§ 20.54.070. Use—Specific standards.

Latest version.

The following standards apply to specific special uses and are in addition to those established in other sections of this chapter. The zoning districts in which a special use is authorized are identified in Table 1.

Academic Schools.

Minimum Site Size.

For Public Schools. Minimum site size shall be as required by the Superintendent of Public Instruction.

ii.

For Private Schools. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area of a private school in excess of four students, shall be determined by the approval authority.

The density shall not exceed one hundred students per one acre of ground nor shall there be more than one square foot of floor area to two square feet of ground area.

Any portion of the site which abuts upon a residential use shall be screened in such a manner as to reduce the noise generated by activities on the school grounds.

The height of any auditorium or gymnasium shall be set by the approval authority.

Airfields and Landing Strips. Private airfields associated with an agricultural or forestry operation shall be reviewed as an administrative special use permit. Other airfields shall be reviewed as a special use permit. Only military airfields are allowed within the military reservation district.

Animal-Bone Black Processing, Fat Rendering, Distillation of Bones. No specific additional standards.

3.1

Asphalt Production. Asphalt plants (hot mix or batch plants) are subject to the following provisions:

Setbacks. The emissions point source at an asphalt plant shall be separated by a distance of at least five hundred feet from public parks and public preserves, which include parks, regional trails, national wildlife refuges, state conservation areas, wild life areas, and other government owned preserves, or three hundred feet from the boundary of any residential zoning district with an existing or zoned density of greater than one dwelling unit per five acres, urban growth areas, and any residential lot less than one acre in size.

Asphalt plants are allowed in the rural resource industrial (RRI), light industrial (LI), and rural residential resource one dwelling unit per five acres (RRR1/5) zoning designations or within a permitted gravel mine located within selected zoning designations as reflected in Table 1. Existing asphalt plants located within a permitted mineral extraction use area may apply for a new special use permit when the extraction activity ceases.

The location of asphalt plants shall be consistent with the Thurston County Comprehensive Plan, which includes, but is not limited to, sub-area plans.

Prior to commencing operation, the asphalt plant operator shall provide evidence to the county that the facility has received coverage under the state's National Pollution Discharge Elimination Systems (NPDES) general permit applicable to asphalt plants, unless it provides written confirmation of an exemption from the agency with jurisdiction over such permit.

Asphalt plants shall provide necessary space to accommodate delivery trucks on the site.

Asphalt plants shall have County approved haul routes.

The source of Recycled Asphalt Pavement (RAP) shall only be from highways, roadways, runways, parking lots and shall not be from a contaminated site such as a Superfund site or Model Toxic Control Act (MTCA) site. The asphalt plant operator shall provide semiannual reports to the county documenting the source of all recycled asphalt pavement brought to the production site.

Asphalt plants shall comply with the requirements and best management practices of the Thurston County Drainage Design and Erosion Control Manual, as amended.

Asphalt plants shall be fueled by natural gas, propane, or an alternative fuel with the same or less hazardous emissions or waste as natural gas or propane.

The operation shall obtain and maintain a solid waste permit from Thurston County environmental health for operations that recycle asphalt.

Asphalt plants shall meet all applicable requirements of Chapter 17.20 TCC, Mineral Extraction and Asphalt Production.

3.5

Athletic Facilities.

This category shall not be construed to include major sporting facilities or large indoor facilities. Facilities shall be sized to serve the local community.

Indoor facilities shall be limited to the following:

Maximum building size: four thousand five hundred square feet.

Minimum lot size: two acres.

All structures and parking areas shall be set back from adjacent residential properties a minimum of one hundred feet. The one hundred foot setback shall include sight-obscuring plantings.

Any building shall be of a design that will be compatible with the residences in the area.

Outdoor facilities shall be limited as follows:

Maximum number of parking stalls: thirty. However, the approval authority shall determine if additional spaces will be needed to guarantee that all user parking will be on the premises and will be adequate for the use.

All parking areas shall be set back from adjacent residential properties a minimum of one hundred feet. The one hundred foot setback shall include sight-obscuring plantings.

Boat Launch. No specific additional standards.

4.5

Camp or Recreation Ground.

