Chapter 17.44
GENERAL REGULATIONS

Sections:

17.44.010    Scope.

17.44.020    Nonresidential buildings.

17.44.030    Yards.

17.44.040    Fences and hedges.

17.44.050    Accessory buildings.

17.44.060    Group A home occupations.

17.44.070    Day care home.

17.44.080    Livestock and kennels.

17.44.090    Residential performance standards.

17.44.095    Recreational vehicle use standards.

17.44.100    Outside storage.

17.44.110    Vehicle parking.

17.44.115    Vehicle storage.

17.44.120    Barrier-free access.

17.44.130    Off-street parking.

17.44.140    Landscaping.

17.44.150    Noise.

17.44.160    Lighting.

17.44.170    Odors and gases.

17.44.180    Particulate matter.

17.44.190    Electrical interference.

17.44.200    Hazardous materials storage.

17.44.210    Open storage.

17.44.220    Maintenance and alterations.

17.44.230    Investigation, compliance and enforcement.

17.44.240    Building within airport hazard area.

17.44.010 Scope.

The general provisions and standards contained in this chapter apply to all uses and structures in all zone districts, unless otherwise specifically stated. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.020 Nonresidential buildings.

All nonresidential buildings and structures must have been originally and specifically constructed for use as a permanent building or structure. Cargo containers, truck vans, converted mobile homes and similar prefabricated containers and structures originally built for other, alternative purposes do not meet these criteria and are prohibited for use as accessory buildings. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.030 Yards.

A. No yard shall be reduced in size or area below the minimum dimensions required by this title except as allowed by variance.

B. No portion of any principal building or structure over 42 inches above the finished grade shall extend into a required yard except as provided elsewhere in this title.

C. The required front yard may be reduced by the administrator for a primary residential dwelling and accessory if the following apply:

1. The front yard may be reduced to 20 feet from the road right-of-way or 50 feet from the deeded centerline of the road, whichever distance is greater, when the front 50 feet of the lot equals or exceeds an average of one foot of fall/rise in seven feet of distance from the front lot line.

2. The front yard may be reduced to 15 feet from the road right-of-way or 45 feet from the deeded road centerline, whichever distance is greater, when the front 50 feet of the lot equals or exceeds an average of one foot of fall/rise in four feet of distance from the front lot line.

3. The front yard may be reduced to 12 feet from the road right-of-way or 42 feet from the deeded road centerline, whichever distance is greater, when the front 50 feet of the lot equals or exceeds an average of two feet of fall/rise in five feet of distance from the front property line.

4. The front yard may be reduced if a residential dwelling(s) located on an immediately abutting or adjoining lot(s) has a front yard of less than the required depth for the district. The required front yard in these instances is determined by averaging the front yard(s) with less than the required depth and the front yard requirement of the district. The front yard setback required in the district shall be used in calculating the setback for an abutting or adjoining lot in the following circumstances:

a. Where no residential dwelling exists on a lot(s) adjacent to the lot proposed for development;

b. Where a residential dwelling exists on a lot(s) adjacent to the lot proposed for development and the existing residential dwelling(s) is (are) located at a depth greater than the front yard requirement of the district.

5. If the front yard requirement is to be reduced under the conditions specified in this subsection, all driveways and entrances to garages and carports entering onto a road with a reduced setback shall be parallel or nearly parallel to the road by providing an area or hammerhead for a turnaround in order to avoid the backing of vehicles directly onto the road, and to allow vehicles to be completely outside of a structure before entering the established road right-of-way.

a. In all cases the setback or approaches allowed under these exceptions shall be approved by the administrator in order to ensure safe travel on adjoining roads and streets; and

b. The natural grade of the lot shall be maintained as much as possible.

D. Xeriscaping and other forms of low water use landscaping are encouraged versus large lawn or other landscaped areas that routinely require overage charges. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.040 Fences and hedges.

