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Lacey City Zoning Code

16.57 Environmental

Performance Standards

16.57.010 Intent.

It is the intent of this chapter to:

A. Protect public health and general welfare;

B. Establish minimum standards for the control of environmental pollution;

C. Minimize the adverse effects of contaminants which may result from the use of land by any activity or person. (Ord. 583 §2.10(A), 1980).

16.57.020 Environmental performance standards.

It shall be the responsibility of the operator and/or the proprietor of any permitted use and the owner of the property upon which such use is to be developed or conducted to provide such reasonable evidence and technical data as the enforcing officer may require to demonstrate that the use or activity or the development of the property for such use or activity is or will be in compliance with the requirements and performance standards of this code.

Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor or property owner from compliance with the requirements and environmental performance standards of this code. (Ord. 1005 §1, 1994; Ord. 583 §2.10(B) (part), 1980).

16.57.030 Noise.

A. The maximum allowable noise levels as measured at the property line of noise impacted uses or activities shall be those set forth in Chapter 173-60 WAC, titled “Maximum Environmental Noise Levels,” which chapter is hereby incorporated by reference

B. The “Environmental Designation for Noise Abatement” (EDNA) for the several land use classifications of this title shall be as follows:

All living areas: A

All commercial areas: B

All public/institutional areas: A

Light industrial, industrial, mineral extraction: C

C. No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth in Table 16T-14.

1. The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied.

Table 16T-14. Maximum Permissible Environmental Noise Levels

EDNA OF NOISE SOURCE

EDNA OF RECEIVING PROPERTY

CLASS A

CLASS B

CLASS C

CLASS A

55 dBA

57 dBA

60 dBA

CLASS B

57

60

65

CLASS C

60

65

70

2. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs.

3. At any hour of the day or night the applicable noise limitations in (1) and (2) above may be exceeded for any receiving property by no more than:

a. 5 dBA for a total of 15 minutes in any one-hour period; or

b. 10dBA for a total of 5 minutes in any one-hour period; or

c. 15 dBA for a total of 1.5 minutes in any one-hour period.

16.57.040 Emissions.

A. Air Pollution. Air pollution shall be controlled by the operator and/or the proprietor of any land use or activity permitted by this chapter.

The ambient air quality standards specified in Regulation I of the Olympic Region Clean Air Agency (ORCAA) shall apply to all air contaminants listed therein.

B. Toxic Substances. Toxic substances shall be kept to concentrations not exceeding one-fiftieth of interior standards by use of the best available control methods and technology in all phases of plant operation and handling of materials, and by an active commitment to good housekeeping practices.

Toxic substances not listed in Regulation I of ORCAA, but released into the air shall be limited in accordance with the most current publication entitled “Threshold Limit Values,” of the American Conference of Governmental Hygienists.

C. Sewer Use. Liquid wastes shall be disposed of through local sanitary sewer systems only upon approval of affected public sewer authorities.

D. Waste Disposal. Liquid or solid wastes unacceptable to public sewer authorities shall be disposed of on a regular basis in keeping with the best operating characteristics of the industry, and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety.

E. Heat and Glare. Any operation producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line.

F. Radioactive Materials and Radiation Devices. The use, storage, transportation and disposal of all radioactive materials and radiation machines shall be subject to the regulatory jurisdiction and control of the Radiation Control Agency of the Washington State Department of Social and Health Services as amended.

G. Vibration and Concussion. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the exception of the temporary vibration produced as a result of construction activity. Such temporary construction activity shall be restricted to the hours between 7:00 a.m. and 9:00 p.m. (Ord. 1220 §49, 2004; Ord. 583 §2.10(B)(2), 1980).

16.57.050 Ground and soil contamination.

Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers, or other natural drainage systems. (Ord. 583 §2.10(B)(3), 1980).

16.57.060 Storage.

In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements:

A. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building, with the following exceptions:

1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes;

2. Where the outside storage of merchandise, manufactured products, or raw materials is normal and standard practice, such as in the sale of automotive equipment, manufactured homes, lumber, gardening materials, nursery stock and the like, or on the site on construction projects;

3. When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof.

B. Outside storage shall be maintained in an orderly manner consistent with good housekeeping practices and shall create no:

1. Visual offense to the premises, adjacent properties or the public right-of-way;

2. Fire, safety, health or sanitary hazard.

C. Storage in residential areas shall comply with the same requirements as those specified for business establishments and shall, in addition to the requirements of subsections A and B of this section, comply with the following:

1. Motor vehicles, appliances, and any other mechanical equipment which is no longer operable shall not be stored outside for a period exceeding thirty days;

2. Operable motor vehicles, boats, trailers, recreational vehicles and the like may be stored on the premises; provided, that they do not obstruct the use of public right-of-way or interfere with traffic visibility, especially the visibility of and at intersections of streets. Vehicles so stored shall not be used as living quarters.

D. Storage in or on the public right-of-way is prohibited. (Ord. 1539 §97, 2019; Ord. 583 §2.10(B)(4), 1980).

16.57.070 Compliance with other requirements and standards.

In addition to the specific requirements set forth in this chapter, all uses in every zoning district and the development of land for the conduct of such uses shall be in compliance with the requirements, including the performance standards, of LMC Titles 14, 15 and 16. (Ord. 1005 §1, 1994; Ord. 583 §2.10(C), 1980).

16.57.080 Enforcement.

A. In the enforcement of this chapter, the enforcing officer may require the operator or owner of an existing or proposed activity or use or the owner of the property upon which such activity or use is to be developed or conducted to submit reasonable evidence and technical data to demonstrate that the use or activity is or will be in compliance with the requirements of this chapter. The developer, operator and property owner shall each be responsible to ensure that all such evidence and data is developed using accepted means and methods to attest to its accuracy.

B. The enforcing officer may undertake independent studies and engage such technical assistance as may be needed for such studies or to evaluate data or information submitted by an applicant in connection with the performance standards of any activity.

C. The developer, operator or property owner shall pay for or reimburse the city for the costs incurred in the conduct of such tests as the city may require and for costs incurred by the city to engage technical consultants for review and interpretation of data and findings submitted by or on behalf of the developer, operator or property owner.

D. If significant environmental degradation occurs, or, in the judgment of the enforcing officer is likely to occur in the development of the property for the permitted use, the enforcing officer shall require the developer or property owner or both such persons or firms to undertake such steps as are necessary to prevent, repair or mitigate such degradation. The developer and property owner shall be liable jointly and severally for all costs incurred in carrying out such required actions.

If significant environmental degradation occurs or, in the judgment of the enforcing officer is likely to occur in the conduct of the permitted use or in other operations on the property, the enforcing officer shall require the operator or property owner or both such persons or firms to undertake such steps as are necessary to prevent, repair or mitigate such degradation. The operator and property owner shall be liable jointly and severally for all costs incurred in carrying out such required actions.

The actions called for in this subsection D may include emergency mitigation measures. Prior approval by the enforcing officer of means or methods of development or operation proposed by the developer, operator or property owner, shall not prevent the enforcing officer from requiring corrective action to prevent, repair or mitigate environmental degradation. (Ord. 1005 §3, 1994; Ord. 583 §2.10(D), 1980).