40.260.200 Solid Waste Handling and Disposal Sites
A. Purpose.
The purpose of this section is:
1. To provide methods of solid waste disposal which are calculated to make the most economical and efficient use of land where solid waste disposal either occurs or has occurred;
2. To provide for the protection and preservation of land uses which might be adversely impacted by solid waste handling and/or disposal;
3. To ensure that solid waste handling and/or disposal sites and/or facilities will not constitute nuisances to other land uses, especially residential neighborhoods;
4. To ensure that premises utilized for solid waste handling and/or disposal are appropriately and timely reclaimed.
B. Conditional Use Permit.
1. Solid waste handling and disposal sites, including but not limited to transfer stations, solid waste disposal sites, sanitary landfills, and construction and demolition debris disposal sites, shall be permitted land uses anywhere within the unincorporated areas of the county, and in all zones having been created, or to be created, by Council pursuant to Chapter 36.70 or 35.63 RCW, except that no solid waste disposal site or solid waste handling facility shall be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a conditional use permit as provided in this section and Section 40.520.030.
2. The following solid waste activities shall be exempt from any permit requirements of this section:
a. Any person may dump or deposit solid waste resulting from that person’s own residential or agricultural activities onto or under the surface of premises owned or leased by that person when such residential or agricultural activity is accessory to a residential or agricultural use of the premises permitted under zoning laws.
b. Any person may fertilize grass, flower beds, flowers, gardens, landscaping, and any other vegetation of any kind, for commercial or residential purposes, if done accessory to, or in furtherance of a use permitted on the premises under zoning laws. This exemption shall include the disposal of sewage sludge only if a permit therefor has been obtained from the health officer.
c. Any composting activity accessory to another permitted use on the premises shall be a permitted use for which a permit is not required.
d. Solid waste activities for which a short-term permit has been issued by the health officer pursuant to Section 24.12.330; provided, that such activities are not located within residential zoning districts.
e. Solid waste recycling and reclamation activities not conducted on the same site as and accessory to a solid waste disposal operation; provided, that such recycling and reclamation activities shall be subject to the use regulation of this section.
(Amended: Ord. 2019-05-07)
C. Public Notice.
1. Notice of hearing mailed pursuant to Section 40.510.030(E) shall be sent to owners of property within one thousand (1,000) feet of the proposed use.
2. The Solid Waste Advisory Commission shall be deemed a party of record for the purposes of Chapter 2.51 and Subtitle 40.5 of this code in proceedings to obtain the conditional use permit required by this section.
D. Nonconforming Uses.
1. Activities for which a conditional use permit would be required by this section and for which a solid waste permit was issued by the health officer prior to March 10, 1976, pursuant to Chapter 70.95 RCW, or any ordinance adopted thereunder, shall not be altered or enlarged in any manner except in accordance with the scope of approval given under such health district permit unless a conditional use permit is obtained for the alteration or enlargement.
2. Other activities for which a conditional use permit would be required by this section which were either permitted uses or legally recognized nonconforming uses prior to March 10, 1976, shall not be altered or enlarged in any manner unless a conditional use permit is obtained for the alteration or enlargement; provided, structural changes may be permitted to make structures safe for occupancy or use.
3. Activities for which a special use permit was obtained pursuant to the provisions of the former Chapter 18.70 of the Clark County Code shall be deemed to be operating under a conditional use permit and shall be subject to the transfer and enforcement provisions applicable thereto.
4. Upon application to the responsible official by the owner or occupier of a building or structure, lot, or land devoted to a nonconforming use, or by the owner or occupier of a nonconforming structure, the said owner or occupier shall be entitled to receive from said responsible official a certificate of occupancy or use permit evidencing the date of establishment or construction and the legality of such nonconforming use or structure, and describing the elements of its nonconformity.
E. Information Requirements.
In addition to the requirements of Section 40.510.050 of this title, application for a conditional use permit hereunder shall include the following information:
1. A statement and plan detailing the proposed reclamation of the site, particularly as reclamation will relate to the compatibility of the site as reclaimed with existing and anticipated land uses and zoning; and
2. Any geological or other studies which are deemed necessary to determine the appropriateness of the land for the use proposed.
