to satisfying all applicable permit requirements and development standards of the underlying zone, pet daycare facilities are subject to the following:

A.

Regulatory approvals. Each pet daycare facility must hold all required current governmental permits, licenses and/or certifications, specifically including without limitation all necessary permits from Public Health—Seattle & King County.

B.

Operating Procedures. Applicants must submit for City approval at the time of permit application written operating procedures ensuring that the external impacts of the pet daycare facility, including without limitation vehicular traffic, sanitation, hygiene, odor, barking and other animal noises, will be prevented or appropriately mitigated. The pet daycare facility shall comply fully with the approved operating procedures, and a copy of the procedures shall be posted conspicuously on the premises of the facility.

C.

Noise standards. Each pet daycare facility shall comply fully with the noise regulations set forth in Chapter 9.34 CMC.

D.

Structural improvements. As a condition of permit approval, a pet day care facility may be required to construct or install permanent and/or temporary structural improvements designed to mitigate any external impacts of the facility, specifically including without limitation noise and/or odor impacts.

(Ord. No. 788, § 3, 12-7-2010)

15.44.140 - Electric vehicle battery charging stations.

A.

Within all zones electric vehicle battery charging stations shall be allowed as accessory uses to any principal use.

1.

Within residential zones, electric vehicle battery charging stations shall be located internal to a garage, or a minimum of 15 feet from the edge of the right-of-way.

B.

Electric vehicle battery charging stations that are open to the public shall be allowed as accessory use to any principal use in the CBD, SC, LI/M, MU and PU zones. All such electric vehicle charging stations, open to the public, shall comply with the following requirements:

1.

An electric vehicle charging station space may be included in the calculation for minimum required parking spaces per Chapter 15.72 CMC Parking.

2.

Electrical Permit Requirements. Installation of electric vehicle charging station shall meet all applicable manufacturing and installation requirements, including without limitation all applicable installation requirements set forth in the state electrical code.

3.

Signage.

a.

Each charging station space shall be posted with signage indicating the space is only for electrical vehicle charging purposes.

b.

Information about the charging station shall be provided, including but not limited to voltage and amperage levels, time of use, fees and safety information.

c.

Directional signs shall be installed at entrances to parking area and/or at other points that will effectively guide motorists to the charging station space.

4.

Lighting. All charging equipment accessible to the public during night time hours shall include lighting sufficient to ensure the visibility and safe operation of such equipment.

5.

A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

6.

Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment shall be located so as to not interfere with accessibility requirements of WAC 51-50-005.

(Ord. No. 863, § 2, 8-4-2015; Ord. No. 958, § 2(Exh. A), 6-21-2022; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.44.150 - Bed and breakfast inns.

A.

Bed and breakfast inns with no more than four rooms for rent per residence are allowed as a special use in all single family residential zones.

B.

Accessory buildings that were lawfully established may be considered part of a bed and breakfast inn provided that, such detached bed and breakfast rooms shall not have facilities for cooking.

C.

In addition to the requirements for a special use permit a bed and breakfast inn shall satisfy the following requirements:

1.

The premises of the bed-and-breakfast operation is owner occupied;

2.

The bed-and-breakfast operation prepares food for, and offers food only to, individuals who are guests of the bed-and-breakfast;

3.

15 guests or less are served at the bed-and-breakfast operation on any given day

(Ord. No. 958, § 2(Exh. A), 6-21-2022; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.44.160 - Self-service storage.

A.

Use standards. Self-service storage units shall not be used for:

1.

Residences, offices, workshops, studios, hobby, or rehearsal areas.

2.

Manufacturing, fabrication, or processing of goods, or any other industrial activity.

3.

Service or repair of vehicles, engines, appliances, or other electrical equipment.

4.

Garage or estate sales. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property.

5.

Storage of flammable or hazardous materials.

6.

The keeping of animals.

7.

Storage of any items with potential noise or odor impacts.

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.170 - Outdoor storage.

A.

Any bins and open piles of soils, mulch, wood chips, bark dust, sand and similar materials shall be effectively contained through the use of appropriate confinement and/or treatment facilities such as to prevent any on-site and/or off-site migration of sediment from the pile or bin area.

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.180 - Senior housing.

A.

