Chapter 17.13


17.13.010    Purpose and intent.

17.13.020    Permitted uses.

17.13.030    Conditional uses.

17.13.040    Prohibited uses.

17.13.050    Development standards.

17.13.055    Reclamation plan required outside the aquifer sensitive area.

17.13.060    Density.

17.13.070    Minimum lot area and frontage.

17.13.080    Minimum yards.

17.13.090    Building coverage and height.

17.13.100    Parking standards.

17.13.110    Sign standards.

17.13.120    Fence and wall standards.

17.13.130    Landscaping standards.

17.13.140    Storage standards.

17.13.150    Fire hazards.

17.13.160    Industrial waste.

17.13.010 Purpose and intent.

The purpose and intent of the heavy industrial (I-2) zone is to implement the industrial category of the Comprehensive Plan. Most heavy industrial land uses are intense by nature and present compatibility issues; therefore, the heavy industrial area should be primarily located south of Highway 2. In the I-2 zone, no building or premises shall be used nor shall any building or structure be hereafter erected or altered unless otherwise provided in this chapter. (Ord. C-675 § 174, 2008)

17.13.020 Permitted uses.

Land uses permitted in the I-2 zone are listed in the zoning matrix. Permitted uses include any trade, industry, processing activity, commercial activity, or other use with frontage on a public street and in accordance with the standards and requirements established in this title, other applicable legislation, and official regulations promulgated by a public agency having jurisdiction except as specifically prohibited in AHMC 17.13.040. The City Planner and Code Enforcement Officer are to determine if compatibility exists between uses. (Ord. C-675 § 175, 2008)

17.13.030 Conditional uses.

In accordance with AHMC 17.03.110 through 17.03.140, the Hearing Examiner may grant approval for the following uses in the I-2 zone, when satisfied that the use will be in harmony with the Comprehensive Plan and the intent of the I-2 zone, and when the conditional use will not have a material adverse effect on neighboring properties. In granting such approval, the Hearing Examiner may require special site mitigations, such as sight-obscuring fences, suitable landscaping, yard requirements, signs, etc., and may also require time limits for the proposed use. Any reasonable restrictions for the suppression of noise, smoke, expansion of an existing conditional use, or odors may also be required:

A. Auto wrecking and salvage yard;

B. Junkyard;

C. Temporary workspace, including manufactured (mobile) homes, for custodial and security personnel; if occupancy is limited to no more than 12 hours in a 24-hour period for any employees. This workspace shall not be used for a residence;

D. Full service restaurants, taverns, dance halls, bingo parlors, and other assemblies without fixed seating;

E. Custodial quarters;

F. Mining/quarrying;

G. Concrete/asphalt batching. (Ord. C-725 § 3, 2010; Ord. C-675 § 176, 2008)

17.13.040 Prohibited uses.

In the I-2 zone, prohibited uses include, but are not limited to, the following:

A. Single-family, manufactured (mobile) homes, and other multiple-family dwellings;

B. Cemeteries;

C. Institutions or homes for the treatment or convalescence of persons, children, aged persons, alcoholics, the wounded, or the mentally infirm;

D. Hotels;

E. Motels and auto courts;

F. Public and parochial schools, except trade schools;

G. Manufactured (mobile) home parks;

H. Recreational vehicles as defined in Chapter 17.04 AHMC;

I. Kennels;

J. Sanitary landfills, garbage and refuse dumps;

K. Slaughterhouses; rendering plants; fat rendering; livestock feed yard; livestock sales yard; commercial riding academy; stockyards; soap manufacturing; glue manufacturing; tannery; paper manufacturing; wood scouring and cleaning; cotton textile sizing, scouring, bleaching, dyeing and similar uses; varnish manufacturing; creosote and creosote products manufacturing; and fertilizer manufacturing;

L. Disposal of offal or dead animals;

M. The production of corrosive and noxious chemicals including, but not limited to, acids, acetylene gas, ammonia, chlorine, and bleaching compounds;

N. The production and processing of coal and coal tar, the processing of petroleum and petroleum products, and petroleum refining;

O. The manufacture and storage of explosive products, including, but not limited to, dynamite and commercial explosives, TNT, military explosives, and fireworks;

P. Churches and auditoriums. (Ord. C-725 § 4, 2010; Ord. C-675 § 177, 2008)

17.13.050 Development standards.

A. Before the issuance of a building permit, evidence of compliance with AHMC 17.13.060 through 17.13.140 shall be provided to the Planning Department.

