Chapter 30.28
GENERAL DEVELOPMENT STANDARDS - MISCELLANEOUS

Sections:

30.28.005    Airpark disclosure.

30.28.010    Accessory apartments.

30.28.015    Adult entertainment uses.

30.28.020    Bed and breakfast guesthouses and bed and breakfast inns.

30.28.025    Community Facilities for Juveniles performance standards

30.28.036    Farmers markets.

30.28.037    Farmland enterprises

30.28.038    Farm product processing and farm support business.

30.28.039    Farm stands.

30.28.040    Fences and freestanding walls.

30.28.050    Home occupation.

30.28.055    Homestead parcel.

30.28.060    Model Hobby Park.

30.28.070    Nonconforming structures.

30.28.072    Nonconforming uses.

30.28.075    Nonconforming uses - structures.

30.28.076    Recreational facility not otherwise listed.

30.28.080    Off-road vehicle (ORV) use areas - authorization and minimum locational and size requirements

30.28.085    Sludge utilization.

30.28.086    Off-road vehicle (ORV) use areas - submittal requirements and development standards for ORV use areas.

30.28.090    Woodwaste recycling and storage facilities, administrative conditional use permits.

30.28.092    Odor prevention requirements

30.28.093    Odor prevention requirements.

30.28.095    Woodwaste recycling and storage facilities, conditional use permits.

30.28.100    Motocross racetracks-authorization, location and size requirements, and pre-application meeting.

30.28.105    Motocross racetracks--submittal requirements, development standards and operation plan.

30.28.110    Material Recovery Facility.

30.28.112    Recycling Facility.

30.28.120    Marijuana Retail Requirements.

30.28.005 Airpark disclosure.

The disclosure text set forth in this section shall be used under the following circumstances and in the following manner:

(1) Development permits and building permits for land that is in, or within 2,500 feet of an airpark shall include the disclosure text in subsection (2) on the final development permit and building permit in a location to be determined by the director of the department. The disclosure requirement shall apply to the real property that is subject to the development permit and/or building permit only so long as the subject property is in, or within 2,500 feet of an airpark. The disclosure notice shall:

(a) be in a form provided by the Department of Planning and Development Services;

(b) contain the legal description of the subject property; and

(c) shall be recorded with the County Auditor concurrent with permit issuance.

(2) The following shall constitute the disclosure required by this section:

"This real property is in, or within 2,500 feet of an airpark; therefore, you may be subject to inconveniences or discomforts arising from aviation activities."

(3) Property that is in, or within 2,500 feet of an airpark shall be identified on the county’s official zoning maps using a designation provided by the Department of Planning and Development Services.

(4) In no case shall liability attach to Snohomish County for any actions, error, or omissions of any person subject to the requirements of this section.

(Added by Amended Ord. 10-008, March 24, 2010, Eff date April 11, 2010)

30.28.010 Accessory apartments.

(1) An owner-occupant of a single family dwelling unit may establish only one accessory apartment, which may be either attached to, or detached from, the single family dwelling. A detached accessory apartment may not be located on a lot on which a temporary dwelling is located.

(2) The owner-occupant(s) shall reside in either the single family dwelling unit, the accessory apartment, or both.

(3) The minimum floor area for an attached or detached accessory apartment shall be 360 square feet, but in no case shall the original single family dwelling unit be reduced below 900 square feet. These floor areas shall be exclusive of garages, porches, or unfinished basements. The floor area of an attached accessory apartment shall not exceed the following percentage of floor area of the single family dwelling unit to which it is accessory, or the following fixed amount, whichever is applicable:

Table 30.28.010(1)

ACCESSORY APARTMENTS-MAXIMUM FLOOR AREA
 

If the floor area of the single family dwelling unit is:

The floor area of the attached accessory apartment shall not exceed:

Under 2,000 sq. ft.

40%

2,000 sq. ft. or more, but less than 3,000 sq. ft.

35% or 800 sq. ft., whichever is greater

3,000 sq. ft. or more, but less than 5,000 sq. ft.

30% or 1,050 sq. ft., whichever is greater

Over 5,000 sq. ft.

20% or 1,500 sq. ft., whichever is greater

The floor area of a detached accessory apartment shall not exceed 40 percent of the floor area of the single family dwelling unit to which it is accessory, or 850 square feet, whichever is less. The square footage of a mobile home allowed as a detached accessory apartment pursuant to SCC 30.91A.050 may exceed this limitation; provided, that the floor area remains less than the square footage of the existing owner occupied home.

(4) For an attached accessory apartment, the architectural character of the single family dwelling shall be preserved. Exterior materials, roof form, and window spacing and proportions shall match that of the existing single family dwelling. Only one main entrance shall be permitted on the front (street face) of the dwelling. Entrances for the attached accessory apartment shall be on the side or in the rear of the dwelling.

(5) The exterior materials, roof form, and window spacing and proportions of a proposed detached accessory apartment structure shall approximate those of the existing single family dwelling. A detached accessory apartment proposed for location within an existing structure, is not required to approximate the exterior features of the existing single family dwelling. A mobile home, where allowed as a detached accessory apartment pursuant to SCC 30.91A.050, is not required to approximate the exterior features of the existing single family dwelling if the existing owner occupied home is a mobile home or if the minimum planting standards for screening set forth at SCC 30.25.028 are incorporated in the building permit application.

(6) In zones categorized as residential, multiple-family or commercial, no portion of a detached accessory apartment shall extend beyond the building front of the existing single family dwelling, unless screening, landscaping, or other measures are provided to ensure compatibility with the immediate neighborhood. Where a proposed detached accessory apartment extends beyond the building front of the existing single family dwelling as described above, the building permit application site plan shall depict the existing and proposed screening, landscaping or other measures to ensure visual compatibility with the immediate neighborhood. The location of existing or proposed structures on the subject property and surrounding structures in the immediate vicinity shall be shown on the site plan. The site plan shall show the amount, type and spacing of proposed planting materials. Plant materials, species and design shall be approved by the department. Landscaping modifications, installation and maintenance requirements and minimum planting standards set forth at SCC 30.25.015 shall apply.

(7) An applicant must provide documentation that the water supply is potable and of adequate flow and that the existing or proposed sewage or septic system is capable of handling the additional demand placed upon it by the attached or detached accessory apartment.

(8) One off-street parking space shall be provided and designated for the attached or detached accessory apartment (in addition to the two off-street parking spaces required for the primary single family dwelling unit). Additional spaces shall be provided to accommodate any additional vehicles owned and/or used by occupants of the attached or detached accessory apartment. Driveways may be counted as one parking space but no parking areas other than driveways shall be created in front yards.

(9) An owner-occupant of a single family dwelling with an attached or detached accessory apartment shall file, on a form available from the department, a declaration of owner occupancy with the department prior to issuance of the building permit for the attached or detached accessory apartment. The initial declaration of owner occupancy shall be recorded with the county auditor prior to filing the declaration with the department. If the department receives information calling into question the owner-occupied status of the property, the department may request a renewed recording of the owner occupancy declaration. This renewal shall be submitted to the department upon request. Within 30 days of a sale or transfer of the property, the new property owner(s) shall record a declaration of owner occupancy with the county auditor. A copy of this recorded declaration shall be submitted to the department referencing the assessor’s tax parcel number.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-021, Mar. 31, 2004, Eff date Apr. 23, 2004; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.28.015 Adult entertainment uses.

Adult entertainment uses must meet the following requirements:

(1) Adult entertainment businesses or uses are prohibited within the area circumscribed by a circle which has the radius shown below from any public or private school, preschool, educational institution, church or other religious facility, public or private park, youth oriented facility, establishment serving alcohol by the drink, or from the following zones: R-5, RC, RU, RD, SA-1, R-20,000, R-12,500, R-9,600, R-8,400, R-7,200, A-10, F, F and R, WFB, T, LDMR, and MR.

(a) Adult entertainment book stores-- 330'.

(b) Adult entertainment dance studios-- 660'.

(c) Adult entertainment movie theaters-- 330'.

(d) Adult hotels-- 330'.

(e) Adult tanning salons-- 330'.

(f) Escort businesses-- 0'.

(g) Nude house cleaning businesses-- 0'.

(h) Panoram premises-- 660'.

(i) Public bathhouses and hot tub premises-- 660'.

(j) All other adult entertainment uses-- 660';

(2) The distances specified in this section shall be measured horizontally by following a straight line from the nearest point of the building in which the proposed adult entertainment use is to be located, to the nearest point of the parcel of property which contains a use from which the proposed adult entertainment use is to be separated, and to the nearest point of a zone listed in SCC 30.28.015(1);

(3) Violation of the use provisions of this section is:

(a) Declared to be a public nuisance per se, which may be abated by the county by way of civil abatement procedures only, and not by criminal prosecution; or

(b) Subject to enforcement in accordance with the provisions of chapter 30.85 SCC but shall not be subject to SCC 30.85.325;

(4) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any county ordinance or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof; and

(5) The following definitions apply to adult entertainment uses:

(a) "Adult entertainment" means any exhibition, performance or medium which is distinguished or characterized by:

(i) acts of masturbation, sexual intercourse, or sodomy;

(ii) fondling or other touching of the human genitals, pubic region, buttocks or female breast;

(iii) human genitals in a state of sexual stimulation or arousal;

(iv) displays of less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola;

(v) human male genitals in a discernibly turgid state even if completely covered;

(vi) any exhibition, performance, or dance conducted in a premises where such exhibition, performance, or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public; or

(vii) adult entertainment shall not include the following:

(A) plays, operas, musicals, or other dramatic works which are not obscene;

(B) classes, seminars, and lectures which are held for serious scientific or educational purposes;

(C) exhibitions or dances which are not obscene;

(viii) For this chapter, any exhibition, performance, dance, or other medium is obscene:

(A) which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(B) which explicitly depicts or describes patently offensive representations or descriptions, applying contemporary community standards of sexual conduct as described in RCW 7.48A.010(2)(b); and

(C) which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.

(b) "Adult entertainer" means any person who provides live adult entertainment within an adult entertainment dance studio as defined in this section whether or not a fee is charged or accepted for entertainment.

(c) "Adult entertainment book store" means any business from which minors are excluded and in which the purchase, rental, viewing or use of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment or adult entertainment materials make up 25 percent or more of the stock in trade.

(d) "Adult entertainment business/use" means any establishment or premises which has as a substantial or significant portion of its trade, the display, barter, rental or sale of any adult entertainment medium, or which meets the definitions contained in this chapter of adult entertainment book stores, adult hotels, adult entertainment movie theaters, adult tanning salons, escort businesses, nude house cleaning businesses, adult entertainment dance studios, panoram premises, or public bathhouse or hot tub premises.