Fences in all zoning districts shall meet the following requirements except as may be provided in a specific district:

A. Fence Heights. In any use district, except as otherwise provided in that district or subsections B and/or F of this section, no fence shall exceed the following height standards:

1. Front yard: 48 inches maximum height as measured from the finished grade of the lot within 10 feet of the front lot line. On corner lots and when located within a sight distance triangle as defined in subsection F of this section, no fence or other physical obstruction shall be higher than 48 inches as measured from the established road grade.

2. Side yard: a maximum of 48 inches in height as measured from the established road grade within 10 feet of the front lot line, at which point it may be a maximum of six feet in height as measured from the finished grade of the lot.

3. Rear yard: six feet maximum height from the finished grade of the lot.

B. Double Frontage Lots within Residential Districts. Double frontage lots within a residential district and located on a collector or arterial road may construct a fence six feet in height on the front lot line adjacent to the arterial or collector. The fence height shall be measured from the established road grade. The following criteria shall be met:

1. Vehicular access is prohibited from the arterial or collector roadway for the affected lot;

2. If a gate is located for each affected lot that it be designed for pedestrian access only;

3. The fence complies with the minimum standards set forth in subsection F of this section for sight distance triangles; and

4. The fence shall be maintained and kept in good repair.

C. Fences Enclosing Specific Public or Private Buildings. A fence enclosing public or private school grounds, playfields, municipal buildings, cemeteries, or utilities may be a maximum height of eight feet as measured from the established road grade provided the requirements in subsection F of this section for sight distance triangles are observed.

D. Fence posts and decorative features may exceed the maximum fence height by no more than 18 inches provided the features are spaced at least six feet apart.

E. Natural evergreen screening is encouraged, subject to subsection F of this section. Temporary fencing may be approved if erected simultaneously with permanent plantings.

F. Vision Clearance at Intersections.

1. All corner lots at street, alley and/or driveway intersections shall maintain, for safety vision purposes, a vision clearance triangle. Nothing within the vision clearance triangle shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision of the street;

2. For street intersections the vision clearance triangle shall consist of the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines 80 feet from the point of intersection, and a straight line connecting said latter points; provided, that when either of the intersecting streets has or will have 80 feet of right-of-way, the vision clearance triangle shall be the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines 100 feet from the point of intersection, and a straight line connecting said latter points;

3. Within the central business district, the vision clearance triangle at street intersections shall consist of the area bounded by the centerlines of the adjacent intersecting streets extending along the centerlines 50 feet from the point of intersection and a straight line connecting said latter points;

4. For all alley and driveway intersections, the vision clearance triangle shall consist of the area bounded by the centerline of either the platted alley or the established and/or anticipated driveway location and the front property line, extending along each of these lines a distance of 15 feet from the point of intersection, and a straight line connecting said points. (Ord. 815 § 3 (Exh. A), 2020; Ord. 779 § 1(D) (Att. B), 2017; Ord. 635 § 1, 2003).

17.44.050 Accessory buildings.

A. No accessory building shall be located in any front yard area, and the gross floor area of all accessory buildings shall be less than that devoted to the principal structure.

B. No accessory building housing livestock or for storage of malodorous substances shall be located within 40 feet of a lot line or principal residential building.

C. An accessory building must have been originally and specifically constructed for use as a permanent accessory building unless it is to be located in the industrial district. Cargo containers, truck vans, converted mobile homes and similar prefabricated containers and structures originally built for alternative purposes do not meet these criteria and are prohibited for use as accessory buildings. (Ord. 815 § 3 (Exh. A), 2020; Ord. 696 § 2, 2008; Ord. 639 § 1, 2004; Ord. 635 § 1, 2003).

