Chapter 20.134
ENVIRONMENTAL PERFORMANCE

Sections:

20.134.010    Purpose.

20.134.020    Environmental performance standards.

20.134.030    Noise.

20.134.040    Pollutants and contaminants.

20.134.050    Perceptual nuisance.

20.134.060    Storage – Commercial or industrial.

20.134.070    Storage – Residential.

20.134.080    Storage – Public reserve, airport development district.

20.134.090    Storage – Unused refrigerators.

20.134.100    Storage prohibited on the public right-of-way.

20.134.110    Recreation vehicles as permanent living quarters prohibited.

20.134.120    Property to be kept clear, abatement required.

20.134.010 Purpose.

The purpose of this chapter is to establish minimum standards for the control of environmental pollution and to minimize the adverse effects of contaminants which may result from land use activities in a manner which protects the public health and general welfare.

20.134.020 Environmental performance standards.

It is the responsibility of the operator and/or proprietor of any permitted use to comply with the following environmental performance standards as set forth in this chapter. It shall further be the responsibility of the operator and/or proprietor of any permitted use to provide such reasonable evidence and technical data as the zoning administrator may require to prove compliance with this Chapter, if and when such need arises.

Proposals which require review under the regulations of the State Environmental Policy Act (SEPA) will be processed as set forth in the WAC 197-11 and Title 21 of the Walla Walla Municipal Code. No approval or permit shall be issued on the proposal until SEPA review is complete.

20.134.030 Noise.

Noise emissions from any permitted use shall comply with the maximum permissible sound level standards contained in Chapter 8.13 (Noise Control) of the Municipal Code of Walla Walla or any subsequent amendments thereto.

20.134.040 Pollutants and contaminants.

A. Ambient air quality standards specified in Regulation 80-7 of the Benton-Franklin-Walla Walla Counties Air Pollution Control Authority or in any subsequent amendments thereto shall apply to all contaminants listed therein.

B. Toxic substances (including asbestos, beryllium compounds, vinyl chlorides, and benzol and any others added to the toxics list of the U.S. Environmental Protection Agency Standards). Asbestos demolition (including the handling of scrap asbestos from any source) shall be conducted in accordance with the State Department of Ecology and Benton-Franklin-Walla Walla Counties Air Pollution Control Authority requirements.

C. Liquid or solid wastes shall be disposed of 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 liquid or solid waste disposal and environmental health and safety.

D. Radioactive Materials and Radiation Devices. The use, transportation, storage, and disposal of all radioactive materials and handling devices shall be subject to the regulatory controls of any local, regional, state, or federal agency having jurisdiction.

E. Ground and Soil Contaminants. Materials used or created in any commercial/industrial process shall be handled in such a manner so as to prevent ground or soil contamination which destroys or endangers the support of natural vegetation or which may pollute underground aquifers or other natural drainage systems.

20.134.050 Perceptual nuisance.

A. Heat or 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 except during the period of on-site construction.

B. Lighting. Exterior lighting shall be so arranged as far as practical to reflect light away from a residential use.

C. Vibrations or Concussions. No activity or use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the exception of the temporary vibration produced as a result of construction activity, except as specifically permitted by City Council after a public hearing. Such temporary construction activity shall be restricted to the hours between 7:00 a.m. and 8:00 p.m. Emergency conditions, as verified by the zoning administrator, are exempt from these provisions.

20.134.060 Storage – Commercial or industrial.

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

A. Inside Storage. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building, with the following exceptions:

1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; or

2. 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; or

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

B. Outside Storage.

1. Where review of a proposal indicates that inside storage is inappropriate, the outside storage of junk, used or secondhand furniture and appliances, scraps or solid wastes, construction or rental equipment, lumber or building supplies, or similar material may be permitted provided it shall be entirely enclosed within a sight obscuring fence at least six (6) feet in height, or behind a screen of dense landscaping at least six (6) feet in height, or both, as determined by the reviewing official. For screening requirements for Wrecking Yards and Junk Yards, see Section 20.110.100(B).