Minimum size of camp or recreation ground: two acres. Minimum camping site: one thousand square feet.

No structure or camp site shall be located closer than twenty-five feet to any adjacent lot line. At least ten feet of the buffer area shall be in sight-obscuring plantings.

Permitted improvements may include facilities for picnicking, boating, fishing, swimming, outdoor games, miniature golf courses and other sports and activities. Associated improvements and facilities shall be shown on the site plan. Such facilities shall be designed to serve only the patrons of the campground.

Such uses shall be designed for temporary occupancy.

Cemeteries.

Access to roads shall be at least two hundred feet from any intersection. A turning lane shall be provided if required by Thurston County public works department.

A protective fence and landscaped strip of evergreen trees and shrubs at least ten feet in width shall be installed on all common property boundary lines with any residential district.

Churches.

The height limitations of the pertinent use district need not be observed; however, if the height limitation of such use district is exceeded, then each side yard shall be at least equal in width to the height of the building, spires and towers excluded.

Any dwelling located in conjunction with a church shall comply with the provisions governing residential uses of the use district in which it is located.

There shall be suitable landscape screening on any church parking lot adjacent to a public right-of-way. A sight-obscuring landscape screen or pleasing high solid fence shall be provided between the church parking lot and any abutting residential use.

Church-sponsored uses requiring special use approval may be reviewed under the original special use application for the church, or as an amendment to an approved special use.

Community Center/Community Club.

Minimum lot size shall be two acres.

Maximum building size shall be four thousand five hundred square feet on parcels up to five acres.

Maximum building size shall be six thousand square feet on parcels of five acres or larger.

Maximum of one community center or community club shall be located per lot.

No community center/community club may be located closer than one thousand feet from another community center/community club.

All structures and parking areas shall be set back from adjacent residential properties a minimum of one hundred feet. The one hundred foot setback shall include sight-obscuring plantings.

The building shall be of a design that will be compatible with the residences in the area.

9.3

Composting Facilities.

Purpose. To allow facilities which import, process, package, and distribute products derived from composting yard wastes, other biosolids, and organic waste;

Standards.

Minimum lot size—twenty acres,

Maximum building site coverage—ten percent,

Minimum structural setback—one hundred feet from property line,

Direct access to the operation shall be from a collector or arterial road,

The entire composting operation must be conducted under a roof,

The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to prohibit visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve one hundred percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high require a building permit,

The operation shall meet all state noise and air quality control standards,

The operation shall obtain and maintain a solid waste permit from Thurston County environmental health.

9.5

Country Inn Design Standards.

Minimum lot size—ten acres;

Minimum structural setback (including parking area)—one hundred feet from property line;

Maximum building height—thirty feet (excluding existing structures);

When a proposed country inn for an existing structure cannot meet the required setbacks, the hearing examiner may adjust setbacks to residential standards, subject to the applicant demonstrating compatibility with the rural environment;

Existing structures are defined as structures existing at the time of adoption of this title;

Minimum distance of one country inn from another shall be three air miles but not measured over Eld, Budd or Henderson Inlets. Separation of country inns from a neighborhood convenience use shall be one to three miles based on impact (as defined in Section 20.54.040(3)(a) and (b)). An analysis of such impact shall be made part of the staff report to the hearing examiner;

Parking—one space per two table settings, one space per employee (all other requirements for parking area are located in Section 20.44.030);

Access. All country inns must take primary access off a county arterial or collector roadway;

Hours of operation—nine a.m. to ten p.m. (except for New Year's Eve);

Landscaping. Landscaping will be required where necessary to screen, buffer, and enhance residential character of neighborhood. The applicant will be required to provide a landscape plan showing how the above noted requirements will be met;

Location. Country inns in the RL 1/1 and RL 1/2 zones will only be allowed when the country inn property is located within three-fourths miles of state highway right-of-way.

10.

Day-Care Centers and Nursery Schools.

All such uses shall be located so as to have access adequate to accommodate pedestrian and vehicular traffic to and from the use as determined by the approval authority. To assist in making this determination, each applicant shall provide an estimate of the maximum expected trip generation, the distribution of these trips by mode and time of day.