17.44.060 Group A home occupations.

When all of the following criteria are met, home occupations are considered Group A home occupations and are allowed as accessory uses in the residential districts following a “limited administrative review” process as identified in WMC Title 14, Development Permit Procedures and Administration:

A. The use of the property for a home occupation shall be clearly incidental and subordinate to its use for residential purposes; and

B. Only resident family members are involved in the business; and

C. Customers do not come to the home to receive goods and/or services; and

D. No exterior signs or indications that a business is present in the home; and

E. No window display and no sample commodities are displayed outside the building; and

F. Home occupations shall occupy not more than 25 percent of the total floor area of the primary residence. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.070 Day care home.

When all of the following criteria are met, day care homes are allowed as accessory uses in the residential districts following a “limited administrative review” process as identified in WMC Title 14, Development Permit Procedures and Administration, to determine that the following minimum criteria are met:

A. Comply with all building, fire, safety, health code, and business licensing requirements; and

B. Strict compliance with all regulations and restrictions of the licensing requirements for day care home administered by the state of Washington. The day care home provider shall provide the town a copy of current license issued by the state. Copies of reissued licenses shall be provided to the town within 30 days of receipt; and

C. Conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; and

D. Provide a safe passenger parking and loading area; and

E. No exterior signs or indications that a business is present in the home; and

F. No outward manifestation or change of primary use other than that of a dwelling if located within a residential area. (Ord. 815 § 3 (Exh. A), 2020; Ord. 671 § 1, 2006; Ord. 635 § 1, 2003).

17.44.080 Livestock and kennels.

In addition to the provisions of WMC Title 6, Animals, the following provisions shall regulate the keeping of livestock and poultry and the establishment of kennels within the zoning districts that allow for said use:

A. Each household shall be limited to three dogs.

B. The keeping of livestock and poultry is subject to the following provisions:

1. The property shall be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust and general nuisances, and to be in compliance with the Chelan-Douglas health district regulations.

2. Adequate measures shall be taken to properly dispose of animal wastes. Accumulation of animal waste shall be prohibited from being stored closer than 100 feet from any off-premises dwelling and domestic or irrigation well.

3. “Pasture” shall be defined as that area which is enclosed within a perimeter fence, and shall not include that portion of the property used for residential purposes. Pasture areas shall be maintained with a permanent uniform top cover (vegetation). Said vegetation shall not include noxious weeds.

C. It is unlawful for any person, firm or corporation to keep, harbor or maintain within the corporate limits of the town, any livestock without first having procured a permit to do so from the town council in the manner provided in this chapter:

1. Minimum Acreage Allowance. One-quarter acre in maintained pasture per horse is the minimum allowance.

2. Application for the permit required by this chapter shall be made in writing to the town council by the person desiring such a permit five days prior to the regular town council meeting. A permit fee of $45.00 is to accompany the application for a new permit, or $25.00 for a permit renewal. Permits shall be reviewed annually by the town council. Renewals are not subject to hearing. The town council shall review the permit application at the next regularly scheduled council meeting after the application is received. The permit shall be granted if the applicant meets the requirements of this chapter.

3. Revocation. The town council shall have the right to revoke any permit that may be granted in accordance with this chapter by giving the holder of such permit at least one week’s notice to appear before the town council to show cause, if they have any, why such permit should not be revoked.

D. The keeping of livestock, poultry and the establishment of kennels shall only be permitted in association with residential uses in the C-T zoning district. (Ord. 823 § 4, 2020; Ord. 815 § 3 (Exh. A), 2020; Ord. 750 § 4, 2014; Ord. 745 § 2, 2014; Ord. 671 § 1, 2006; Ord. 645 § 1, 2004; Ord. 635 § 1, 2003).