(e) "Adult entertainment dance studio" means any place where an exhibition or dance of any type is conducted where such exhibition involves adult entertainment as defined by this section.

(f) "Adult entertainment movie theater" means any establishment, from which minors are excluded and where the principal use of the premises consists of the showing of motion pictures, slides, or photographic or other visual reproductions, where the subject matter meets the criteria of adult entertainment as defined in this chapter and where fees of any kind are charged. This definition shall include establishments where the above mentioned medium is the major attraction on a regular basis and establishments wherein the above mentioned medium is shown at least 25 percent of the showing time of the theater.

(g) "Adult hotel" means a hotel, motel, or similar commercial establishment which offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(h) "Adult tanning salon" means any establishment which offers tanning services to a member of the public and in which adult entertainment takes place.

(i) "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(j) "Escort business" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for fee, tip, or other consideration.

(k) "Member of the public" means any customer, patron or person, other than an employee, who is invited or admitted to an adult entertainment premises.

(l) "Nude or state of nudity" means displays of less than completely and opaquely covered human genitals, pubic area, anus, buttocks, or female breast below the top of the areola.

(m) "Nude house cleaning business" means a business which offers house cleaning services in which the house cleaner is in a state of nudity.

(n) "Panoram premises" or "adult arcade" means any premises on which any panoram device is located and to which members of the public are admitted. The term "panoram premises" as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.

(o) "Panoram," "preview," "picture arcade," or "peep show" means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view, or other graphic display of adult entertainment. The terms "panoram" and "panoram device" as used in this chapter do not include games which employ pictures, views, or video displays or gambling devices regulated by the state or by chapter 6.36 SCC.

(p) "Public bathhouses and hot tub premises" means any place where baths or hot tubs of any kind are given or furnished to the public for or in expectation of a fee or other compensation, except as exempted in SCC 6.49.030.

(q) "Stock in trade" means the greater of:

(i) the retail dollar value of all prerecorded video tapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

(ii) the total number of titles of all prerecorded video tapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

(r) "Youth oriented facility" means facilities owned or operated by non-profit organizations for the purpose of providing recreational or educational opportunities for youth including, but not limited to, Boys and Girls Clubs, YMCAs, YWCAs, Little League, and other youth sports associations.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.28.020 Bed and breakfast guesthouses and bed and breakfast inns.

(1) Where bed and breakfast inns and bed and breakfast guesthouses are allowed in the same zone, only one or the other of these facilities may be located on a subject property at the same time. An approved bed and breakfast guesthouse may be expanded to a bed and breakfast inn if a conditional use application for an inn is obtained and the original permit for the guesthouse, if necessary, is vacated.

(2) Submittal requirements to accompany a conditional use or building permit application:

(a) Site plan requirements. The site plan shall indicate the location of the off-street parking, proposed screening, the location and size of the bed and breakfast inn, and any proposed new construction to the premises, including additions, remodeling, and outbuildings; and

(b) Architectural requirements. For new construction only, the following shall apply:

(i) the applicant shall submit proposed architectural drawings and renderings of the proposed structure, including exterior elevations, which shall project a residential, rather than a commercial appearance. This architectural documentation shall be in sufficient detail to demonstrate discernible compatibility between the new construction and the existing on-site development and structures; provided further that the applicant also shall document a design which, in scale, bulk, siding, and use of materials, is in keeping with existing buildings on adjacent properties and compatible with the surrounding character and neighborhood in which the guesthouse or inn is located; and

(ii) if an outbuilding or outbuildings are proposed, a land disturbing activity plan, showing the extent of clearing activity, is required. Site design shall be sensitive to the natural features of the site. The use of manufactured and mobile homes is prohibited;

(c) Screening: The owner/operator shall provide screening with shrubs, trees, fencing, and other suitable materials as necessary to minimize the impacts upon the residential character of the surrounding neighborhood; and

(d) Floor plan: The floor plan shall indicate bathrooms to be used by guests and the location and number of guest rooms.

(3) Minimum performance standards:

(a) Parking requirements shall be in accordance with SCC Table 30.26.030(1). No on-street parking shall be allowed;

(b) Meal service shall be limited to overnight guests of the establishment. Kitchens shall not be allowed in individual guest rooms;

(c) The owner shall operate the facility and reside on the premises;

(d) One sign for business identification and advertising shall be permitted in conjunction with the bed and breakfast establishment in accordance with SCC 30.27.060(4);

(e) The bed and breakfast establishment shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, except as to the sign as allowed above, that would be incompatible with the ability of the neighboring residents to enjoy peaceful occupancy of their properties;

(f) Guests shall be permitted to stay at the establishment for not more than 10 consecutive days at a time;

(g) The applicant shall submit a letter from the applicable water purveyor and sewer district, if applicable, stating that each of them has the respective capacity to serve the bed and breakfast inn;

(h) The applicant shall comply with all applicable county codes for fire, health, and building requirements and any applicable food service regulations and on-site sewage disposal requirements of the Snohomish Health District. The applicant shall comply with the applicable state regulations pertaining to public water systems, if a water system is to be developed or connected to an existing public water system;

(i) If three or more guest rooms are proposed, the applicant shall also meet state regulations pertaining to transient accommodation;

(j) If six guest rooms are proposed, the applicant shall meet all requirements for a hotel occupancy pursuant to the building code in chapter 30.52A SCC.

(k) If outbuilding(s) are proposed for guest rooms, each outbuilding shall be a minimum of 130 square feet. The aggregate outbuilding square footage for guest use shall not exceed 850 square feet; and

(l) If an accessory apartment or temporary dwelling exists on the premises, the maximum number of bed and breakfast guest rooms shall be one less than otherwise permitted.

(4) A certificate of occupancy, to ensure compliance with applicable codes, shall be obtained from the department prior to allowing guests at the establishment. The certificate of occupancy shall be subject to an annual inspection and renewal pursuant to SCC 30.53A.361.

(5) In the Forestry (F) zone, bed and breakfast establishments shall not be permitted if the comprehensive plan designates the property as "Commercial Forest." In the F zone, up to three outbuildings for guest use may be permitted, provided that the aggregate outbuilding square footage does not exceed 850 square feet.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 16-029, May 11, 2016, Eff date May 23, 2016)

30.28.025 Community Facilities for Juveniles performance standards

All community facilities for juveniles are subject to the following performance standards. Community facilities for juveniles may be located in zones as set forth in 30.22.100, 30.22.110, and 30.22.120 SCC and the following:

(1) The applicant for a facility shall demonstrate compliance with the siting process set forth in RCW 72.05.400. The applicant shall include the following elements within this public process:

(a) Notification to the County no later than ten days prior to any public meeting;

(b) Notice published in the newspapers of general circulation;

(c) Notice mailed to addresses within 500 feet of the subject site;

(d) A site plan for the public showing how the facilities meet the performance standards set forth in 30.28.025.

(e) A facility program description; and

(f) A security plan that includes the elements listed in 30.28.025(2)(a)(i-iii) SCC.

(g) When the applicant does not combine the public participation process requirement of RCW 72.05.400 with the special use permit process, the applicant shall submit as part of the permit and/or approval documentation, a written summary of the comments received from the public and the applicants or agency’s response to the comments.

(2) The applicant shall provide the following facility information:

(a) A security plan that includes:

(i) Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies for resident trips away from the facility, and policies on penalties and placement back in the institution system.

(ii) Qualified staff numbers, level of responsibilities, and scheduling.

(iii) Visitation policy.

(iv) The contact name and phone number of the facilities manager. The applicant shall notify the County within 10 days of any change to the contact name and/or phone number.

(b) A statement that prior to accepting any youth into the facility, that the facility will provide verification from DSHS that it meets DSHS standards and the requirements of state law.

(3) The applicant shall demonstrate that the site size and building size is adequate for housing the requested number of residents. A copy of the American Corrections Association (ACA) Residential Standards shall be submitted to demonstrate compliance with this criterion.

(4) The applicant shall demonstrate on a site plan compliance with SCC 30.26.030(1) parking standards and SCC 30.25.026 parking lot landscaping.

(5) The applicant shall demonstrate on a site plans and in writing how impacts on traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking.

(6) A narrative describing how any activities producing steam, heat, noise, or glare shall be carried on in such a manner that the steam, heat, noise, or glare shall not create a nuisance beyond the boundary lines of the property within which the use is located. Building materials with high light reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall use full cut-off fixtures so that direct light from high intensity lamps will not result in glare. Lighting shall be directed away from adjoining properties so that not more than 1-foot candles of illumination leaves the property boundaries.

(7) A facility shall meet all health district requirements.

(8) Any proposed new building or proposed exterior modifications to an existing building shall be consistent with the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property pursuant to the guidelines established in the Residential Development Handbook for Snohomish County Communities.

(9) A change of use from an existing residential facility to a community facility for juveniles shall meet all requirements of the adopted construction codes. Any proposed facility locating within an existing building shall be required to apply for a change of occupancy approval in accordance with the adopted construction codes pursuant to chapter 30.52A SCC.

(10) Community facilities for juveniles are subject to environmental review unless otherwise exempt as set forth in chapter 30.61 SCC.

(Added Amended Ord. 05-040, July 6, 2005, Eff date Aug. 8, 2005)

30.28.036 Farmers markets.

(1) When another county permit or occupancy document is required to prepare a farm site for use as a farmers market, the county may review the site plan and description of the proposed market improvements and operational features submitted with that permit application in order to establish compliance with conditions in this section. If another county permit or occupancy document is not required to prepare a farm site for a farmers market, or if the other permit application does not address the conditions in this section, applicants shall submit a site plan and description of the proposed market improvements and operational features for review to establish compliance with conditions in this section.