When such a use is located in or adjacent to a residential district, screening in the form of plantings, walls, or fencing shall be provided of such a nature and density as determined by the approval authority.

Parking space shall be provided as follows:

If the day-care facility also serves as a private residence, a minimum of two off-street parking spaces shall be provided for the residents.

ii.

In addition, off-street parking for staff and for pickup and delivery of children shall be provided as follows:

(A)

Staff parking shall comply with Chapter 20.44.

(B)

Off-street pickup and delivery spaces shall be provided commensurate with the number of children served by the facility so that the neighborhood will not be adversely impacted or children endangered.

11.

Drive-In Theaters. No specific additional standards.

11.3

Essential Public Facilities.

The applicant shall demonstrate that the proposed use will not have any probable significant adverse impact on critical areas; lands within any long-term agriculture district, long-term forestry district, or Nisqually agricultural district; or designated mineral resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.

Major public facilities which generate substantial traffic shall be sited near major transportation corridors.

11.4

Family day care provider (as defined in Section 20.03.040(46.2).

The facility shall comply with all applicable building, fire, safety, and health codes; and business licensing requirements.

The facility shall conform to lot size, building size, setbacks, and lot coverage standards applicable to the underlying zoning district except if the structure is a legal non-conforming structure.

The facility shall be certified by the office of child care policy licensor as providing a safe passenger loading area.

Signage shall comply with Chapter 20.40 of this title.

Hours of operation shall be limited to facilitate neighborhood compatibility, while also providing an appropriate opportunity for persons who use family day care and work a nonstandard work shift.

Before obtaining a state license, proof of written notification by the provider shall be furnished to the county that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

11.5

Farm Housing (Five or More Units).

Applicant shall demonstrate that the number of requested units are needed for the efficient operation of the farm.

The farm housing units shall be located in a manner that will not negatively affect the viability of farming on the property.

11.7

Farm stands.

Farm stands for retail sale of agricultural products are permitted as a matter of right: meaning no land use approval is required, provided the farm stand meets the following standards:

The structure does not exceed four hundred square feet if enclosed on one or more sides, or seven hundred square feet if open on all sides, and the roofed area of the associated structure is a tent or similar membranous material.

ii.

The structure is licensed as a vehicle.

iii.

The stand may not be in place for more than six months out of the year. Wood or metal framed structures meeting all applicable Building Code requirements that do not exceed seven hundred square feet may operate year around.

iv.

Safe vehicular access and customer parking shall be provided on site, such that vehicles are not required to back onto a road right-of-way or easement.

The farm stand and associated parking shall be located outside of any road right-of-way or easement. Structures and canopies associated with a farm stand must be set back a minimum of ten feet from any road right-of-way or easement.

vi.

At least seventy-five percent of the agricultural produce displayed is grown in the Pacific Northwest. Sale of ancillary products is permitted: however, such products shall not exceed twenty-five percent of product display area.

vii.

Farm stands operated by separately owned farms are encouraged to be collocated in the same area, using shared vehicular access and parking, or stands shall be separated by a minimum of one thousand feet between access points. The director of resource stewardship may consider exceptions to this separation standard on a case by case basis. Up to three separately operated farm stands are permitted on one site, but must be separated by a minimum of twenty feet pursuant to International Fire Code requirements. Collocated farm stands may be reviewed under one application if applied for concurrently.

viii.

All other applicable state and local regulations related to public health, safety, including but not limited to food safety and general welfare shall be met.

ix.

Unless a twenty foot wide, existing, legal vehicular access is used, a new farm stand requires a Thurston County Public Works encroachment permit to provide access, or to improve an existing access from a county road.

On-site advertising signs of no more than four square feet meeting the standards of TCC Section 20.40.035 are exempt from Thurston County review and approval. Larger signs are permitted pursuant to TCC Chapter 20.40 and may require a building permit.

Farm stands for retail sale of agricultural products which exceed the size criteria contained in Section 20.54.070(11.7)(a)(i) shall be reviewed through an administrative special use permit if the following standards are met:

The roofed area or associated structure does not exceed two thousand square feet, and

ii.

The standards of 11.7(a)(iv) through (x) are met.