17.44.090 Residential performance standards.

The following standards apply to all residential structures, including site-built, manufactured, modular and factory-built homes, or other prefabricated structures, to be placed outside of an existing manufactured home park or approved planned development (Chapter 17.38 WMC):

A. Minimum Floor Area. The minimum floor area shall be as set forth in WMC 17.20.040 Table 1 for residential zones and WMC 17.32.040 Table 1 for commercial zones;

B. Construction of all residential dwellings shall meet applicable building and fire codes;

C. Siding Materials. Siding materials shall be similar in appearance to siding materials commonly used in the community and include but are not limited to: metal, wood, stucco, concrete, manufactured wood and related products, used on conventional site-built building code compliant single-family residences. House wrap, tarps and similar products do not qualify as siding. Residential structures shall be completely enclosed between the bottom of the exterior walls and adjacent ground level;

E. All residential structures must have a permanent foundation that meets or exceeds applicable building code requirements for residential construction. Post and pillar and similar building code approved foundations require skirting compatible with the house design;

F. The first finished floor level of a single-story residence shall be 15 inches or less above the exterior finished grade adjacent to the residential structure, unless topography or environmental factors require additional height;

G. Alternative and prefabricated structures shall require plans, profiles and specifications to be submitted prior to issuance of required permits;

H. All manufactured or mobile homes built prior to 1976 are considered nonconforming and shall not be moved into or within the community;

I. Manufactured homes located on individual lots, parcels or tracts of land shall be a new manufactured home, which means, for the purposes of this code, any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and which is not a “used mobile home” as defined in RCW 82.45.032(2);

J. Modular and factory-built homes shall be new homes, which means, for the purposes of this code, any modular or factory-built home that has not been previously set and occupied. (Ord. 815 § 3 (Exh. A), 2020; Ord. 654 § 3, 2004; Ord. 635 § 1, 2003).

17.44.095 Recreational vehicle use standards.

Recreational vehicles are prohibited as places of habitation when located outside of approved mobile home parks, or other areas having specific town authorization for such use. At no time shall recreational vehicles be used as permanent places of habitation. A recreational vehicle may be used for visitors for a total of 30 days in any 12-month period, provided it is parked on a lot that has an existing, permanent residential dwelling already constructed. Recreational vehicles may be used for temporary living purposes during the construction of a residence subject to all of the following conditions:

A. A valid building permit for the residential dwelling has been issued by the town;

B. Substantial progress is being made toward completing the construction of the residential dwelling for which the building permit was issued, as determined by the town;

C. A written request is received by the town asking permission to use a recreational vehicle for temporary living purposes during construction of a residential dwelling, and specific written authorization from the town as granted with an identified start date for using the recreational vehicle for the stated purpose;

D. The recreational vehicle is located on the same lot as the residential dwelling that is being constructed;

E. The recreational vehicle is connected to the town’s water and waste water services;

F. Only one recreational vehicle is allowed;

G. The same recreational vehicle shall be used for the duration of the authorized use, unless written authorization is requested by the owner and granted by the town to change the recreational vehicle. A change in the recreational vehicle used for the temporary living quarters for residential dwelling construction purposes shall not alter the allowed duration of the temporary living quarters use as established by the town; and

H. The recreational vehicle shall be removed from the site and the temporary living use shall be discontinued at the completion of the construction of the residential dwelling or within one year of the start of the use of the recreational vehicle for temporary living purposes, as documented by the town, whichever occurs first. No extensions to this timeline shall be granted. (Ord. 815 § 3 (Exh. A), 2020; Ord. 728 § 5, 2012).

17.44.100 Outside storage.

A. All outside storage must be confined to rear yards. All outside storage should be enclosed by a sight-obscuring screen at least 72 inches high measured from the nearest street grade elevation and comply with WMC 17.44.040.

B. All outside storage in central business and light industrial zones can be a maximum of eight feet. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.110 Vehicle parking.

A. All property owner and occupant passenger vehicles including pickup trucks shall be parked in a designated driveway, parking space, carport or garage. No vehicle may be parked or stored between the front lot line and the front building line, unless in a driveway or legally in the public right-of-way.

B. No commercial vehicle or combination of vehicle and trailer over 40,000 pounds total gross weight shall be parked on any lot in a residential zone. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.115 Vehicle storage.