(2) Farmers markets shall operate subject to the following conditions:

(a) They shall operate only during daylight hours;

(b) They shall meet the off-street parking requirements of 30.26.015 SCC and 30.26.030 SCC;

(c) At least 50% by farm product unit of the products sold shall be grown, raised, or harvested in Snohomish County, and 75% by farm product unit of the products sold shall be grown, raised or harvested in the State of Washington on an average annual basis;

(d) Vendors of locally hand-produced crafts shall be allowed, provided that the maximum percentage of craft vendors shall not surpass 25% of the total number of vendors;

(e) Farmers market facilities shall be located at least 20 feet from the closest street right-of-way and not less than 50 feet from any street right-of-way exceeding 60 feet in width, or the setback listed in Chapter 30.23 SCC, whichever is greater;

(f) Improvements and new structures shall not remove more than 10% of prime farmland soils up to a maximum of one acre, located on the farmers market site from production or from the potential for future production

(g) New structures to be utilized in or for a farmers market shall not exceed 5,000 square feet. Existing structures or portions thereof may be used as a farmers market, provided those structures or portions so used are no greater than 5,000 square feet. The combined total of any new and existing structures shall not exceed 5,000 square feet; and

(h) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(Added Amended Ord. 04-074, July 28, 2004, Eff date Aug. 23, 2004)

30.28.037 Farmland enterprises

(1) Farmland enterprises shall be allowed only on land:

(a) zoned "Agriculture-10 acre;" or

(b) designated pursuant to the comprehensive plan as riverway commercial farmland, upland commercial farmland or local commercial farmland;

(2) Applicants shall submit a site plan and description of the proposed farmland enterprise to permit approval authorities to determine whether or not additional conditions may be required to avoid impacts that are unduly or unreasonably offensive or injurious to properties, residents or improvements in the vicinity. The site plan shall delineate existing structures in a farm building cluster needed to support the activity or business, and include areas proposed for parking, access, storage, signs, lighting and screening as applicable;

(3) Farmland enterprises shall be confined to the portion of the farm site that includes an existing farm building cluster. The farm building cluster shall be designated on the site plan with an accurate legal description. Where the farm site is less than 10 acres in size, the farm building cluster may be increased up to 10 percent of the farm site to serve the farmland enterprise. Where the farm site is 10 acres or more, the farm building cluster may be increased up to one acre in size to serve the farmland enterprise;

(4) The applicant must demonstrate that the activities conducted as a part of the farmland enterprise, including the hours of operation, will be clearly incidental and subordinate to, and will have no significant adverse impact on surrounding agricultural uses and activities or on nearby or adjacent residential or institutional uses, or the rural character of the surrounding area;

(5) Farmland enterprises shall meet the off-street parking requirements of chapter 30.26 SCC, except that paved parking facilities shall not be required;

(6) Improvements associated with the farmland enterprise for access, parking, or drainage, as well as any other physical changes, may remove prime farmland soils from production or potential production, provided the buildings or infrastructures support long-term farm viability and are consistent with the rural character of the surrounding area, and meet the limitations set forth in subsection (3) of this section;

(7) No sewer lines shall be extended to service farmland enterprises;

(8) Any land disturbing activity required to support farmland enterprises shall not unduly impact prime farmland soils or existing natural vegetation;

(9) The farmland enterprise shall not displace any existing tree cover or vegetation that serves as a buffer between adjoining properties, tilled or grazed areas, adjacent wetlands, or adjacent water bodies;

(10) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(Added Amended Ord. 04-074, July 28, 2004, Eff date Aug. 23, 2004; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 15-017, May 6, 2015, Eff date May 24, 2015).

30.28.038 Farm product processing and farm support business.

(1) When another county permit or occupancy document is required to prepare a farm site for use in farm product processing or as a farm support business, the county may review the site plan and description of the proposed improvements and operational features submitted with that permit application in order to establish compliance with conditions in this section. If another county permit or occupancy document is not required to prepare a farm site for a farm product processing or farm support business, or if the other permit application does not address the conditions in this section, applicants shall submit a site plan and description of the proposed improvements and operational features for review to establish compliance with conditions in this section. If the site will include more than 5,000 square feet of building(s) or processing area(s), applicants shall submit a description of the proposed processing activity or farm support business to permit approval authorities to determine whether or not additional conditions may be required to avoid impacts that are unduly or unreasonably offensive or injurious to properties, residents or improvements in the vicinity or the rural character of the surrounding area. Such information, at a minimum, shall include:

(a) The nature of the operation;

(b) The proposed number of employees associated with the processing activity or farm support business; and

(c) A site plan, including: the proposed location of any new or existing structures needed to support the activity or business; areas proposed for parking, access, access, and storage; and proposed signs, lighting, and screening, as applicable.

(2) For farm parcels of five (5) acres or less, no more than 20 percent of the parcel, or for farm parcels of five acres or greater, no more than two (2) acres of land, shall be developed for farm product processing or farm support business, including areas used for structures, parking, storage, display, setbacks, signage and landscaping. Land serving the farm support business may include portions of the parcel or farm contained on the same lot as farm product processing.

(3) The nature of the operation, activity generated, and any structures shall not significantly adversely affect adjacent properties.

(4) Physical scale and use intensity shall be compatible with the surrounding neighborhood.

(5) Adequate wastewater management facilities shall be provided on-site for farm product processing facilities.

(6) New structures shall be located at least 20 feet from the closest street right-of-way and not less than 50 feet from any street right-of-way exceeding 60 feet in width, or the setback listed in Chapter 30.23 SCC, whichever is greater.

(7) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(8) Improvements and new structures for farm product processing and farm support businesses shall not remove from production or from the potential for future production more than 10% of prime farmland soils located on the parcel to contain the proposed use.

(Added Amended Ord. 04-074, July 28, 2004, Eff date Aug. 23, 2004)

30.28.039 Farm stands.

(1) The maximum size of a farm stand shall be 5,000 square feet and, if more than one stand is located on a lot, the total square footages shall not exceed 5,000 square feet.

(2) At least 50% by farm product unit of the products sold shall be grown, raised or harvested in Snohomish County, and 75% by farm product unit of the products sold shall be grown, raised or harvested in the State of Washington on an average annual basis.

(3) All new structures shall be located at least 20 feet, or the setback listed in Chapter 30.23 SCC, from public and private road rights-of-way, whichever is greater.

(4) Farm stands shall meet the off-street parking requirements of 30.26.015 SCC and 30.26.030 SCC.

(5) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(6) Structures or portions thereof existing prior to the effective date of this section may be used as a farm stand, provided the structures or portions so used are no greater than 5,000 square feet total.

(Added Amended Ord. 04-074, July 28, 2004, Eff date Aug. 23, 2004)

30.28.040 Fences and freestanding walls.

(1) All fences and freestanding walls on corner lots must meet the vision clearance requirements of SCC 30.23.100.

(2) Where a fence is built on top of a retaining wall, fence height shall be measured on the up hill side.

(3) Up to three strands of wire are allowed on top of fences six feet or less in height.

(4) Fences and freestanding walls six feet or less in height shall be set back the width of any required landscaped area, or where no landscaped area is required, may be allowed without a setback in any required front, side, or rear yard.

(5) An open wire mesh or similar type fence may be erected in excess of the maximum heights permitted in this section on the periphery of play grounds associated with private and public schools and parks, public facilities, industrial and commercial uses, transmitter and transformer sites, and government installations where security or public safety is required.

(6) Site-obscuring fences and freestanding walls in excess of six feet shall meet the required building setback or the width of any required or approved landscaped area if less than the required building setback.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.28.050 Home occupation.

To verify that a home occupation use is allowed in a particular zone see SCC 30.22.100, 30.22.110, and 30.22.120.

(1) General.

(a) Not more than one person outside the family shall be employed.

(b) The occupation shall be secondary to the use of the dwelling for dwelling purposes.

(c) There shall be no external display of merchandise. No sales or fees for the use of merchandise except that produced by the inhabitants shall be made in the dwelling or on the premises.

(d) The maximum nameplate horsepower rating of any single piece of mechanical equipment used in the home occupation shall be five horsepower, and no equipment shall be three-phase motors. The electrical service for the home occupation shall not exceed 200 amps.

(e) Not more than one-fourth of the total square footage of the dwelling may be used in the occupation.

(f) Signs in connection with the occupation shall be unlighted, shall not exceed two square feet, and shall be attached flat to the building.

(g) The home occupation shall in no way affect the appearance of the building as a residence.

(h) The home occupation shall be fully enclosed within the residence with no outside storage of equipment or materials.

(2) Winemaking in detached accessory structures shall be permitted as a home occupation in the R 9,600 zone, provided that the winery complies with the following:

(a) The home occupant operates under and maintains annual renewals of a valid domestic winery license originally issued by the Washington Department of Licensing, Business and Professionals Division pursuant to the rules and regulations of the state Liquor Control Board before November 1, 2003;

(b) The existing detached accessory structure is located on a lot at least 0.5 acres in size;

(c) The accessory structure does not exceed 2,500 square feet in gross floor area;

(d) The accessory structure meets a minimum setback of five feet from the property line;

(e) The accessory structure meets a building separation of at least 10 feet;

(f) The winery complies with subsection (1)(f) of this section. The remaining provisions of subsection (1) of this section do not apply.

(g) Temporary outside storage of materials and equipment used in the production and transport of wine is outside of the setback area; and

(h) A certificate of occupancy is obtained from the department. The certificate of occupancy shall be subject to an annual inspection and renewal pursuant to SCC 30.53A.361.

(3) Use of accessory buildings. Home occupations may be conducted in an accessory building and/or an attached garage in accordance with the following:

(a) The provisions of subsections (1)(a), (c), (d), and (f) of this section shall be met:

(b) A minimum lot size of one acre is required;

(c) SCC Table 30.28.050(3)(c) identifies the maximum allowable, combined accessory building and attached garage area and the minimum required building setback for the garage and/or the accessory building from adjacent residentially zoned properties according to the home occupation lot or parcel size; except that in the rural business zone the requirements of the table shall not apply, and a maximum allowable combined accessory building and attached garage area of 1,000 square feet shall be permitted, and the minimum building setback from adjacent residentially-zoned property shall be 30 feet.

Table 30.28.050(3)(c)

HOME OCCUPATION

MAXIMUM FLOOR AREA/MINIMUM BUILDING SETBACK
 

 

One acre

Two acre

Three acre

Four acre

Five or more acres

Area (sq. ft.)

500

600

700

800

900

Setback (ft.)

30

40

50

60

70

(d) The home occupation shall in no way affect the appearance of the accessory building and/or the attached garage as accessory to the residential dwelling;

(e) The home occupation shall be fully enclosed within the accessory building and/or the attached garage including no outside storage of equipment or materials;

(f) The home occupation shall not create a level of noise vibration, smoke, dust, odors, heat, light, or glare beyond that which is acceptable in a residential area;

(g) The following activities, including any similar activities, are prohibited as home occupations: minor or major automobile, truck or heavy equipment fueling, maintenance or repair; auto-body work or painting; parking or storage of heavy equipment; and any Group H occupancies as defined in the building code except for woodworking and spray finishing in conjunction with woodworking activities;

(h) The home occupation hours of operation shall be limited to: 8:00 a.m. to 8:00 p.m., Monday through Friday; and 9:00 a.m. to 5:00 p.m., Saturday and Sunday; and

(i) A certificate of occupancy shall be obtained from the department prior to commencing the home occupation to ensure building and fire code compliance. The certificate of occupancy shall be subject to an annual inspection and renewal pursuant to SCC 30.53A.361.