Farm stands for retail sale of agricultural products meeting the following standards shall be reviewed and approved by the Thurston County Hearing Examiner through a special use permit.

The roofed area or associated structure is between two thousand and one and three thousand square feet, and

ii.

The standards of 11.7(a)(iv) through (x) are met.

iii.

Farm stands larger than three thousand square feet would be reviewed as commercial operations subject to all applicable land use regulations, including underlying zoning.

12.

Feedlots. No specific additional standards.

12.2

Forest Management Activities.

The maximum cumulative building size for uses other than storage shall be four thousand square feet; and

The maximum area permitted for accessory storage uses, whether indoor or outdoor, shall be ten thousand square feet.

12.5

Garages, on Upland Lots and Within the Summit Lake Special Management Area.

Meet the setback standards of the underlying zone;

Provide buffers of native vegetation (either existing or replanted) of thirty feet along the front property line and twenty feet along the side property line, with this buffer to be located on the upland lot and not within the right-of-way; and

Be compatible in design, color, shape, landscaping and size to surrounding upland garages or residences within one-fourth mile.

13.

Golf Facilities.

Facilities shall be limited to a single eighteen-hole golf course with or without accompanying driving range.

Stand-alone driving ranges shall be considered a golf facility.

Clubhouses shall be limited to four thousand five hundred square feet.

Parking lots shall be set back from the nearest residential property a minimum of one hundred feet. The one hundred foot setback shall include sight-obscuring plantings.

14.

Greenhouses or Nurseries—Retail. No specific additional standards.

14.5

Greenhouses—Wholesale. No specific additional standards.

15.

Home-Based Industry.

Purpose. To provide for small-scale commercial or industrial activities on residential parcels, subordinate to the primary residential use, if the approval authority finds that such activities can be conducted without substantial adverse impact on the residential environment in the vicinity. The scale of the proposals to be considered through this mechanism is typically greater than could be accommodated through a home occupation permit, but less than would require an outright rezone to industrial or commercial districts.

The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of uses which the approval authority may consider:

Antique and gift shops;

ii.

Art or photography studios;

iii.

Auto repair;

iv.

Bed-and-breakfast with more than six guests;

Blacksmith shop;

vi.

Construction office;

vii.

Furniture repair or refinishing;

viii.

Pottery shop;

ix.

Real estate sales office;

Small restaurants for ten or fewer patrons;

xi.

Woodworking shop.

Standards.

The business must be owned and operated only by full-time residents of the parcel on which the proposed use is being requested.

ii.

The business may not employ more than two persons on the site at any one time who reside off the subject property.

iii.

Only those buildings or areas as specifically approved by the approval authority may be utilized in the conduct of the business.

iv.

Any new building constructed to house the home-based industry shall be limited in scale so that it is in character with neighboring properties. In no case shall more than four thousand square feet of total building area on the property be devoted to the home-based industry.

Any business requiring customers to visit the site shall provide a minimum of three on-site parking spaces in addition to one each for full-time equivalent employees who reside off the subject property and two for the owners of the subject property.

vi.

All activity related to the conduct of the business or industry shall be conducted within an enclosed structure, except that vehicles used in the business may be stored openly as approved on the site plan.

vii.

The approval authority may attach additional conditions or requirements or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public.

viii.

The scale of the proposed use shall be limited in nature.

ix.

The granting of the proposed use shall not, in effect, constitute a rezone.

(1)

Direct access must be from a road improved at minimum to a rural gravel road under Thurston County Road Design Standards, Appendix 6-A. Exception: If the estimated traffic generated by the home based industry, in addition to existing traffic, exceeds one hundred sixty trips per day total, or in the opinion of the Director of Thurston County Public Works, will likely cause significant hazards or cause significant damage to said road, a paved road built to Thurston County Road Design Standards is required.

(2)

If located on a private road, documentation demonstrating that the applicant is a party to a road maintenance agreement shall be provided. The road maintenance agreement shall be recorded with the Thurston County Auditor and, at minimum, contain the following information.