F. Permit Criteria.
Whenever a use, or the location thereof, is permitted only if a conditional use permit is granted as provided by this section, the use and its location may be allowed subject to the following:
1. Before such approval shall be given, the review authority shall find:
a. That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.
b. That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.
c. That the reclamation plan submitted by the applicant for the proposed use and any expansion clearly demonstrates that the site as reclaimed may be utilized for uses permitted within the zoning district in which it is located.
d. That the proposed use and any expansion does not impair or impede the realization of the objective of the comprehensive plan, and it would not be detrimental to the public interest to grant such proposed use.
2. In making such findings, the review authority shall consider, among other things, the following criteria:
a. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such conditional uses;
b. The conservation of property values and the encouragement of the most appropriate uses of land;
c. The effect that the location of the proposed use may have upon the creation of undue increase of vehicular traffic congestion on public streets or highways;
d. The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use;
e. Whether the use, or materials incidental thereto or produced thereby, may give off obnoxious gases, odors, smoke, or soot;
f. Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration, or noise;
g. Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the county or by other competent governmental agency;
h. To the necessity for suitably surfaced space for purposes of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or abutting the plot wherein the use shall be had;
i. Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion thereof;
j. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area, or other place of public assembly;
k. Whether a hazard to life, limb, or property because of conditions created or which may be created by reason or as a result of the use, and what measures could be effectuated to eliminate or mitigate any such hazards;
l. What restrictions should or should not be imposed in order to secure the purposes of this section and to protect the public and surrounding property owners; and
m. The extent to which any of the criteria contained herein does not apply.
G. Ownership.
No permit shall be issued for a premises except with written consent of the owner or owners. Permission to engage in the use is granted to the permit applicant only or the permit applicant’s transferee. Permits shall be transferable unless the approval specifies otherwise: provided, that the transferee submits proof that the performance bond or other security required pursuant to Section 40.260.200(K) remains in effect. Transferees shall engage in the use authorized by the permit only to the extent authorized by this section and the permit itself.
H. Restrictions upon Operations.
Pursuant to Section 40.520.030(E), reasonable restrictions upon operations may be imposed which are calculated to secure the purposes of this section and the purposes of the comprehensive plan and this title. Such restrictions may relate to any activity anticipated from the use proposed. Examples would be: hours of operation, traffic volume, types of materials processed, volumes of materials handled, setbacks, etc.
I. Future Use of Premises.
1. The future use of the premises may be limited as a condition of the granting of the permit in order to ensure that those uses of the property to be effectuated at the conclusion of the conditional use will be consistent with the character of the land and surrounding existing and permitted land uses and zoning. After the conclusion of the conditional use, the property owner or occupier will be entitled to engage in any appropriate uses allowable in the zoning district in which the use was located.
2. A binding plan of future reclamation of the land shall be required.
3. A binding plan of future development of land may be required.
4. If because of the nature of the conditional use, the uses generally allowed in the zone or use district in which the property is located would no longer be suitable land uses at the conclusion of the conditional use, the consent of the owner and/or occupier to a change in zone to a zone or use district designation which would more nearly reflect the appropriate land uses which should be allowed at the conclusion of the conditional use, may be required as a condition of permit approval as a prerequisite which must be accomplished before the permit may be issued.
J. Permit Period – Renewals – Reviews.
Permit periods may vary. However, the review authority shall specify either a date upon which a permit expires, or the occurrence of an event upon which the permit expires. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required. No permit shall be granted for a period of time in excess of twenty (20) years. Permit renewals shall be processed in the same manner as new applications.
K. Performance Bonds.
Performance bonds or other security acceptable to the review authority in an amount deemed satisfactory to cover the costs of ensuring compliance with the provisions of this title and the terms and conditions of any permit issued hereunder, including required reclamation shall be required as a condition of permit approval.
L. Conditions.
Any conditions may be imposed upon the granting of a special use permit which are calculated to further the purposes of this section, and/or the purposes for which the permit is issued, and/or the purposes for which the permit is required.