(4) Resource-based and rural home occupations. Home occupations that are related to mineral, agriculture or forestry resources, or related to rural residential land uses may use the provisions of this subsection instead of the provisions of subsection (3) of this section. When the provisions of this subsection are used, the provisions of subsection (3) of this section shall not be used and all provisions of this subsection shall be met. Home occupations shall be subject to the following:

(a) A resource related home occupation shall be a resource-based business that is dependent upon mineral, agriculture, or forestry resources for its existence;

(b) A home occupation related to a rural residential land use shall be a rural residential-based business that either provides a service or creates a product primarily used in a rural area;

(c) The provisions of subsection (1)(f) of this section shall be met;

(d) The home occupation shall in no way affect the appearance of the accessory building and/or attached garage as accessory to the residential dwelling;

(e) The home occupation hours shall be limited to: 7:00 a.m. to 8:00 p.m., Monday through Friday; and 9:00 a.m. to 5:00 p.m., Saturday and Sunday;

(f) A certificate of occupancy shall be obtained from the department prior to commencing the home occupation to ensure building and fire code compliance. The certificate of occupancy shall be subject to an annual inspection and renewal pursuant to SCC 30.53A.361;

(g) Except for the outside storage area permitted in subsection (4)(j) of this section, the home occupation shall be fully enclosed within an accessory building and/or an attached garage;

(h) A minimum lot size of one acre is required;

(i) SCC Table 30.28.050(4)(i) identifies the maximum allowable combined accessory building and attached garage area and maximum allowable outside storage area that may be used for the home occupation, and minimum side and rear yard setback required for the garage and/or accessory building from adjacent residentially-zoned properties;

Table 30.28.050(4)(i)

HOME OCCUPATION MINIMUM SETBACKS & MAXIMUM ALLOWED AREA
 

 

One acre

Two Acres

Three Acres

Four Acres

Five Acres

Ten or More Acres

Building Area (sq. ft.)

1,000

2,000

3,000

4,000

5,000

7,000

Storage Area (sq. ft.)

2,500

2,500

3,000

4,000

5,000

7,000

Setback (ft.)

40

50

60

75

85

100

(j) Outside storage shall be enclosed with a solid fence or landscaped with a sight-obscuring vegetative screen effective in screening the area from adjacent properties and public roads;

(k) The combined accessory building and attached garage area used for the home occupations shall not exceed 7,000 square feet. Any accessory building 4,000 square feet or larger used for a home occupation pursuant to this subsection shall be screened from adjacent rural residential properties by Type A landscaping consistent with SCC Table 30.25.020(1) provisions along the length of the building when any portion of the building is within 100 feet of a property boundary or public right-of-way;

(l) The parking area for any commercial vehicles used in the conduct of the home occupation and all but three vehicles of persons employed in the home occupation shall be located either indoors or within the outside storage area specified in subsection (4)(j) of this section;

(m) The home occupation shall comply with applicable county code pertaining to maximum noise levels, drainage and dust control, and shall shield outdoor lighting and glare from adjacent residential properties;

(n) The home occupation shall not employ more than three persons outside the family who perform work on the site; and

(o) The following activities, including any similar activities, are prohibited as rural home occupations: processing of minerals, sawmills, retail or wholesale sale of motor vehicles, major and minor automobile repair (except repair of vehicles and equipment used in a rural residential based or resource-based home occupation business), motor vehicle body work or painting, and any Group H occupancies as defined in the building code, except for woodworking and spray finishing in conjunction with woodworking activities.

(5) The following activities, including any similar activities, are prohibited as home occupations in all zones: marijuana production, marijuana processing, marijuana retail, marijuana collective gardens, marijuana collective garden dispensaries, and marijuana access points.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 08-101, Jan., 1, 2009, Eff date April 21, 2009; Amended by Amended Ord. 13-086, Nov. 13, 2013, Eff date Nov. 28, 2013; Amended by Amended Ord. 16-029, May 11, 2016, Eff date May 23, 2016)

30.28.055 Homestead parcel.

Lot area and lot width requirements may be reduced; provided that:

(1) The parcel is designated as agricultural land of primary or secondary significance in the Snohomish County Agricultural Preservation Plan or as agriculture in an adopted subarea comprehensive plan;

(2) The resultant non-homestead parcel shall not be less than the minimum lot area permitted in the zone;

(3) A dwelling currently exists on the parcel, and must have existed on the parcel prior to the effective date of this amendment;

(4) The homestead parcel shall include no more than two acres of land, unless soil conditions, topography, or other unique circumstances require a greater land area;

(5) Concurrent with application under this section, the applicant shall submit an application under chapter 30.41B SCC or chapter 30.41E SCC, where appropriate; and

(6) Approval shall be dependent upon a determination by the hearing examiner that the proposed use is for the purpose of consolidation of existing agricultural lands or operations establishing an existing non-farm residential use, minimizes interference with the usual and normal farm practices on adjacent agricultural lands, and further that the following conditions are imposed:

(a) A declaration shall be recorded with the homestead parcel which states that the homestead parcel is located in an agricultural area which experiences activities customarily associated with agricultural practices;

(b) The non-homestead parcel created by subdivision shall not be subdivided further for a period of 10 years following creation of the initial homestead parcel, except as provided for herein; and

(c) No dwelling shall be constructed on the non-homestead parcel created by subdivision for a period of 10 years from approval of the conditional use permit except for farm worker dwellings.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.28.060 Model Hobby Park.

(1) An application for a model hobby park shall include the following:

(a) A plan for the model hobby park showing the location of all property lines, ground circulation and parking areas, runways, tracks, pits, overflight areas, and other improved or active use areas. The plan shall also depict a non-use area at least 100 feet wide adjacent to and beyond all active use areas, including overflight areas;

(b) Operational information which demonstrates that the model hobby park will be operated in conformance with all applicable provisions of county code and state law and shall avoid impacts which are unduly or unreasonably offensive or injurious to properties, residents, or improvements in the vicinity; and

(c) Documentation that the improved or active use areas and the overflight areas, if any, are authorized for such use, if not fully under the ownership of the applicant.

(2) Runway, track, and pit surfaces shall be limited to natural grass or removable composite matting in the A-10 zone.

(3) Maximum allowable runway size shall be 600 feet by 100 feet, not including buffer overrun areas.

(4) The improved area, including parking, pit, track, and runway areas but excluding any overflight area, shall be limited to five acres. In the A-10 zone, parking stalls and aisles shall not be paved.

(5) Minimum size of the site, including any overflight area, shall be 20 acres.

(6) Any site improvements and structures in addition to the runways, tracks, and pits shall be incidental to the use of the site as a model hobby park.

(7) Operation of models shall be prohibited within identified non-use areas.

(8) In the A-10 zone, land disturbing activity shall be limited in order to preserve prime farmland. At least 75 percent of prime farmland on site shall remain undisturbed.

(9) A model hobby park permit application shall be processed in accordance with the provisions of chapter 30.42C SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010)

30.28.070 Nonconforming structures.

The following requirements apply to nonconforming structures:

(1) Continuance: Any legally established nonconforming structure is permitted to remain in the form and location in which it existed on the effective date of the nonconformance;

(2) Improvements: Nonconforming structures may be structurally altered or enlarged only if the setback, height, lot coverage, and open space requirements of the zone in which the structure is located are met; except that repair to the existing structure including ordinary maintenance or replacement of walls, fixtures, or plumbing shall be permitted so long as the exterior dimensions of the structure, as it existed on the effective date of the nonconformance, are not increased;

(3) Restoration: A structure that is accidentally destroyed may be fully restored only if the setback and yard requirements of chapter 30.23 SCC are met unless the structure is listed on the National Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory, in which case, the structure may be restored and located in its former location despite noncompliance with the bulk regulations:

(a) To restore a destroyed nonconforming structure, a building permit must be submitted to the department within one year of the destruction; and

(b) A structure shall be considered destroyed for purposes of this section if the restoration costs exceed 75 percent of assessed value of record when the damage occurred.

(Added Amended Ord. 02-064, December 9, 2002, Eff Date February 1, 2003)

30.28.072 Nonconforming uses.

(1) Continuance: Any legally established nonconforming use may be continued subject to the provisions of this section.

(2) Changes: Nonconforming uses may only be changed to other uses that are allowed by this title in the zone within which the nonconforming use is located.

(3) Abandonment: If a nonconforming use is abandoned or discontinued for a period of 12 consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structures shall be in conformity with the provisions of this title. The mere presence of a structure, equipment, or material shall not be deemed to constitute the continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.

(4) Expansion: A nonconforming use may be expanded upon approval of an administrative conditional use permit. The department may impose conditions upon the expansion of the use to minimize impacts and ensure compatibility with nearby existing and potential uses. A nonconforming use may be expanded if the department determines that the following criteria are met:

(a) The area proposed for expansion is contiguous to the nonconforming use;

(b) The area is held under the same ownership as the land with the nonconforming use and has been so owned since immediately prior to the time the use has become nonconforming;

(c) The area for expansion is an area where the use would have been allowed immediately prior to the time the use became nonconforming;

(d) The expansion shall not increase the ground area devoted to the nonconforming use by more than 100 percent of that in use at the effective date of the nonconformance, except that within the UC zone the expansion shall not increase the ground area devoted to the nonconforming use by more than 10 percent of that existing at the effective date of the nonconformance;

(e) The expansion shall not increase the ground area covered by the structural portion of the nonconforming use by more than 100 percent of that existing at the effective date of the nonconformance, except that within the UC zone the expansion shall not increase the ground area covered by the structural portion of the nonconforming use by more than 10 percent of that existing at the effective date of the nonconformance;

(f) The expansion shall not be approved if it is found to be detrimental to surrounding properties, or to the implementation of the adopted comprehensive land use plan for the area;

(g) The expansion shall not be granted if it would result in a significant increase in the intensity of the use of the nonconformity;

(h) Within the UC zone reconstruction of a destroyed nonconforming use is not permitted unless it complies with the requirements of chapter 30.34A SCC; and

(i) For purposes of this section "ground area" includes, but is not limited to, building footprint, paved surface parking, enclosed outdoor storage area, and enclosed outdoor service areas.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-007, Sep. 11, 2013, Eff date Oct. 3, 2013)

30.28.075 Nonconforming uses - structures.

The following requirements apply to structures, whether conforming or nonconforming, that house or contain nonconforming uses:

(1) Improvements: No structure containing a nonconforming use shall be enlarged, extended or structurally altered, whether the structural alterations meet the bulk requirements of this code or not, unless the nonconforming use is changed to a use permitted by this code; except that repair to the existing structure including ordinary maintenance or replacement of walls, fixtures, or plumbing shall be permitted so long as the exterior dimensions of the structure, as it existed on the effective date of the nonconformance are not increased;

(2) Restoration: A structure housing a nonconforming use that is accidentally destroyed may be fully restored only if the setback and yard requirements of chapter 30.23 SCC are met unless the structure is listed on the National Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory, in which case, the structure housing the nonconforming use may be restored and located in its former location despite noncompliance with the bulk regulations:

(a) To restore a destroyed structure housing a nonconforming use, a building permit must be submitted to the department within one year of the destruction; and

(b) A structure shall be considered destroyed for purposes of this section if the restoration costs exceed 75 percent of assessed value of record when the damage occurred.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.28.076 Recreational facility not otherwise listed.