(A)

The name of the applicant, a notarized signature of all parties to the agreement, as well as the subject property address, parcel number, legal description, and Thurston County project number if applicable:

(B)

A description of the physical limits of the agreement that, at minimum, provides for maintenance of the road from the property line of the applicant to the nearest county maintained road or state highway and shall also contain the following language:

"Thurston County has no responsibility to build, improve, maintain or otherwise service the private road described herein. The building, maintenance, repair, improvement, operation or services on the storm water facilities outside County rights-of-way are the responsibility of the property owner(s)."

"The parties hereby agree on behalf of themselves, their heirs, personal representatives, successors, and assigns, to maintain said road for the life of the project and to perform repairs so as to maintain the road in a good and safe condition in accordance with the standards set forth herein unless said maintenance is taken over by the county, a special district, other governmental agency, or a recorded private road maintenance association."

"In the event that the property owner, their agent, customer, business or professional invitee causes damages to the road other than ordinary wear and tear, said property owner shall be required to repair such damage and bear the cost thereof exclusively."

The terms "maintenance" and "repair" shall include, but are not limited to, repairing the road surface, adding gravel, filling pot holes, clearing obstructions, grading or scraping the road as necessary, cleaning or recutting ditches as necessary, trimming brush along the roadside, removing snow, unplugging or opening culverts or drainpipes, and performing any and all other necessary work required to maintain the road in a condition that will allow for reasonable and safe access of standard passenger vehicles.

Failure of an applicant to adhere to the requirements of this road maintenance agreement may result in permit revocation or other enforcement actions.

xi.

No off-site signage is permitted.

xii.

No business may provide drive-through services.

xiii.

No outside storage of equipment or materials shall be permitted unless screened or fenced so as to not be visible from streets and neighboring properties.

xiv.

No expansions of the approved home-based industry are permitted.

16.

Home Occupations.

Home occupations are subordinate to the primary residential use and are permitted in any dwelling unit and include, but are not necessarily limited to, the following:

Artists and sculptors;

ii.

Authors and composers;

iii.

Dressmakers, seamstresses and tailors;

iv.

Home crafts, such as model making, rug weaving, lapidary work, woodworking and ceramics;

Office facility of a minister, rabbi, priest or other similar person associated with a religious organization;

vi.

Office facility of a salesman, sales representative or manufacturer's representative, architect, artist, broker, dentist, physician, engineer, urban planner, landscape architect, public relations practitioner, instructor in arts and crafts, insurance agent, land surveyor, lawyer, musician, real estate agent or typist;

vii.

Classes of specialized instruction;

viii.

Barbershops and beauty parlors;

ix.

Bed-and-breakfast with no more than six guests;

Kennels housing four to ten dogs with the following standards:

(A)

Dogs which are let outside unleashed shall be kept in a fenced enclosure.

(B)

The setback standards in Section 20.07.030 for animals housed inside a structure shall apply.

(C)

Visual screening, increased setback, increased lot size, and other conditions may be required taking into account safety, noise and odor factors.

(D)

Kennels within the McAllister geologically sensitive area (MGSA) district shall be subject to a waste management plan approved by the department which minimizes the risk of groundwater contamination.

Permitted home occupations do not include the following:

Funeral chapel or funeral home;

ii.

Medical or dental clinic or hospital;

iii.

Riding or boarding stable;

iv.

Veterinary clinic or hospital.

Home occupations operating under the following circumstances are permitted as a matter of right (that is, they are exempt from an approval process), provided all of the other standards of this chapter are met:

No employees;

ii.

No sign;

iii.

All work is done inside the dwelling, not in any accessory buildings; and

iv.

No materials or equipment used in the home occupation are stored, altered or repaired outdoors.

In addition to the standards applicable in the zoning district in which located, all home occupations shall be subject to the following standards:

A home occupation must be conducted within a dwelling which is the bona fide residence of at least one of the persons employed in the occupation or in an accessory building thereto which is normally associated with a residential use.

ii.

No alteration to the exterior of the buildings as permitted in subsection (16)(d)(i) above shall be made which changes the character and appearance as a residential use.

iii.

No outside storage of equipment or materials shall be permitted unless screened or fenced so as to not be visible from streets and neighboring properties. Up to four cords of wood may be stored outdoors in the case of persons engaged in a home occupation of selling firewood.

iv.