Not more than a total of eight cars, trucks, or recreational vehicles per dwelling may be parked outside of a building on any lot. Said vehicles shall be parked to the rear of the front yard setback line, except when parked in a driveway. For purposes of this section, “recreational vehicles” shall mean any travel trailers, truck campers, tent trailers, motor homes, snowmobiles, boats or jet skis, utility trailers for hauling materials or recreational vehicles, and similar equipment. (Ord. 815 § 3 (Exh. A), 2020).

17.44.120 Barrier-free access.

All development shall comply with the Washington State rules and regulations for barrier-free design. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.130 Off-street parking.

A. Applicability. Off-street parking as required by this title shall be provided in all zoning districts, except the central business, when:

1. A new principal building is constructed;

2. A principal building is relocated; and

3. The use or building is changed or expanded to the extent that the number of required parking spaces is increased by 15 percent.

B. Maintenance of Space. All required parking spaces shall remain open and accessible for parking during the hours the use is open to the public or residents.

C. Required Spaces. Off-street parking spaces shall be provided based on the following requirements:

1. Single-family dwellings: two spaces for each dwelling unit;

2. Multiple-family dwellings: two spaces for each dwelling unit;

3. Auditoriums, theaters: one space per four seats;

4. Churches, mortuaries: one space per four seats;

5. Restaurants, taverns: one space per 100 square feet of gross floor area;

6. Hotels, motels: one space per unit;

7. Hospitals: one space per three beds;

8. General retail stores: one space per 200 square feet of usable floor area;

9. Office buildings, banks: one space per 300 square feet of usable floor area;

10. Bulk retail stores: one space per 500 square feet of usable area;

11. Rest homes, elderly housing and similar uses: shall have one space per three beds or one space per three dwelling units, whichever is less;

12. Similar uses applied appropriately.

D. Barrier-Free Spaces. All retail commercial, offices, personal service, health care, community facilities, multifamily buildings with dwelling units for rent and other places of public accommodation which are subject to these parking regulations shall provide barrier-free spaces as required by the Federal Americans with Disabilities Act and the state of Washington barrier-free parking standards.

E. Calculations – Fractions. When the total number of all required spaces results in a fractional number of parking spaces, one space shall be provided for a fraction of one-half or more, and no space shall be required for less than one-half.

F. Location. Parking spaces required for residential uses shall be provided on the same lot as the principal building or an abutting lot if this lot is owned by the same owner; provided, that provision is made for meeting the parking requirements on the lot with the principal residential structure. Front driveways shall extend a minimum of 10 feet from the edge of improvements in the right-of-way. Off-site parking for nonresidential uses shall be within 300 feet of the principal building or use being served.

G. Dimensions. All parking spaces shall comply with the dimensional standards of 17 feet by nine feet.

H. Improvement of Parking Spaces. Any off-street parking in the commercial, industrial and public use zone districts for 10 or more vehicles shall be developed in accordance with the following requirements:

1. Off-street parking facilities shall be surfaced with a concrete, asphaltic concrete, or similar surface approved by the town and shall include a drainage system to dispose of surface water, and shall be maintained in a condition free of weeds, dust, trash, and debris, and shall be landscaped;

2. If the parking area is located adjacent to residentially zoned property, illumination of all street parking facilities shall be so arranged as to deflect light away from adjoining residential premises. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.140 Landscaping.

A. Purpose. The purpose of this section is to use drought-tolerant landscaping and buffering concepts to promote compatibility between land uses by reducing the visual, noise, lighting and water consumption impacts of development on users of the site and abutting uses; and to unify development and enhance the overall appearance of the town of Waterville.

B. Application of Requirements. This section will be used in the review and approval of all commercial, industrial and public building permits, multifamily building permits, planned residential developments, conditional use permits, and binding site plans.

1. Developments involving additions or alterations to existing structures in which the cost of the additions or alterations exceeds 40 percent of the value of the existing structure(s) or improvement (value shall be determined from the most recent ICBO construction tables).