(1) A-10 zone: Recreational facilities not otherwise listed are allowed in A-10 zones with a conditional use permit, except within lands designated in the comprehensive plan (GPP) as local commercial farmland, upland commercial farmland, or riverway commercial farmland. New playing fields and supporting facilities within lands designated as recreational land in the comprehensive plan are allowed with an administrative conditional use permit.

(a) Permissible recreational uses shall include only non-motorized field games or sports and shall be conducted on uncovered fields under private ownership and control;

(b) Site development shall be depicted on a site development plan and shall include only the following temporary improvements: ball fields, dugouts, seating, fencing, field equipment, storage structures for sports and field maintenance equipment, concession stands, parking areas, and other such temporary improvements as may be associated with the proposed recreational use;

(c) All buildings and parking areas shall be set back a minimum of 50 feet from the property boundaries. If the recreational use produces adverse conditions that will unduly affect an adjacent agricultural use, the director may impose a larger setback in order to alleviate the effects of such adverse conditions, which include but are not limited to noise, vibration, dust, and light;

(d) All buildings shall be less than 300 square feet in size and located in proximity to the parking areas;

(e) A maximum of two concession stands are allowed and shall not include permanently installed food service equipment;

(f) Parking area and perimeter landscaping are required pursuant to chapter 30.25 SCC and chapter 30.26 SCC;

(g) Unfenced playing fields shall be set back 50 feet from property boundaries. Fields with a perimeter fence, a minimum of six feet in height, may be placed within the setback subject to perimeter landscaping requirements;

(h) No outdoor lighting is allowed;

(i) Uses are restricted to daylight hours only; and

(j) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(2) Forestry (F) zone: Recreational facilities not otherwise listed are allowed in F zones with an administrative conditional use permit when all of the following conditions in subsections (2)(a) through (j) of this section are met; otherwise recreational facilities are allowed in F zones with a conditional use permit.

(a) Permissible recreational uses shall include only non-motorized activities;

(b) Site development shall be depicted on a site development plan and shall include only the following temporary improvements: ticketing booths, restroom facilities, storage structures for recreational and maintenance equipment, fencing, structures other than buildings, parking areas, trails, and other such temporary improvements as may be associated with the proposed recreational use;

(c) Minimum setbacks for buildings and other structures depend on comprehensive plan designation: For sites designated on the Future Land Use Map as Commercial Forest, new buildings, structures, and parking areas shall be set back 500 feet from the property boundaries of adjacent Commercial Forest lands; for sites not designated as Commercial Forest, the setbacks shall be 200 feet from adjacent properties. If the recreational use produces adverse conditions that will unduly affect an adjacent forestry use, the director may impose a larger setback in order to alleviate the effects of such adverse conditions, which include but are not limited to noise, vibration, dust, and light;

(d) All buildings shall be less than 600 square feet in size; most should be located in proximity to the parking areas;

(e) Sites less than five acres may have up to two buildings; sites between five and 10 acres may have three buildings, and one additional building is possible for each additional five acres of site;

(f) Structures other than buildings – such as open-sided structures, and towers to support equipment – shall not have a total footprint of more than 400 square feet per acre of total site;

(g) Parking area and perimeter landscaping are required pursuant to chapter 30.25 SCC and chapter 30.26 SCC;

(h) No outdoor lighting is allowed;

(i) Uses are restricted to daylight hours unless a special events permit is obtained; and

(j) Structures shall meet all provisions of federal, state and local statute and laws, including provisions to assure water quality and flood protection.

(3) Forestry and Recreation (F&R) zone: Recreational facilities not otherwise listed are allowed in F&R zones with an administrative conditional use permit when all of the following conditions in subsections (3)(a) through (i) of this section are met; otherwise recreational facilities are allowed in F&R zones with a conditional use permit.

(a) Permissible recreational uses shall include only non-motorized activities;

(b) Site development shall be depicted on a site development plan and shall include only the following temporary improvements: ticketing booths, restroom facilities, storage structures for recreational and maintenance equipment, fencing, structures other than buildings, parking areas, trails, and other such temporary improvements as may be associated with the proposed recreational use;

(c) Minimum setbacks for buildings and other structures depend on comprehensive plan designation: For sites designated on the Future Land Use Map as Commercial Forest, new buildings, structures, and parking areas shall be set back 500 feet from the property boundaries of adjacent Commercial Forest lands; for sites not designated as Commercial Forest, the setbacks shall be 50 feet from adjacent properties. If the recreational use produces adverse conditions that will unduly affect an adjacent forestry, residential, or agricultural use, the director may impose a larger setback in order to alleviate the effects of such adverse conditions, which include but are not limited to noise, vibration, dust, and light;

(d) All buildings shall be less than 1,000 square feet in size and most should be located in proximity to the parking areas;

(e) For sites less than five acres, a maximum of three buildings are allowed;

(f) For sites greater than five acres, three buildings are allowed for the first five acres, and one additional building is allowed for every additional five acres;

(g) Parking area and perimeter landscaping are required pursuant to chapter 30.25 SCC and chapter 30.26 SCC;

(h) Uses are restricted to daylight hours unless a special events permit is obtained; and

(i) Structures shall meet all provisions of federal, state and local statutes and laws, including provisions to assure water quality and flood protection.

(Added Amended Ord. 04-074, July 28, 2004, Eff date Aug. 23, 2004; Amended Ord. 06-004, March 15, 2006, Eff date April 4, 2006; Amended by Amended Ord. 15-015, April 15, 2015, Eff date April 30, 2015)

30.28.080 Off-road vehicle (ORV) use areas - authorization and minimum locational and size requirements

(1) ORV use areas authorized. Subject to the requirements of this section and SCC 30.28.085, ORV use areas are allowed as a conditional use pursuant to SCC 30.22.110 and chapter 30.42C SCC in portions of the Forestry and Recreation zone which are designated Forest on the comprehensive plan map; provided, however, that ORV use areas are prohibited in the following areas:

(a) forestry planting areas;

(b) natural area preserves identified by DNR;

(c) natural resource conservation areas;

(d) old growth research areas identified in forest management plans; and

(e) areas currently under harvest.

(2) Minimum size and locational restrictions. Proposed ORV use areas must meet the following minimum requirements in order to be eligible for a conditional use permit:

(a) ORV use areas shall be at least 20 acres in size, except that no minimum size shall be required for expansions of existing ORV use areas or where the location of a new ORV use area will develop trail connections with an existing ORV use area.

(b) ORV use areas shall be located no closer than 3 miles from the boundary of another ORV use area, except where (i) an existing ORV use area is expanded, or (ii) a new ORV use area is proposed for purposes of providing connected corridors and trails with an adjacent ORV use area.

(Added Amended Ord. 05-146, Jan. 18, 2006, Eff date Feb. 12, 2006)

30.28.085 Sludge utilization.

(1) Minimum total project area including setbacks is 20 acres; provided that sludge utilization at a completed sanitary landfill or on a completed cell within a sanitary landfill shall not be subject to this requirement.

(2) Access to the site shall be controlled in an acceptable manner using measures such as fences, gates, posting, etc.

(3) For the following applications, minimum setbacks between the utilization area and the property boundary shall be observed (unless a lesser setback is agreed to by the adjoining property owner(s) outside of the project boundaries):

(a) Spray application: 500 feet;

(b) Surface application: 300 feet; and

(c) Sub-surface injection: 200 feet.

(4) Minimum setbacks from year-round surface waters shall be 200 feet, or greater if deemed necessary to protect water quality.

(5) A joint site inspection shall be arranged by representatives of the Snohomish Health District and the department at the time of initial application. The applicant shall provide said agencies with at least 10 days advance notice of such initial application.

(6) The applicant shall submit for approval by the hearing examiner a monitoring schedule suitable to the Snohomish Health District.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.28.086 Off-road vehicle (ORV) use areas - submittal requirements and development standards for ORV use areas.

(1) Submittal requirements. Conditional use permit applications for a proposed ORV use area are subject to the submittal requirements of SCC 30.70.030 and shall include the following additional information:

(a) A proposed ORV site plan pursuant to subsection (3) of this section, which shall be clear, precise, and drawn to scale.

(b) A proposed ORV operations plan pursuant to subsection (4) of this section.

(c) The following maps, which may be submitted separately or included with the proposed ORV site plan required by subsection (3) of this section:

(i) a vicinity map;

(ii) a zoning map of the proposed site and surrounding properties;

(iii) a DNR forest grade map of the property, if available; and

(iv) a map depicting surrounding land uses at a scale no smaller than 50 feet to one inch. Distances from residential dwellings, bed and breakfast inns or guesthouses, schools, resorts, hospitals, sanitarium, nursing or convalescent facilities shall be noted on the site plan. Owners of such properties located within 2,000 feet of the ORV use area boundaries shall be identified by name and address on a map.

(d) A signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the ORV use area. If the ORV use area operator designated pursuant to subsection (4)(a) of this section is a person or an entity other than the applicant for the ORV use area permit, then that person or entity shall also submit a signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the ORV use area.

(2) Development standards. Conditional use permits for ORV use areas shall require compliance with the site plan and operations plan approved by the hearing examiner pursuant to subsections (3) and (4) of this section, respectively, and shall include conditions that ensure compliance with the following requirements:

(a) ORV use areas shall be located so as to minimize impacts to nearby communities and other land uses. ORV use areas shall be located no less than 250 feet from the boundary of any existing residential dwelling unit, bed and breakfast inn or guesthouse, school, hospital, sanitarium, resort, church, or nursing or convalescent facility, unless the conditional use permit application includes a written affidavit from the current owner of the residence or facility approving of the proposed ORV use area.

(b) ORV use areas shall be planned and designed so as to minimize the disturbance and conversion of commercial forest land. To the greatest extent possible, development activity shall be located on the lowest feasible timber land grade available on the subject property as graded by DNR or other grading system approved by the department. The ORV use area shall be subject to conditions that minimize impacts to forest practices and avoid forest practice conversion.

(c) Trailheads shall be located on access roads that adequately meet projected travel demand.