Prior to issuance of a certificate of occupancy for any senior housing dwelling unit, the development applicant shall record against the title of the underlying property a covenant, servitude, or other instrument ensuring that all future sales and/or rentals of the unit will be age-restricted for at least a 50-year period. The covenant, servitude, or other instrument shall be in a form approved by the city attorney, and shall be recorded against the underlying property title at the development applicant's sole expense.

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.190 - Mixed use.

A.

Applicability of the Carnation Design Standards and Guidelines.

1.

Where a dwelling unit(s) and non-residential floor area are within the same building, the building shall be considered a non-residential building for the purpose of conforming with the Carnation Design Standards and Guidelines.

2.

Where a dwelling unit(s) and non-residential floor area are within separate buildings, the dwelling unit(s) shall be considered a multi-family residential building for the purpose of conforming with the Carnation Design Standards and Guidelines. The building with non-residential floor area shall be considered a non-residential building for the purpose of conforming with the Carnation Design Standards and Guidelines.

B.

Design standards. New mixed use development shall be similar to any existing buildings on the site with regard to:

1.

Architectural style, including exterior materials and color.

2.

Roof pitch (within a 20-degree range).

3.

Façade articulation and building entry design.

4.

Window styles including shape and trim color.

5.

Exterior lighting design.

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.200 - Grading permits—Exemptions and application requirements.

A.

Subject to Section 15.44.210 (Restrictions and requirements), no grading, excavation, or filling permits are required for the following activities:

1.

Routine agricultural activities such as plowing, harrowing, disking, ridging, listing, leveling, draining and similar operations to prepare a field or crop;

2.

Excavation for a septic tank, drainfield or well;

3.

Cemetery graves;

4.

Grading involving less than fifty cubic yards of material that is less than two feet in depth or that does not create a cut or fill slope greater than five feet in height and steeper than two horizontal to one vertical;

5.

Routine landscape maintenance and minor repair;

6.

Emergency situations involving immediate danger to persons or substantial fire hazards, including removal of seriously diseased vegetation or trees;

7.

Clearing of one thousand square feet where the existing land use is single-family residential;

8.

Except for subsections A.1., A.5. and A.6. of this section, the exemptions set forth in this section will not apply in wetlands, unstable slope areas, or areas that are within fifty feet of the top of the natural bank of any stream;

9.

Clearing and grading associated with the construction of a single-family residence that has been issued a valid building permit unless required under B.1. below;

10.

Trenching and backfilling for the installation, reconstruction, or repair of utilities.

11.

Grading completed as part of a city public works project.

B.

Clear and grade permits are required for the following activities:

1.

All grading, excavation or filling involving fifty cubic yards or more of material that is greater than two feet in depth or that does create a cut or fill slope greater than five feet in height and steeper than two horizontal to one vertical.

2.

One acre or more of land disturbing activity or for two thousand square feet or more of new plus replaced impervious surface.

C.

Clear and grade permits shall include a general plot which shall contain the following information:

1.

General vicinity map;

2.

Property boundaries indicating extent and location of proposed clearing and grading activities, and major physical features of the property (i.e., streams, ravines, etc.);

3.

Location and dimension of buffer areas to be maintained or established, and location and description of proposed erosion-control devices or structures;

4.

Other information that may be required by the city in instances related to geologic hazard, shoreline protection, or project scope as deemed necessary by the city planner in order to ensure that the intent of this chapter is satisfied;

5.

Location of structures, fencing, drainage systems, utility lines, impervious surfaces, and significant trees; and

6.

A Temporary Erosion and Sediment Control plan is required for clearing, grading, excavation, filling, and any activity which in the city engineer's determination has the potential for sediments to be carried to existing stormwater systems. The city engineer's determination shall be based upon consideration of the topography of the project site and its proximity to existing stormwater systems; the nature and intensity of the activity; seasonal and/or weather concerns; and any other relevant factor.

(Ord. 745 § 6, 2008; Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 958, § 2(Exh. A), 6-21-2022; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.44.210 - Restrictions and requirements.

Unless exempted under Section 15.44.200, all grading, filling, and excavation is subject to the following restrictions and requirements:

A.

No grading, filling, or excavation is allowed in an environmentally sensitive area where such activities are prohibited by Chapter 15.88.