B. Development standards for mining/batching activities outside the aquifer sensitive area. Additional restrictions or mitigations may be required by the Hearing Examiner, depending on the specific application, including but not limited to:

1. A geotechnical/hydrological report of the site and surrounding area is required before mining, in order to properly assess water availability and mitigate water quality impacts;

2. The owner/operator shall comply with all existing water quality monitoring regulations of the State Department of Ecology and the Spokane County Regional Health District;

3. Before commencement of mining activity, evidence of compliance with the following standards must be provided to the Planning Department. Each proposed mining operation must adequately address all requirements to the satisfaction of the Planning Director:

a. The minimum site area of land within a mining zone shall be five acres. There is no minimum frontage requirement, but access approval and permits must be obtained from appropriate agencies;

b. Mining and quarrying shall be permitted up to within 50 feet of any property line; provided, all provisions set forth are complied with; and provided further, that such mining or quarrying does not impair lateral or subjacent support or cause earth movements or erosion to extend into this 50-foot setback or beyond. Whenever a mining or quarry operation is located adjacent to another mining or quarry operation, the mining or quarry operation may be permitted up to the property line to meet or improve the reclamation objectives;

c. No mining/batching activities shall occur within 300 feet of any residentially zoned properties;

d. Structures or buildings in a mining zone shall not be located closer than 100 feet from a primary residential zone;

e. Whenever mining zone property, developed for the mining or quarrying of minerals or materials, has a common property line with a primary residential zone established before establishing the mining use, there shall be installed and maintained a sight-obscuring screen. Acceptable methods of screening shall include, but not be limited to, fencing, berm, and landscaping. Planting screens shall be a minimum of 10 feet in width, be maintained and planted in good soil, irrigated as necessary, and maintained in good condition until operations on site cease and rehabilitation of the site is completed. Installation of plantings shall result in healthy plants capable of achieving the screening intent of this section. All material shall conform to the guidelines established by the current American Standard for Nursery Stock, published by the American Association of Nurserymen. Such sight-obscuring fence, berm, and landscaping required shall be installed as a yard improvement at or before the time mining or quarrying operations commence or within 60 days. The fence, berm, and landscaping shall be installed and maintained at the expense of the owner or lessee of the mining zoned property;

f. Fencing shall be provided for the City of Airway Heights and maintained by the owner/operator in good condition at all times in the following locations:

i. Exterior or boundary of any portion of the site on which operations exist;

ii. Exterior or boundary of any portion of the site which has been mined and not yet rehabilitated;

iii. Where serious safety issues arise, fence requirements may be more stringent;

g. A protective eight-foot-high berm or other provisions may be required adjacent to property lines where the edge of the pit is within 100 feet of a street or railroad right-of-way;

h. Sound pressure levels, as measured on properties adjacent to property in a mining zone, shall conform, at a minimum, to the provisions of WAC 173-60-040, Maximum Permissible Environmental Noise Levels, for noise originating in a Class C EDNA (industrial zone);

4. Provisions of the Spokane County Clean Air Authority shall be adhered to in the development of mining properties;

5. A mining and reclamation plan must be submitted and approved by the Washington State Department of Natural Resources under the provisions of Chapter 78.44 RCW, Surface Mining, with City approval of the subsequent use. In addition to the information requested in the mining and reclamation plan, anticipated days, hours and duration of operation must be addressed;

6. All necessary and required access permits, including a haul route agreement with the City of Airway Heights, shall be obtained before commencement of the mining use;

7. All permits/applications filed with the Department of Natural Resources, SCRCAA, Spokane County Health District, the Department of Ecology, the City of Airway Heights, and any other related organization or agency;

8. Approved bonds or other performance securities as required by the Department of Natural Resources;

9. A minimum of 10 feet above the highest known aquifer elevation shall be maintained in the mining pit area. Stringent regulations of all agencies of jurisdiction shall apply;

10. A drainage channel shall be constructed around the active gravel pit area to keep surface run-off from outside the pit excavation from entering the pit area;

11. Fuel storage areas and service facilities shall incorporate provisions to prevent lubricants and petroleum products from contaminating either the pit area or drainage channels by such means as a secondary storage container capable of containing potential pollutants;