(d) Trail design shall meet U.S. Forestry Standards and Specifications for Construction and Maintenance of Trails, United States Department of Interior, USFS for control of erosion, drainage management, soil stability and safety.

(e) No land clearing shall be allowed for the primary purpose of providing spectator seating or viewing areas.

(f) Off-road vehicle use shall comply with all applicable county codes.

(g) Parking shall only be allowed in the ORV park trailhead, or other approved parking areas in campgrounds, and shall not be permitted in the rights-of-way of county access roads.

(h) Signage shall be allowed pursuant to SCC 30.27.060(5).

(i) Campgrounds may be located within an ORV use area boundary. The area included in the campground shall not be considered in determining whether a proposed ORV use area satisfies the minimum size or locational requirements in SCC 30.28.080(2). Campground design shall be considered in conjunction with an ORV park conditional use permit review subject to all applicable regulations including but not limited to SCC 30.22.130(32).

(j) Conditional use permit contact information, indemnification documentation, and required affidavits shall be kept current. Within two weeks of any transfer of ownership or responsibility, the contact information, indemnification documentation, including the agency name, contact name, address, and telephone and fax numbers, shall be submitted to the department referencing the conditional use permit file number.

(3) ORV site plan. Site plans submitted for a proposed ORV use area pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with ORV permit conditions imposed pursuant to subsection (2) of this section. An ORV site plan must include the following:

(a) One or more maps showing:

(i) The area and dimension of the proposed ORV use area.

(ii) All adjoining rights-of-way and access points.

(iii) The location of all existing and proposed uses, public road crossings, and perimeter setbacks required by SCC 30.32A.120, as well as the dimensions of any existing or proposed structure, trailhead, camping area, or special activity area.

(iv) The general location of trails and any alternate trails and their design standards.

(v) Critical areas located in proposed ORV use area, as well as all applicable buffers and proposed stream crossings.

(vi) The location of all signage, including boundary, interpretative, regulatory, safety and directional signage.

(vii) The location of on-site waste collection facilities, which shall be required.

(b) Narrative text addressing each of the following:

(i) The location and physical features of the proposed ORV use area.

(ii) The existing and proposed uses of the proposed ORV use area.

(iii) The types of special events, if any, which would occur at the proposed ORV use area.

(iv) Trail construction standards and classes of trails for the proposed ORV use area.

(v) If the trails are proposed for organized competitive events, a statement describing how the trail designs for the proposed ORV use area comply with insurance industry standards.

(vi) If the proposed ORV use area is to be developed in phases, a description of each project phase and a timetable for completion.

(vii) The name of the proposed ORV use area.

(viii) The name of the owner and operator, with address and phone numbers.

(ix) A legal description of the proposed ORV use area.

(x) The name, address and telephone number of the firm that prepared the site plan.

(4) ORV operations plan. Operations plans submitted for a proposed ORV use area pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with permit conditions imposed pursuant to subsection (2) of this section. An ORV operations plan must address the following:

(a) The name, address and phone number of the property owner, or an entity authorized by the property owner, that will be responsible for operation of the proposed ORV use area.

(b) Best management practices for proposed ORV use area, including trail design, construction, and maintenance, as well as forest practices stewardship.

(c) Environmental monitoring to evaluate trail usage problems and environmental impacts of the proposed ORV use area, as well as a description of expected impacts on critical areas, visual resources, cultural sites, wildlife and surrounding land uses.

(d) Park development and management of the proposed ORV use area, including required or proposed insurance policies.

(e) Safety training and education for the proposed ORV use area, to be coordinated with dedicated clubs and user groups.

(f) Security measures to be implemented for the proposed ORV use area, including fencing (if any), boundary protection, accident reporting procedures, and trespassing management plans.

(g) Special event programming and management for the proposed ORV use area, which must comply with the requirements of chapter 6.37 SCC for events and assemblies.

(h) Park rules and regulations for the proposed ORV use area, which must be posted at trailheads and trail access points. At a minimum, the rules and regulations for an ORV use area must address the following:

(i) Hours of operation for the proposed ORV use area and a prohibition on ORV use outside of those hours.

(ii) Schedules for facility and trail maintenance, as well as waste collection.

(iii) A prohibition on ORV use in or upon any waters of any stream, bog, river, creek, wetland, or marsh unless specifically permitted by the ORV use area permit.

(iv) A requirement that all lighting be directed away from adjoining properties.

(5) Alterations to approved ORV site plan or operations plan. Proposed alterations to a site plan or operations plan approved for an ORV use area pursuant to this section shall be considered a minor permit revision, provided that the revision would minimize environmental damage or improve safety. All other revisions shall be considered major revisions and shall require approval pursuant to the requirements of this section.

(Added Amended Ord. 05-146, Jan. 18, 2006, Eff date Feb. 12, 2006; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.28.090 Woodwaste recycling and storage facilities, administrative conditional use permits.

An administrative conditional use permit is required within the zones indicated in SCC 30.22.100 and 30.22.110. The following minimum requirements will apply to such facilities:

(1) An application for an administrative conditional use permit to allow a woodwaste recycling and/or woodwaste storage facility shall include the following:

(a) A site development plan showing all woodwaste storage areas (active and reserve areas), recycled material storage areas, equipment, parking areas, access drives/fire lanes, extent of vegetation clearing, buffer widths, on-site sewage disposal areas (if proposed), proposed site structures, existing site structures that are to remain or be removed, natural drainage courses and probable alterations which will be necessary to handle the expected drainage from the site; and

(b) Operational information which demonstrates that:

(i) Adequate fire prevention and protection measures have been incorporated into the proposal. Approval of said measures shall be obtained from the county fire marshal prior to approval of the administrative conditional use permit;

(ii) Adequate provisions have been incorporated into the proposal which will ensure that the type of woodwaste brought to the site consists only of materials authorized by this title and does not contain wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, copper-chrome-arsenate, paints or stains; the operator shall be responsible for ensuring that such material does not enter the site; and

(iii) The woodwaste material is being stored in conformance with Snohomish Health District regulations.

(2) An administrative conditional use permit shall be subject to the following minimum performance standards:

(a) All woodwaste shall be stored at or above ground level. Natural or artificially created depressions in the earth shall not be used;

(b) The applicant shall demonstrate that an adequate water supply is available at the site to sustain necessary fire flow pressure for purposes of fire protection as determined by the applicable fire district in consultation with the county fire marshal;

(c) The proposed operation shall be carried out in conformance with all applicable provisions of county code and state law and shall avoid the emission of smoke, dust, fumes, odors, heat, glare, vibration, noise, traffic, surface water drainage, sewage, water pollution, or other emissions which are unduly or unreasonably offensive or injurious to properties, residents or improvements in the vicinity;

(d) Screening pursuant to SCC 30.25.024 is required around the perimeter of all storage, recycling, processing, parking and other outside activity areas;

(e) Woodwaste and recycled material placed in a pile shall be stored in piles no more than 30 feet high and not more than one-half acre in size. Piles shall be separated by a fire lane with a minimum width of 40 feet;

(f) The combined total storage area for woodwaste and recycled materials shall not exceed two acres;

(g) Except in the LI and HI zones, a proposed woodwaste storage or woodwaste recycling facility shall be limited to wholesale distribution only, with retail sales of any woodwaste recycled product being prohibited; and

(h) Outside storage, recycling and processing activity areas, parking areas and other outside activity areas shall be set back at least 20 feet from adjacent properties; provided that where such activities are adjacent to properties containing an existing residential use, properties where the existing zoning is categorized as residential, multiple family or rural, the minimum setback shall be 100 feet.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 14-053, Aug. 27, 2014, Eff date Sept. 13, 2014; Amended by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.28.092 Odor prevention requirements

SCC 30.28.092 expired on October 18, 2006 pursuant to the provisions of Section 4 of Emergency Ordinance No. 06-024.

30.28.093 Odor prevention requirements.

(1) Purpose.

(a) The purpose of this section is to prevent certain detectable odors by establishing performance standards for hydrogen sulfide and ammonia emissions in order to prevent nuisance odor emissions, promote the health, safety, and welfare of the community and to maintain compatibility of surrounding land uses. This section is not to be construed to conflict with any applicable federal or state air emission standard or regulation.

(b) This section is not intended to prevent a single odor emission released as a direct result of necessary facility maintenance.

(2) Exemptions. This section does not apply to:

(a) agricultural activities as defined in SCC 30.91A.090, occurring on lands where agriculture is a legal use;

(b) solid waste facilities including landfills, transfer stations, drop boxes and refuse, leachate and landfill gas systems;

(c) side sewer systems;

(d) wastewater collection and conveyance system pipes under 24 inches in size;

(e) permitted yard waste processing facilities.

(f) wastewater treatment facilities with treatment plant capacity of less than 25 million gallons per day (MGD); and

(g) wastewater conveyance, collection and treatment systems, including treatment plants, or upgrades to such systems, in existence prior to December 31, 2004.

(3) Applicability. This section applies to:

(a) Permit applications for any new facilities which generate hydrogen sulfide or ammonia emissions or odors; and

(b) Permit applications for modification or expansion of facilities that generate hydrogen sulfide or ammonia odor emissions.

(4) Performance standard.

(a) There is hereby established a no detectable odor emission standard which is defined to mean odor emissions released from a facility or use of less than 0.8 part per billion (ppb) by volume of hydrogen sulfide and less than 2800 ppb by volume of ammonia emissions at or beyond the property boundary of a facility or use. This standard is based on a single highest three-minute concentration by volume averaged for a one-year period with worst-case meteorological conditions and summer emission loading levels. This standard excludes ambient air levels and is measured by current field instrument technology.

(b) All facilities and uses subject to SCC 30.28.093 shall comply with the no detectable odor emission standard.

(c) All facilities and uses subject to the provisions of this section shall comply with the following additional requirements and design standards for odor prevention systems, where needed to meet the odor emission standard:

(i) The odor prevention system shall be designed to remove hydrogen sulfide and ammonia compounds at peak load on a 24-hour, 365 days per year basis; and

(ii) The odor prevention system shall be sized and designed for the site to handle "worst-case" operating conditions when combinations of meteorological conditions, such as inversions and stagnant air, coincide with peak odor releases from treatment processes.

(d) Package lift/pump stations and collection system components are deemed to meet the design standards set forth in SCC 30.28.093(4)(a) and (c).

(5) New, modified or expanded facilities and uses. Applicable facilities shall be designed, constructed, operated and maintained to meet the no detectable odor emission standard set forth in SCC 30.28.093(4).

(6) Compliance Agreements. A development agreement approved under chapter 30.75 SCC or interlocal agreement approved under SCC 3.04.210 may add requirements and design standards or modify the standards in this section in order to meet the purpose of this chapter.

