Chapter 18.40


18.40.010    Intent.

18.40.020    Environmental performance standards.

18.40.030    Noise.

18.40.035    Exterior illumination.

18.40.040    Emissions.

18.40.050    Ground and soil contamination.

18.40.060    Storage.

18.40.065    Inadvertent discovery of archaeological and cultural resources.

18.40.070    Applicability.

18.40.010 Intent.

It is the intent of this chapter to:

A.    Protect public health and general welfare;

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

C.    Minimize the adverse effects of contaminants which may result from the use of land by any activity or person.

(Ord. O95-035, Added, 12/19/1995)

18.40.020 Environmental performance standards.

It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the community development director may require to demonstrate that the use or activity is or will be in compliance with the performance standards of this chapter.

Failure of the community development director to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O95-035, Added, 12/19/1995)

18.40.030 Noise.

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

(Ord. O95-035, Added, 12/19/1995)

18.40.035 Exterior illumination.

These regulations apply to outdoor artificial light sources, including lights on the exterior of buildings or other structures, installed underneath canopies, pole-mounted, freestanding and ground lights, as well as nonresidential interior lights.

A.    For the purposes of regulating lighting in this section and elsewhere in this title, the following terms shall be defined as stated:

1.    “Business-zoned property” means any property zoned NC, CS, MU, GC, TC (TC mixed use, professional office and civic subdistricts), CD, HC, GB, OS, LI, HI, CBC, BD, and ARI.

2.    “Foot-candle” means a measure of illuminance (or light intensity) on a surface equal to one lumen per square foot.

3.    “Fully shielded fixture” means exterior lighting that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture as determined by a photometric test or certified by the manufacturer.

4.    “Glare” means an intensity of light that due to the brightness of the light source diminishes the observer’s ability to see, and in extreme cases may cause visual discomfort or momentary blindness.

5.    “Light trespass” means the light emanating from one property (measured at the property line) intruding onto an adjacent property or public right-of-way.

6.    “Lumen” means a unit of classification used to quantify the amount of light energy produced by a lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty-watt incandescent lamp produces approximately eight hundred fifty lumens while a fifty-five-watt low-pressure sodium lamp produces approximately eight thousand lumens.

7.    “Opaque” means not allowing light to pass through; not transparent or translucent.

8.    “Partially shielded” means the luminaire incorporates a translucent barrier, the “partial shield” around the lamp that allows some light to pass through the barrier while concealing the lamp from the viewer.

9.    “Residential-zoned property” means any property zoned RSR, SFL, SFM, MFM, MFH and TC (TC residential subdistrict).

10.    “Translucent” means allowing light to pass, but diffusing it such that the light source cannot be distinguished.

B.    Exterior Lighting Standards. Exterior artificial light sources shall conform to the following requirements:

1.    Light fixtures shall be used in a manner such that light is directed downward, and not outward or upward.

2.    Light fixtures shall be fully shielded.

a.    Fixtures on business-zoned properties that are mounted to the underside of structures such as canopies, awnings, etc. (such as those found at gas stations, drive-through facilities, service stations, and parking structures) shall be flush mounted to the canopy so that the lens does not protrude below the surface to which it is mounted. In instances where the canopy is not thick enough to accommodate a flush-mount fixture, a fully shielded fixture may be utilized and mounted to the surface.

3.    Exterior lighting shall not blink, flash, fluctuate, be intermittent, or change color or intensity.

4.    Illuminated signs and advertising devices shall also comply with provisions of TMC 18.44.080 and 18.44.170. Where conflict occurs, the more stringent standards shall apply.

5.    Parking lot lighting shall also comply with provisions in TMC 18.50.060. Where conflict occurs, the more stringent standards shall apply.

6.    Exterior lighting on business-zoned properties shall be turned off at the close of business or 10:00 p.m., whichever is later. However, lighting which is necessary for after business hours work by employees and lighting that is necessary for security systems to function properly may be utilized at any time provided the lighting is the minimum necessary and is turned off when it is no longer needed or being used.

7.    Light trespass shall comply with the provisions of subsection D of this section.

8.    Illumination of government flags is allowed provided the light fixtures are equipped with shields and louvers to control the beam spread and to prevent light trespass and glare.

9.    Low voltage landscape lighting (thirty volts or less) is allowed provided it is partially shielded (upward-oriented spot/flood lights are not allowed) and does not violate the light trespass standards of subsection D of this section. Rope-style lighting of any voltage is also allowed for residential properties provided it meets the light trespass standards of subsection D of this section.

C.    Application Required.

1.    A basic lighting plan shall be submitted to the community development department along with building permit applications that involve the installation or replacement of exterior lighting. The basic lighting plan shall include, but not be limited to, descriptions, illustrations, or photos of the types of lighting fixtures to be installed, a statement or description of how the fixtures comply with the regulations, and descriptions or depictions of the locations of the proposed lighting fixtures. The basic lighting plan shall also include statements that the applicant will design their project to comply with the exterior lighting regulations, and the applicant will make any changes necessary to come into compliance with the regulations before their occupancy permit is issued. The basic lighting plan must be signed by the applicant(s) or their authorized agent(s).