2. Outside storage shall be maintained in an orderly manner consistent with good housekeeping practices and shall create no visual offense to the premises, adjacent properties, or public right-of-way, or create fire, safety, or health hazard. The Site Plan Review Committee during development review may require that open storage areas be fully screened from view (for evergreen material designed to constitute a solid planting) where in its opinion a visual offense or hazard may exist as a result of the proposed commercial/industrial activity;

3. Outside storage of any commercial or industrial products in a zone abutting a residential zone is required to be screened with dense landscaping at least six (6) feet in height, of a type and spacing acceptable to the Site Plan Review Committee or other reviewing official.

20.134.070 Storage – Residential.

A. Inside Storage. Every reasonable effort shall be made by persons using property as a residence to store raw materials, fixtures, equipment and solid waste related to residential activities entirely enclosed within a building with the following exceptions:

1. Licensed, operable motor vehicles;

2. Lawn furniture in good repair;

3. Lawn care items such as hoses and lawn ornaments;

4. Licensed trailers, recreational vehicles and the like;

5. Fuel for wood burning appliances;

6. Construction material temporarily stored on the premises for use at that site.

B. Outside Storage.

1. Where outside storage is allowed by this code, it shall be maintained in an orderly manner consistent with good housekeeping practices and shall create no fire, safety, health, or sanitary hazard.

2. Appliances and other mechanical equipment normally used in the residential environment which are no longer operable, shall not be stored outside for more than fourteen days. Such storage shall not be allowed within the front or side yard setbacks.

3. Boats, trailers, recreational vehicles, and the like stored outside must be:

a. Stored within the rear or side yard.

b. Licensed and operable.

4. Motor vehicles, boats, trailers, recreational vehicles and the like which are not operable or licensed and which are stored outside must be:

a. Stored within the rear yard and screened from view by a six-foot high sight obscuring fence or six-foot high dense landscaping, or may be stored under a cloth or vinyl cover designed for that purpose.

5. No more than two inoperable or unlicensed motor vehicles, boats, trailers, recreational vehicles or the like may be stored outside on a residential property. A motor vehicle is considered inoperable if it cannot legally be driven on the streets of Walla Walla under its own power, or in the case of a trailer, cannot be legally, safely and properly towed.

6. The total number of vehicles parked or stored outside (not within a totally enclosed structure) on any lot or property in single-family residential use shall not exceed six, including trailers and RVs.

C. Storage – Prohibited. Neither inside or outside storage of materials or equipment associated with a commercial or industrial use is allowed on a residential zoned property with the following exceptions:

1. Materials and equipment associated with an approved home occupation.

2. Business vehicles, not exceeding a vehicle gross weight of ten thousand pounds, associated with a contractor or other service provider, provided the contractor may not store more than two such vehicles on his property. Such vehicles shall be similar to the type of domestic vehicles normally associated with residential use; i.e., car, pickup, van. (Ord. 2004-17 § 5, 2004: Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 6, 1998: Ord. 95-5 § 1(part), 1995).

20.134.080 Storage – Public reserve, airport development district.

Storage in a Public Reserve District or Airport Approach District shall comply with the requirements for commercial or industrial districts or residential districts, depending on the use.

20.134.090 Storage – Unused refrigerators.

In addition to the requirements of this code, abandoned, unused or discarded refrigerators must be stored as required by this title.

20.134.100 Storage prohibited on the public right-of-way.

Storage in the public right-of-way is prohibited.

20.134.110 Recreation vehicles as permanent living quarters prohibited.

Recreation vehicles stored on a property shall not be used as permanent living quarters. See Section 20.180.080, Recreational vehicles.

20.134.120 Property to be kept clear, abatement required.

Any outside storage of goods or materials which would result in a violation of Chapter 8.05 is prohibited. Abatement shall be as set forth in Chapter 8.07, Nuisance Procedures. (Ord. 2000-02, 2000).