(7) Submittal Requirements.

(a) In addition to any other requirement of this title, all facilities and uses subject to this section shall submit information on a form, provided by the department, describing the facility or use and the processes or locations for potential emissions of hydrogen sulfide and ammonia. The department may require any of the following information:

(i) Engineering documentation showing the facility or use will meet the hydrogen sulfide and ammonia odor emission standard set forth in SCC 30.28.093(4) at or beyond the property boundary of the facility; or

(ii) Engineering documents for an odor control system appropriate for the site to prevent and control emissions of hydrogen sulfide or ammonia to meet the standard set forth in SCC 30.28.093(4) of no detectable odor at or beyond the property boundary of such facilities and uses; or

(iii) Letter from an applicable sewer district approving and accepting a lift/pump station.

(b) Odor monitoring. Before beginning odor emissions from new or upgraded facilities or uses, the applicant shall submit an odor monitoring and response plan to ensure the operation and maintenance of the facility or use complies with the odor prevention requirements of this section. The plan shall include the standard sampling techniques, location and frequency of monitoring, and a proposed timeframe for response to nuisance odor complaints.

(8) Odor complaint response.

(a) When a complaint is received, the facility operator shall respond to the complainant, determine the potential location and source of odor emissions, and document in writing the steps taken in response to the odor complaint.

(b) If the performance standard set forth in SCC 30.28.093(4) is being met, no further action is required.

(c) If an odor emission violates the standard set forth in SCC 30.28.093(4), the facility operator shall select and implement the means to reduce the off-site odor impacts to the standard including, but not limited to, modifying the process, controlling emissions, improving dispersion, repairing or retrofitting equipment, or any combination subject to technical and financial feasibility.

(d) Facility operators shall keep complaint and response records available for County review consistent with state records retention requirements.

(9) Transportation of treatment waste and chemicals. In addition to any other requirements, sludge, biosolids, solid waste, and chemicals transported from facilities or uses subject to this section by vehicles such as trucks or trains shall be covered and secured to limit nuisance odors emanating from the vehicles.

(Added Amended Ord. 06-074 November 8, 2006, Eff date November 26, 2006)

30.28.095 Woodwaste recycling and storage facilities, conditional use permits.

A conditional use permit is required for woodwaste recycling and storage facilities located within the zones indicated in SCC 30.22.100 and 30.22.110. The following minimum requirements apply to such facilities:

(1) Siting criteria. Woodwaste recycling and woodwaste storage shall be located in compliance with the following:

(a) The minimum site size shall be 10 acres; and

(b) Outside storage, recycling and processing activity areas, parking areas and other outside activity areas shall be located at least 100 feet from adjacent properties used, zoned, or designated for residential purposes;

(2) Submittal requirements to accompany a conditional use application. An application for a conditional use permit to allow a woodwaste recycling or woodwaste storage facility shall include the following submittals:

(a) A site development plan showing all woodwaste storage areas (active and reserve areas), recycled material storage areas, proposed structures, equipment, parking areas, access drives/fire lanes, delineation of existing vegetation, extent of clearing, buffer widths, on-site sewage disposal areas (if proposed), and existing site structures/facilities that are to remain or be removed;

(b) A water quality control and monitoring plan. The applicant shall prepare a water quality control plan which demonstrates adequate protections for surface and groundwater quality consistent with the applicable requirements of the Snohomish Health District;

(c) An operational plan which contains the following elements:

(i) A fire prevention and protection plan which contains adequate provisions for the prevention of on-site fires and includes specific measures to prevent the spread of fires and protect adjacent properties. Approval of said operational plan shall be obtained from the county fire marshal prior to conditional use approval;

(ii) A materials inspection plan which will ensure control over the type of woodwaste entering the site. This plan shall include provisions for the visual inspection of all materials brought to the site during placement in the designated storage area and procedures for the immediate removal of waste material other than woodwaste and demolition or construction debris as defined by this title. The operator shall be responsible for ensuring that such material does not enter the site;

(iii) For woodwaste recycling, a requirement for use of specific equipment (crushers, chippers, etc.) capable of woodwaste processing at a rate in conformance with Snohomish Health District regulations; and

(iv) A landscaping and screening plan which demonstrates maximum retention of natural vegetation around the perimeter of the site and augmentation with planted landscaping materials as necessary to assure site screening capability; and

(d) The applicant shall be required to post a performance security for site reclamation and other security devices as determined by the hearing examiner, including, but not limited to security devices for facility maintenance, water quality control and monitoring equipment, and recovery of fire extinguishment costs;

(3) Minimum Performance Standards. A conditional use permit shall be subject to the following minimum performance standards:

(a) All woodwaste shall be stored at or above ground level. Natural or artificially created depressions in the earth shall not be used;

(b) The applicant shall demonstrate that an adequate water supply is available at the site to sustain necessary fire flow pressure for purposes of fire protection as determined by the applicable local fire district in consultation with the county fire marshal;

(c) The proposed operation shall be carried out so as to avoid the emission of smoke, dust, fumes, odors, heat, glare, vibration, noise, traffic, surface water drainage, sewage, water pollution, or other emissions which are unduly or unreasonably offensive or injurious to properties, residents, or improvements in the vicinity;

(d) The applicant shall provide an on-site leachate collection/treatment system designed, constructed, and operated in a manner that disposes of the leachate when one or more of the following circumstances exist:

(i) The hydrogeologic report prepared in accordance with subsection (2)(b) of this section recommends a leachate collection/treatment system due to site characteristics of topography, underlying geology and hydrology; or

(ii) A treatment/collection system is recommended by Snohomish Health District regulations, if applicable.

(e) Thirty-foot wide, Type A landscaping is required around the perimeter of the proposed site. All outside activity areas and buildings used in recycling or processing shall be screened from view from the surrounding roadways. Where feasible, natural vegetation shall be used for screening purposes. If the natural buffer is inadequate to provide sight screening, additional landscaping will be required;

(f) Woodwaste and recycled materials shall be placed in piles, and piles must be stored and recycled in compliance with Snohomish Health District regulations, if applicable;

(g) Woodwaste and recycled material in a pile shall be stored in piles no more than 40 feet high and not more than one-half acre in size. Piles shall be separated by a fire lane with a minimum width of 40 feet; and

(h) For purposes of fire prevention, no more than 40 percent of the designated storage area shall be devoted to active storage at any one time. At least 60 percent of the designated storage area shall be cleared and identified as a reserve storage area at all times.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.28.100 Motocross racetracks-authorization, location and size requirements, and pre-application meeting.

(1) Motocross racetracks authorized. Subject to the requirements of this section and SCC 30.28.105, motocross racetracks are allowed as a conditional use pursuant to SCC 30.22.100, SCC 30.22.110 and chapter 30.42C SCC in the General Commercial (GC), Business Park (BP), Industrial Park (IP), Light Industrial (LI), Heavy Industrial (HI), Rural 5-acre (R-5) zones, and in the Forestry and Recreation (F&R) zone on lands designated Commercial Forest land by the Future Land Use Map (FLUM) of the comprehensive plan; provided, however, that motocross racetracks are prohibited in the following areas:

(a) Natural area preserves identified by DNR;

(b) Natural resource conservation areas; and

(c) Old growth research areas identified in forest management plans.

(2) Maximum size and location restrictions. Proposed motocross racetracks must meet the following minimum requirements in order to be eligible for a conditional use permit:

(a) Motocross racetracks shall not be allowed a development activity area of more than 75 acres, exclusive of private access drives to and from private and public roadways. Perimeter vegetated areas required pursuant to SCC 30.28.105(2)(d) shall not be included in the 75 acre size limitation.

(b) Motocross racetrack sites located on Commercial Forest land shall be:

(i) located no closer than 15 miles from the boundary of another motocross racetrack located on designated forest lands, except where an existing motocross racetrack is expanded; and

(ii) located no farther than 4 miles from an Urban Growth Area.

(3) Pre-application meeting. A pre-application meeting shall be required for all motocross racetrack conditional use permit applications. The pre-application meeting shall be conducted pursuant to the provisions of SCC 30.70.020(2) through (5).

(Added Amended Ord. 06-137, December 13, 2006, Eff date Jan. 1, 2007)

30.28.105 Motocross racetracks--submittal requirements, development standards and operation plan.

(1) Submittal requirements. Conditional use permit applications for a proposed motocross racetrack are subject to the submittal requirements of SCC 30.70.030 and shall include the following additional information:

(a) A proposed motocross racetrack site plan pursuant to subsection (3) of this section, which shall be clear, precise, and drawn to scale.

(b) A proposed motocross racetrack operations plan pursuant to subsection (4) of this section.

(c) The following maps, which may be submitted separately or included with the proposed motocross racetrack site plan required by subsection (3) of this section:

(i) a vicinity map;

(ii) a DNR forest grade map of the property when located on commercial forest land, if available; and

(iii) a map depicting surrounding land uses at a scale no smaller than 50 feet to one inch. Distances from existing residential dwelling units, bed and breakfast inns or guesthouses, schools, resorts, and level I and level II health and social service facilities shall be noted on the site plan. Owners of such properties located within 2,000 feet of the motocross racetrack boundaries shall be identified by name and address on a map.

(d) A signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the motocross racetrack. If the motocross racetrack operator designated pursuant to subsection (4)(a) of this section is a person or an entity other than the applicant for the motocross racetrack permit, then that person or entity shall also submit a signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the motocross racetrack.

(e) A traffic study providing information on the number of new vehicle trips generated by the racetrack use (both competitive events and daily use), and the distribution and impact of these new vehicle trips on the road system consistent with the requirements of chapter 30.66B SCC.

(2) Development standards. Conditional use permits for motocross racetracks shall require compliance with the site plan and operations plan approved by the hearing examiner pursuant to subsections (3) and (4) of this section, respectively, and shall include conditions that ensure compliance with the following requirements:

(a) Motocross racetracks shall be located so as to minimize impacts to adjacent and nearby properties and other land uses. The development activity areas on motocross racetrack site shall be located no less than 500 feet from the property boundary of any existing residential dwelling unit, bed and breakfast inn or guesthouse, school, resort, or level I or level II health and social service facility, unless the conditional use permit application includes a written affidavit from the current owner of the residence or facility approving of the proposed motocross racetrack.

(b) Motocross racetracks located on commercial forest land shall be planned and designed so as to minimize the disturbance and conversion of commercial forest land. To the greatest extent possible, development activity shall be located on the lowest feasible timber land grade available on the subject property as graded by DNR or other grading system approved by the department.