2. This section shall not be applicable to the following:

a. Single-family residences;

b. Central business districts for buildings constructed prior to 2000 and having a zero-foot setback from the street right-of-way.

C. Landscape Plan. When applicable, a landscape plan shall be submitted with the development application and approved prior to the issuance of a building permit, conditional use permit, planned unit development, binding site plan or other development permits. The landscape plan shall meet the following:

1. All landscape plans shall be drawn to scale with the location, type and quantity of all plants shown;

2. An irrigation plan or specified watering method including an estimation of water use on the landscape plan;

3. Show all natural or manmade features;

4. Show existing or proposed structures, fences and retaining walls;

5. When applicable show designated recreation or other open space areas, plazas, or green areas; and

6. Name and address of person, firm or organization preparing landscape plans.

D. Types of Landscaping Required. The following are types of landscaping required:

1. Sight-obscuring landscaping shall be required when a use or activity enumerated in subsection A of this section abuts a residential district or other uses that are not compatible as determined by the review authority. Sight-obscuring landscaping is intended to provide a very dense sight barrier to significantly separate incompatible uses. Plantings shall generally consist of a mix of predominantly drought-tolerant evergreen planting, including trees, drought-tolerant shrubs and ground covers. Evergreen trees shall be a minimum height of four feet at the time of planting. Plantings shall be chosen and spaced in a manner that is sufficient to obscure sight through the barrier within seven years. Planting strips shall be a minimum of eight feet wide.

2. Perimeter landscaping is intended to create a visual separation between uses from roads and adjoining properties, and to create visually aesthetic features between neighborhoods and within commercial, industrial and recreation areas. Plantings shall consist of a mix of drought-tolerant evergreen/deciduous trees, shrubs and ground covers and/or xeriscape. Trees shall be a minimum of four feet high at the time of planting and shall have a minimum spacing of 50 feet.

a. Front yard or when adjacent to a public right-of-way: eight feet wide;

b. Rear and/or side yard: five feet wide. A minimum of 60 percent of the total rear/side yard perimeter shall be landscaped.

3. In Lieu of Perimeter Landscaping. In lieu of providing a portion of the required perimeter landscaping on the side or rear yard areas of the site or in the case of buildings adjoined by a party wall, up to a maximum of 100 percent of the required perimeter landscape area may be transferred to another location on the site to create a pedestrian park, green area or plaza, provided the following criteria are met:

a. The area is separated from parking lot driveways and/or roads by curbs or other approved devices;

b. The site is located in an area that is accessible and contributes to the pedestrian environment of the site;

c. The site features prominent seating area(s) and other pedestrian amenities;

d. At least 50 percent of the required landscaping site shall be landscaped with a combination of drought-tolerant trees, shrubs, and living ground cover or xeriscape. The landscape plan shall be approved by the director and meet the applicable sections of this chapter;

e. Walkway surfaces shall be designed to be visually distinguishable from driving surfaces through the use of surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort;

f. The type and design of the required front yard landscaping pursuant to this chapter may be modified in part or in whole if incorporated and designed as a component of the pedestrian park, green area or plaza. This provision shall not affect the front yard landscape area required by this title;

g. This provision shall not apply to rear or side yards abutting a residential or agricultural district; and

h. Requests for modification shall be submitted for approval by the reviewing official.

4. Parking lot landscaping is intended to provide visual relief and shade in parking areas. Up to 100 percent of the landscaping shall be drought-tolerant deciduous species. Parking areas having 20 or more spaces shall provide at least 15 square feet of landscape area per parking space. One drought-tolerant shade tree shall be planted within the interior of the off-street parking area for every 15 parking spaces.