2.    For nonresidential development proposals that are four thousand square feet or larger, the community development director (or his/her designee) may require a photometric lighting plan instead of the basic lighting plan. The photometric plan, application, and a fee as specified by the most current fee resolution adopted by the Tumwater city council shall be submitted along with a building permit application. The photometric lighting plan must specify how the project lighting, including both freestanding and building-mounted lighting, complies with the applicable requirements of the Tumwater Municipal Code including this chapter. The photometric lighting plan shall also include the requirements listed for the basic lighting plan as shown in subsection (C)(1) of this section. Where requirements overlap or conflict, the more stringent shall apply.

D.    Light Trespass. All light fixtures used on a premises shall be installed and maintained to prevent light trespass, measured at the property line of the originating property (light source), that exceeds one-tenth foot-candle illuminating adjacent to residential-zoned property or one-half foot-candle illuminating adjacent to business-zoned property or public rights-of-way.

E.    Exceptions. The restrictions on exterior lighting in subsections B, C and D of this section shall not apply to:

1.    Light fixtures on structures listed in the Tumwater, or Washington State, or National historic registers (as defined in TMC Chapter 2.62) that are important in defining the overall historic character of the structure or building.

2.    Projection equipment for outdoor movie theaters and outdoor movie events.

3.    Security floodlights with motion detectors and daytime cutoffs that comply with the light trespass standards of subsection D of this section; provided, that the duration of activation by the motion sensor does not exceed sixty seconds. Light trespass at the property line may be diminished to acceptable levels by using lower wattage bulbs, downward and inward orientation, opaque or translucent shielding, or combinations thereof.

4.    Seasonal decorations illuminated no longer than sixty days.

5.    Lights on moving vehicles.

6.    Sports field lighting.

7.    Navigation lights (such as airports, heliports, or tower lighting required by the Federal Aviation Administration).

8.    Temporary emergency lighting (such as fire, police, repair workers).

9.    Traffic control signals and devices.

10.    Exterior lighting approved by the community development director for temporary or periodic events (e.g., special events, nighttime construction, etc.). Searchlights, lighting displays lasting longer than seven days in any calendar year, and any lighting displays that cause any direct glare into or upon any building other than the building to which the display may be related are all prohibited.

11.    Light sources lawfully installed prior to the effective date of these regulations.

12.    Public streetlights are exempt only from the light trespass standards of subsection D of this section.

(Ord. O2018-007, Amended, 10/16/2018; Ord. O2014-007, Amended, 07/15/2014; Ord. O2011-002, Amended, 03/01/2011; Ord. O2009-001, Added, 11/02/2009)

18.40.040 Emissions.

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

The ambient air quality standards specified in the currently adopted Regulation 1 of the Olympic Air Pollution Control Authority (OAPCA) shall apply to all air contaminants listed therein.

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

Toxic substances not listed in Regulation 1 of OAPCA, but released into the air shall be limited in accordance with the most current publication entitled “Threshold Limit Values” of the American Conference of Governmental Hygienists.

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

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

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

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

G.    Vibration and Concussion. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the exception of the vibration produced as a result of mineral resource extraction, wood products manufacturing or temporary vibration produced as a result of construction activity including blasting. Such temporary construction activity shall be restricted to the hours between 7:00 a.m. and 6:00 p.m. weekdays only.

(Ord. O95-035, Added, 12/19/1995)

18.40.050 Ground and soil contamination.

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

(Ord. O95-035, Added, 12/19/1995)

18.40.060 Storage.

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

1.    Persons operating a business shall store all such materials within an enclosed building, with the following exceptions:

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

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

2.    Outside storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard.

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

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

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

C.    Storage in or on the public right-of-way is prohibited, except for areas within the Tumwater city limits, as provided in TMC Chapter 10.20.

(Ord. O95-035, Added, 12/19/1995)

18.40.065 Inadvertent discovery of archaeological and cultural resources.

Building, grading, land clearing, shoreline, and development permits shall include the following note: When an unanticipated discovery of protected cultural material (e.g., bones, shells, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains are discovered, the property owner or contractor will immediately stop all work, completely secure the location, and contact the Washington State Department of Archaeology and Historic Preservation and other contacts as identified in the City of Tumwater Standard Inadvertent Archaeological and Historic Resources Discovery Plan. The individual or representative whom the permit was issued to must send written notification of the inadvertent discovery to the city of Tumwater department of community development.

(Ord. O2017-008, Added, 09/05/2017)

18.40.070 Applicability.

The provisions of this chapter shall apply to all zoning districts in this title.

(Ord. O95-035, Added, 12/19/1995)