(c) Motocross racetracks shall provide a minimum 100 feet wide vegetated area surrounding the development activity area of the site. Private access drives to and from private and public roadways may extend through the vegetated area. The vegetated area shall be effective in providing a visual screen from adjacent properties comparable to the Type A perimeter landscaping requirement of SCC 30.25.020(2), except as provided in subsection (2)(d) of this section.

(d) Motocross racetracks located on commercial forest land shall provide a perimeter buffer area with an average width of no less than 1,000 feet; provided, that no buffer shall be less than 500 feet in width. The buffer area need not provide a visual screen, but shall be retained and managed as commercial forest land.

(e) Motocross racetracks shall not exceed the maximum sound levels at the site’s property boundaries as specified in chapter 10.01 SCC. The applicant for a motocross racetrack shall submit a noise study prepared by a qualified professional that identifies projected noise levels at the site’s property boundaries. The projected noise levels in the study shall be based upon the worst-case noise generation scenario for the racetrack use. When projected noise levels exceed maximum levels permitted by county code, noise mitigation measures shall be included in the proposal to reduce noise levels to acceptable levels. Noise mitigation berms may be used to reduce noise levels. Noise mitigation berms may be placed in the perimeter vegetated area required by subsection (2)(c) of this section. The county may request third party verification of the noise study results at the expense of the applicant.

(f) Parking shall only be allowed in approved parking areas or in campgrounds, and shall not be permitted in the rights-of-way of county access roads. The number of parking spaces to be required for all types of vehicles shall be determined pursuant to SCC 30.26.035.

(g) Signage shall be allowed pursuant to SCC 30.27.060(5).

(h) Campgrounds may be located within a motocross racetrack boundary. Campground design shall be considered in conjunction with a motocross racetrack conditional use permit review subject to all applicable regulations including but not limited to SCC 30.22.130(32) and chapter 7.24 SCC.

(i) Conditional use permit contact information, indemnification documentation, and required affidavits shall be kept current. Within two weeks of any transfer of ownership or responsibility, the contact information, indemnification documentation, including the agency name, contact name, address, and telephone and fax numbers, shall be submitted to the department referencing the conditional use permit file number.

(3) Motocross racetrack site plan. Site plans submitted for a proposed motocross racetrack pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with motocross racetrack permit conditions imposed pursuant to subsection (2) of this section. A motocross racetrack site plan must include the following:

(a) One or more maps showing:

(i) the area and dimension of the proposed motocross racetrack components and perimeter vegetated areas.

(ii) all adjoining rights-of-way and access points.

(iii) the location of all existing and proposed uses, access drives and connections to public and private roads, and perimeter setbacks required by SCC 30.32A.120, as well as the dimensions of any existing or proposed structure, parking area, camping area, or special activity area.

(iv) critical areas located on the subject property pursuant to the requirements of chapters 30.62A, 30.62B and 30.62C SCC.

(v) the location of all signage, including boundary, interpretative, regulatory, safety and directional signage.

(vi) the location of all required on-site waste collection facilities.

(vii) the location and directional orientation of all lights.

(b) Narrative text addressing each of the following:

(i) the name of the applicant and contact person(s).

(ii) the location of the proposed motocross racetrack site and the physical characteristics of the site.

(iii) if the proposed motocross racetrack is to be developed in phases, a description of each project phase, and a timetable for completion.

(iv) the name of the proposed motocross racetrack.

(v) the name of the property/track owner and operator, with address and phone numbers.

(vi) a legal description of the proposed motocross racetrack site.

(vii) the name, address and telephone number of the firm that prepared the site plan.

(4) Motocross racetrack operations plan. Operations plans submitted for a proposed motocross racetrack pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with permit conditions imposed pursuant to subsection (2) of this section. A motocross racetrack operations plan must address the following:

(a) The name, address and phone number of the property owner, or an entity authorized by the property owner, that will be responsible for operation of the proposed motocross racetrack.

(b) The type and number of annual motocross competitive events that will occur at the motocross racetrack, including the anticipated number of riders and spectators at a typical competitive event.

(c) A description of the daily use of the motocross racetrack when competitive events are not scheduled.

(d) Best management practices for proposed motocross racetrack, including construction and maintenance, as well as forest practices stewardship for perimeter buffer areas when located on designated forest lands.

(e) Environmental monitoring to evaluate environmental impacts of the proposed motocross racetrack, including noise levels at property boundaries, as well as a description of expected impacts on critical areas, visual resources, cultural sites, wildlife and surrounding land uses.

(f) Development and management of the proposed motocross racetrack, including required or proposed insurance policies.

(g) Safety training and education for the proposed motocross racetrack users, to be coordinated with dedicated clubs, associations and user groups.

(h) Security measures to be implemented for the proposed motocross racetrack during competitive events including fencing (if any), boundary protection, accident reporting procedures, spectator management, and trespassing management plans.

(i) Motocross competitive event programming and management at the proposed motocross racetrack, including traffic/access control, sanitary facilities, fire protection devices and equipment, and crowd/spectator control, which must comply with the requirements of SCC 30.53A.800 through 30.53A.840 for special events. A separate special events permit is not required for each competitive event when the conditional use permit includes conditions that will satisfy SCC 30.53A.800 through 30.53A.840 requirements, and the applicant can demonstrate that monitoring for compliance of all conditions will be accomplished for each event. Compliance with the provisions of chapter 30.53A SCC, Fire Code, related to fire safety including, but not limited to, emergency vehicle access and water availability shall be required.

(j) Rules and regulations for the proposed motocross racetrack, which must be posted at the entrance to the racetrack. At a minimum, the rules and regulations for a motocross racetrack must address the following:

(i) hours of operation for the proposed motocross racetrack and a prohibition on racetrack use outside of those hours. Hours of operation may be limited by the hearing examiner to ensure compatibility of the facility with adjacent properties.

(ii) schedules for facility maintenance, as well as waste collection.

(iii) a prohibition on motorcycle use in or upon any waters of any stream, bog, river, creek, wetland, or marsh unless specifically permitted by the motocross racetrack permit.

(iv) a requirement that all lighting be directed away from adjoining properties.

(5) Alterations to approved motocross racetrack site plan or operations plan. Proposed alterations to a site plan or operations plan approved for a motocross racetrack pursuant to this section shall be considered a minor permit revision, provided that the revision would minimize environmental damage or improve safety. All other revisions shall be considered major revisions and shall require approval pursuant to the requirements of this section.

(Added Amended Ord. 06-137, December 13, 2006, Eff date Jan. 1, 2007; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013; Amended by Amended Ord. 16-029, May 11, 2016, Eff date May 23, 2016; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017)

30.28.110 Material Recovery Facility.

(1) Material recovery facilities shall comply with state requirements in Chapter 173-350 WAC and all other applicable federal, state and county requirements.

(2) Material recovery facilities shall be subject to conditions designed to limit impacts on neighboring properties. These conditions may address any or all of the following topics:

(a) Hours of operation;

(b) Noise;

(c) Landscaping and screening;

(d) Dust control;

(e) Height;

(f) Setbacks from abutting properties;

(g) Lighting;

(h) Odor;

(i) Outdoor storage and processing areas;

(j) Vibration; or

(k) Any other probable adverse impact from the operation on nearby properties.

(3) Material recovery facilities on properties abutting a rural or residential zone or separated from a rural or residential zone by a public or private road or road right-of-way that collect, compact, repackage, sort, or process for transport source waste that results from construction, remodeling, repair or demolition of buildings, roads, or other structures, or from land-clearing for development, and that is removed from the site of construction, demolition or land clearing and shall be subject to conditions designed to limit impacts on neighboring properties. These conditions shall include:

(a) Facilities shall not operate between the hours of 9:00 p.m. and 7:00 a.m., provided that cleaning, maintenance, and other ancillary activities may be allowed with a maximum permissible sound level of 47 decibels at the facility’s property boundary;

(b) Facilities shall provide a 50-foot wide landscaped area along the external boundary of the property where it either abuts a rural or residential zone, or where it is separated from a rural or residential zone by a public or private road or road right-of-way. The landscape area shall be an undeveloped area that contains a visual screen that shall include dense plantings equal to or exceeding Type A landscaping, and decorative walls, landscaped berming, and/or other buffering techniques.

(4) County-owned drop boxes shall not be subject to these requirements.

(Added by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.28.112 Recycling Facility.

(1) Recycling facilities shall comply with state requirements in Chapter 173-350 WAC and all other applicable federal, state and county requirements.

(2) Recycling facilities shall be subject to conditions designed to limit impacts on neighboring properties. These conditions may address any or all of the following topics:

(a) Hours of operation;

(b) Noise;

(c) Landscaping and screening;

(d) Dust control;

(e) Height;

(f) Setbacks from abutting properties;

(g) Lighting;

(h) Odor;

(i) Outdoor storage and processing areas;

(j) Vibration; or

(k) Any other probable adverse impact from the operation on nearby properties.

(3) County-owned drop boxes shall not be subject to these requirements.

(Added by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.28.120 Marijuana Retail Requirements.

(1) A marijuana retail use shall not be located within 1,000 feet of the perimeter of the grounds of any primary or secondary school or any property owned by a school district and identified in a six-year capital facility plan for construction of a primary or secondary school.

(2) A marijuana retail use shall not be located within 2,500 feet of another marijuana retail use. Compliance with this separation requirement shall be determined by measuring the distance horizontally following the shortest straight line from the property line where a state-licensed marijuana retailer is located to the property line of any property, regardless of jurisdiction, where another state-licensed marijuana retailer is located.

(a) Legal nonconforming marijuana retail uses in existence on or before June 21, 2016, are exempt from this separation requirement.

(b) An application for a marijuana retail use submitted to the county after March 13, 2017, is exempt from this separation requirement when the following conditions have been met:

(i) The county received a Notice of Marijuana License Application for that location, site, or tax parcel from the Washington State Liquor and Cannabis Board on or before June 21, 2016, and the county did not issue a written objection to the Notice of Marijuana License Application; and

(ii) No marijuana retail use existed on the site proposed in the application for a marijuana retail use to the county at any time between June 22, 2016, and March 13, 2017.

(c) An application for a marijuana retail use submitted to the county after March 13, 2017, is exempt from this separation requirement when the following conditions have been met:

(i) The applicant owned real property that included the site proposed in the application or signed a lease for the site proposed in the application on or before June 21, 2016; and

(ii) The applicant previously operated a medical marijuana collective within the county; and

(iii) No marijuana retail use existed on the site proposed in the application for a marijuana retail use to the county at any time between June 22, 2016, and March 13, 2017.

(3) No more than 32 state-licensed marijuana retail facilities shall be allowed in unincorporated Snohomish County.

(Added by Amended Ord. 17-006, Feb. 15, 2017, Eff date March 13, 2017)