5. Landscape Planting Requirements and Maintenance. All landscaping shall be maintained for the life of the completed project:

a. The applicant and/or landowner shall follow accepted nursery standards and practices in the planting and maintenance of the vegetation required by this chapter.

b. All landscaped areas must have a minimum depth of topsoil of four feet.

c. Each area of landscaping must contain at least 50 square feet and an average dimension of not less than four feet wide.

d. A permanently installed irrigation system shall be provided, where required, with adequate water pressure and coverage to serve all landscaped areas, except for xeriscaped areas or areas with existing native species that are incorporated into the approved design.

e. The property owner shall keep the landscaped areas free of weeds, trash and replace any diseased, damaged, unhealthy or dead plants in conformance with the approved landscape plan.

6. Prior to the issuance of an occupancy permit or start of the business activity, the landscaping shall be in place. In the event that landscaping improvements cannot be installed prior to formal application for occupancy, a cash deposit or other assurance acceptable to the town equal to 120 percent of the estimated construction costs shall be required. Such deposit shall be accompanied by a letter from the applicant which shall stipulate that completion of all landscape development shall occur no later than six months after issuance of the certificate of occupancy and that if this stipulation is not met, the town may use the deposit to install the landscaping and refund any balance of the deposit to the applicant or its designee. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015; Ord. 635 § 1, 2003).

17.44.150 Noise.

Noise emanating from any use shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where use is within or adjoins a residential district. The sound measured at the lot line shall not exceed 50 decibels between the hours of 10:00 p.m. and 6:00 a.m. and 70 decibels at other hours. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.160 Lighting.

Lighting shall not be used in such a manner that produces a glare on public streets and neighboring property. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.170 Odors and gases.

The emission of obnoxious odors of any kind or any toxic or corrosive fumes or gases shall not be permitted. Dust created by a use shall not be exhausted or wasted directly into the atmosphere. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.180 Particulate matter.

The emission of smoke or particulate matter of a density greater than the standard permitted by the NWAPCA (Northwest Area Pollution Control Agency) is prohibited at all times, unless a permit is issued by the town of Waterville. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.190 Electrical interference.

All mechanical, electrical, and electronic equipment shall be shielded to the extent necessary to prevent electrical, magnetic or radiological interference with the use of any equipment or process on abutting sites. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.200 Hazardous materials storage.

All hazardous materials shall be stored in strict compliance with all federal, state and local regulations. Refer to the provisions of this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.210 Open storage.

All storage of materials and equipment and materials in process shall be stacked, sorted, or arranged in an orderly manner. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.220 Maintenance and alterations.

All buildings and other structures shall be maintained in a satisfactory condition with respect to exterior appearance. All additions to existing buildings, new structures, alterations and major maintenance which affect exterior appearances shall be subject to the same review and approval process as originally followed in approval of the principal structure as per the adopted Uniform Building Code and Uniform Fire Code. All landscaped and open space areas shall be kept reasonably free of litter and debris. All plant material shall be kept free of disease, dead material and weeds in landscaped areas. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.230 Investigation, compliance and enforcement.

A. If the administrator has reasonable doubt that a business or use is, or can be, conducted within the limits of the above performance standards, he/she may require that the user or proposed user retain, at his/her expense, an independent, qualified testing laboratory or expert, acceptable to the town, to make an analysis of the use to determine its compliance with the standards and make the results of analysis available to the town. If the site operator does not provide the required analysis within 30 days of the request, the mayor shall initiate such investigation and bill all expenses thereof to the site operator.

B. In the event the analysis indicates existing or impending noncompliance with these standards, the town building official or other authorized official shall require the user or proposed user to either institute remedial measures to bring the use into compliance or to cease operation. Further enforcement shall be as provided for in WMC Title 14, Development Permit Procedures and Administration. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.44.240 Building within airport hazard area.

All building or alterations within the airport hazard area, as defined by the airport plan, must comply with safe building heights and setbacks. Consultation with airport officials, Douglas County, the Port of Douglas County, and the Washington State Department of Transportation – Aviation Division may be required to ensure land uses are compatible with the long-range needs of the airport. (Ord. 815 § 3 (Exh. A), 2020; Ord. 671 § 1, 2006).