B.

Adequate temporary erosion and sedimentation control (TESC) measures shall be approved and installed per Part II, Chapter 15.64 (Drainage, Erosion Control, Stormwater Management) prior to any disturbance of soils.

C.

All disturbed areas shall be hydro-seeded and mulched, sodded, or otherwise protected within ninety-six hours of disturbance.

D.

All environmentally sensitive areas and their buffers shall be fenced with construction fence prior to any disturbance of the soil.

E.

Environmental review of grading associated with site development may be done concurrently with the environmental review of the project (e.g., at preliminary plat stage, site plan review stage, or project development stage) allowing for grading for public improvements to be permitted by approval of the construction drawings. However, the application shall specifically state that grading is a part of the application, and the permit shall specifically state what grading is permitted, or the grading shall not be considered permitted.

F.

During the below listed dates all grading shall be phased as follows:

1.

Between the dates of October 1st and March 31st no more than one-half acre, or three hundred cubic yards of soil, whichever represents the least amount of soil, may be moved or graded at any one time before that portion of the project is closed up per subsection A above.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.300 - Purpose.

In order to promote the health, safety and welfare of the community, and to provide reasonable standards that will make variable uses more compatible, the city established standards and controls for the generation of noise, vibration, odors, smoke and air pollution, hazardous wastes, and electrical disturbance or interference.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.310 - Noise.

A.

See Chapter 9.34 of this code.

(Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.320 - Vibration.

A.

No classification use regulated in this subsection in any permissible business district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at: (i) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

B.

No classification use regulated in this subsection may generate any ground-transmitted vibration in excess of the limits set forth in subsection E of this section. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection D of this section.

C.

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

D.

The vibration maximum set forth in subsection E of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F × D

Where:

PV = Particle velocity, inches-per-second

F = Vibration frequency, cycles-per-second

D = Single amplitude displacement of the vibration, inches.

The maximum velocity shall be the vector sum of the three components recorded.

E.

The maximum ground-transmitted vibration shall be 0.2 particle velocity, inches per second.

F.

The values stated in subsection E of this section may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

G.

Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.330 - Odors and emission of air contaminant.

A.

It is unlawful for any person to cause or allow the emission of any air contaminant in sufficient quantities and of such characteristics and duration as it, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property.

B.

No use in any zoning district may generate any odor that reaches the odor threshold, measured at Level 2 of the following scale:

1.

Level 0—No odor detected;

2.

Level 1—Odor barely detected;

3.

Level 2—Odor is distinct and definite, any unpleasant characteristics recognizable;

4.

Level 3—Odor is objectionable enough or strong enough to cause attempts at avoidance; and

5.

Level 4—Odor is so strong that a person does not want to remain present.

C.

Nothing in this regulation shall be construed to impair any cause of action or legal remedy of any person, or the public, for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance.

D.

It is unlawful for any person to cause or allow the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission or air contaminant which would otherwise violate this section.

(Ord. 683 § 1, 2005: Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.340 - Smoke and air pollution.

A.

Any classification use regulated by this subsection that emits any "air contaminant" as defined in regulations 1, 2, or 3 of the Puget Sound Clean Air Agency shall comply with applicable state standards concerning air pollution, as set forth in regulations 1, 2, or 3 of the Puget Sound Air Pollution Control Agency.

B.

No zoning, special use, or conditional use permit may be issued with respect to any development covered by subsection A of this section until the Puget Sound Air Pollution Control Agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(Ord. 670 § 6 (Exh. F) (part), 2005)

15.44.350 - Disposal of liquid and hazardous wastes.

A.

No classification use regulated by this subsection in any district may discharge any waste contrary to the provisions of RCW 70A.300 (Hazardous Waste Management) or RCW 90.48 (Water Pollution Control).

B.

No classification use regulated by this subsection in any district may discharge into any sewage treatment facilities any waste that cannot be adequately treated by biological means.

(Ord. 670 § 6 (Exh. F) (part), 2005)

(Ord. No. 958, § 2(Exh. A), 6-21-2022)

15.44.360 - Electrical disturbance or interference.

No use may:

A.

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or

B.

Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. 670 § 6 (Exh. F) (part), 2005)