Chapter 18.39


18.39.010    Intent.

18.39.020    Definitions referral.

18.39.030    Scope and applicability.

18.39.040    Restricted uses – Discharges and disposal.

18.39.050    Improved technology – Best management practices.

18.39.010 Intent.

The intent of the aquifer protection (AQP) overlay zone district is to identify, classify, and protect vulnerable and/or critical aquifer recharge areas within the city and urban growth area. Protection is to be accomplished by controlling the use and handling of hazardous substances and uses of land that pose a threat to groundwater. This district imposes additional restrictions on development in order to protect public health and safety by preserving the existing and future groundwater supply for the city and urban growth area.

(Ord. O2019-001, Amended, 05/21/2019; Ord. O2016-024, Amended, 03/21/2017; Ord. O95-035, Amended, 12/19/1995; Ord. 1279, Added, 08/20/1991)

18.39.020 Definitions referral.

The use of terms within this district shall refer to definitions contained in TMC 16.24.030, in addition to the definitions found in this chapter. In case of conflict, TMC 16.24.030 definitions will prevail.

(Ord. O95-035, Amended, 12/19/1995; Ord. 1279, Added, 08/20/1991)

18.39.030 Scope and applicability.

All property within the district shall be subject to the following restrictions, as well as the use, setback and other controls of the zoning district in which it is located, and owners of property shall comply with the mandates of this chapter in addition to the zoning requirements of the district in which such property is presently or may later be located, and the provisions of TMC Chapter 16.26, Wellhead Protection. In the event of conflict with the regulations of the underlying zoning district and the mandates of this district, the provisions of this district shall control.

(Ord. O97-028, Amended, 04/21/1998; Ord. O95-035, Amended, 12/19/1995; Ord. 1279, Added, 08/20/1991)

18.39.040 Restricted uses – Discharges and disposal.

The following uses of land shall be restricted from locating within the boundaries of this district, unless such a use complies with the provision herein on new technologies and best management practices:

A.    Chemical or hazardous material manufacture, processing, reprocessing, transfer, storage, and disposal;

B.    Creosote/asphalt manufacture or treatment;

C.    Electroplating activities;

D.    Manufacture of flammable or combustible liquids as defined in the current edition of the fire code;

E.    Petroleum products refinery, including reprocessing;

F.    Wood products preserving;

G.    On- and off-site hazardous waste treatment and storage facilities (as defined by Chapter 173-303 WAC); and

H.    Landfills (municipal sanitary solid waste, hazardous waste, and wood waste as defined by WAC 173-304-100).

(Ord. O2019-001, Amended, 05/21/2019; Ord. O95-035, Amended, 12/19/1995; Ord. 1279, Added, 08/20/1991)

18.39.050 Improved technology – Best management practices.

A restricted land use may be considered for location within the district only upon conclusive demonstration that application of new or improved technology or best management practice will result in no greater threat to the groundwater resources than that posed by a nonrestricted use. The community development director, in consultation with the water resources program manager, shall review this documentation to determine whether the proposal shall be approved, denied, or approved with conditions, to ensure adequate protection of groundwater.

(Ord. O2019-001, Amended, 05/21/2019; Ord. O95-035, Amended, 12/19/1995; Ord. 1279, Added, 08/20/1991)