12. No liquid-asphalt, cement, or other waste materials shall be disposed of on the mining site or adjacent property;

13. The use of fertilizers, pesticides and herbicides shall not be allowed within 50 feet of an active pit when the geotechnical/hydrological report shows evidence of potential contamination;

14. All plats, short plats, development permits, and building permits issued for development activities on, or within 500 feet of, lands designated mineral resource lands, contain a notice that the subject property is within or near designated mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. C-725 § 5, 2010; Ord. C-675 § 178, 2008)

17.13.055 Reclamation plan required outside the aquifer sensitive area.

A. Reclamation plans shall include:

1. A specification of the amount of material to be left between the aquifer high water mark and the final grade of the reclaimed site;

2. Provisions will be provided for limiting access to and activities within the rehabilitated site until the use of the land is changed.

B. In order to ensure further use of land classified as mining subsequent to the removal of native materials, the following provisions covering land rehabilitation or reclamation shall be conformed to:

1. In rehabilitated gravel pits above an aquifer, uses may be very limited or specifically conditioned when new uses are requested for the property;

2. Upon the exhaustion of minerals or materials in the mining zone, or upon the permanent abandonment of the quarrying, mining, or processing operation, all buildings, structures, apparatus, or appurtenances accessory to the quarrying or mining operation shall be removed or otherwise dismantled to the satisfaction of the City of Airway Heights (if so required by the City). (Ord. C-725 § 6, 2010)

17.13.060 Density.

No density requirements apply in the I-2 zone, except for those areas within the Fairchild Air Force Base accident potential zones defined in Chapter 17.16 AHMC. Proposed land uses within accident potential zones must comply with the population density guidelines outlined in the air installation compatible use zone (AICUZ) study prepared by Fairchild Air Force Base. (Ord. C-675 § 179, 2008)

17.13.070 Minimum lot area and frontage.

A minimum lot size of 15,000 square feet shall apply in the I-2 zone. A minimum street frontage of 100 feet is required. (Ord. C-675 § 180, 2008)

17.13.080 Minimum yards.

A. Minimum setback requirements from lot lines are as follows:

1. Front yard – 35 feet from the property line or 65 feet from the centerline;

2. Rear yard – 15 feet;

3. Side yard – five feet per story except for attached buildings;

4. Corner yard – 20 feet from the property line or 50 feet from the centerline.

B. Industrial uses that abut any residential zone shall have a minimum setback of 65 feet and shall meet minimum landscaping requirements provided in Chapter 17.22 AHMC.

C. The Technical Review Committee may alter these setback guidelines if a design is proposed that differs from these standards, but still provides the same level of safety and aesthetics as intended by these setbacks. (Ord. C-675 § 181, 2008)

17.13.090 Building coverage and height.

A. The maximum building coverage shall be 60 percent of the lot area.

B. No building hereafter erected or structurally altered in a restricted industrial zone shall exceed three stories or a maximum height of 50 feet above the mean ground level. (Ord. C-675 § 182, 2008)

17.13.100 Parking standards.

Off-street parking spaces shall be provided in accordance with the requirements of Chapter 17.20 AHMC. (Ord. C-675 § 183, 2008)

17.13.110 Sign standards.

Signage standards for uses in the I-2 zone shall be provided in accordance with the requirements of Chapter 17.23 AHMC. (Ord. C-675 § 184, 2008)

17.13.120 Fence and wall standards.

Fence and wall standards for uses in the I-2 zone shall be provided in accordance with the requirements of Chapter 17.20 AHMC. (Ord. C-675 § 185, 2008)

17.13.130 Landscaping standards.

Landscaping standards for uses in the I-2 zone shall be provided in accordance with the requirements of Chapter 17.22 AHMC. (Ord. C-675 § 186, 2008)

17.13.140 Storage standards.

Storage standards for uses in the I-2 zone shall be provided in accordance with the requirements of Chapter 17.25 AHMC. (Ord. C-675 § 187, 2008)

17.13.150 Fire hazards.

All industrial activities shall be carried on in such a manner and with such precautions against fire and explosion hazards as are acceptable to the State Fire Marshal. (Ord. C-675 § 188, 2008)

17.13.160 Industrial waste.

All methods of sewage and industrial waste treatment and disposal shall be approved by the Spokane County Regional Health District, and shall be acceptable to the Spokane County Air Pollution Control Authority. (Ord. C-675 § 189, 2008)