No more than two persons at any one time other than a member of the immediate family occupying such dwelling shall be employed.

No special use may generate noise at the property line in excess of twenty continuous minutes for the maximum total of one hour per day if the noise is so loud as to be annoying.

vi.

If the occupation is the type in which classes are held or instruction given, there shall be no more than four students allowed in any one class or instruction period.

vii.

Only those buildings or areas as specifically approved by the approval authority may be utilized in the conduct of the business.

viii.

Any new construction to house the home occupation shall be limited in scale so that it is in character with neighboring properties. In no case shall more than one thousand square feet of total building area on the property be devoted to the home occupation.

ix.

All activity related to the conduct of the business shall be conducted within an enclosed structure except that vehicles used in the business may be stored openly as approved on the site plan.

The approval authority may attach additional conditions or requirements or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public.

xi.

(1)

(2)

xii.

No off-site signage is permitted.

xiii.

No expansions of approved home occupations are permitted.

17.

Hospitals.

Minimum lot size shall be five acres;

Minimum front yard of fifty feet, measured from property line;

Minimum side or rear yard of fifty feet, measured from property line;

Maximum height shall be as determined by the approval authority;

Maximum lot coverage shall be fifty percent.

17.5

Jails.

General Requirements. Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

Location.

Jail sites shall not be located closer than five hundred feet from the boundary of a district in which the use is not allowed as a special use.

ii.

Jail sites shall be located at least one mile from any school and any site for which a special use application for a school has been submitted.

iii.

Jails shall be located such that law enforcement officers can respond to a call for assistance within five minutes under typical conditions.

iv.

Advance life support service, as defined in RCW 18.73.030(19), must be available within five minutes under typical conditions.

The hearing examiner may lessen standards in subsections (17.5)(b)(i) and (ii) above if, in his or her opinion, a water body, freeway, or other barrier provides separation as effective as these standards.

Security. The applicant shall submit a proposed security plan which, at a minimum, is consistent with applicable American Corrections Association security standards. This plan shall identify staffing levels and scheduling, building security, an escape search plan, and provisions for immediate public notification of escapes.

Design.

Size. Jails with a capacity for two hundred inmates shall be located on a site of at least fifteen acres. Jail sites shall contain an additional four acres for each additional fifty bed increase in capacity above this threshold.

ii.

Landscaping/Buffers.

(A)

(B)

The applicant shall install an eight-foot high fence in character with the neighborhood between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

(C)

Barbed wire topped fencing shall not be visible from public rights-of-way.

(D)

Outdoor activity areas located in residential districts shall not be visible from public rights-of-way or adjacent properties.

iii.

Noise. The hearing examiner may require conditions to minimize potential noise impacts including, but not limited to, altering the location of outdoor use areas and noise generating facilities, and installation of noise reducing elements such as walls, berms, and landscaping.

iv.

Lighting. Site lighting shall not produce levels of illumination or glare that would pose a nuisance or hazard for motorists on public rights-of-way or constitute a nuisance for occupants of adjacent properties.

Access. Jails shall have direct access to an arterial or collector unless the hearing examiner determines that access via a lesser classification of street would not be detrimental to neighborhood character and would not increase public safety risks.

18.

Junk Yards—Wrecking Yards.

Fencing. All operations shall be entirely enclosed by a solid fence or wall, at least eight feet high constructed of plank boards, brick, cinder blocks, concrete, or a totally sight-obscuring natural screen, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color and in harmony with the surrounding neighborhood.

The contents of junk or automobile wrecking yards shall not be placed or deposited to a greater height of the fence or wall prescribed in this section.

Provision shall be made for control and treatment of runoff.

Junk yards and wrecking yards shall obtain and maintain a solid waste permit from Thurston County environmental health.

18.5

Juvenile Detention Facilities.

General Requirements. Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

Location.

Rural Areas.

(A)

Sites accommodating juvenile detention facilities shall not be located closer than one thousand feet from the boundary of a district in which the use is not allowed as a special use.

(B)

Sites accommodating people convicted of violent crimes shall be located at least one-half mile from residential districts with an allowable density of one unit per two acres or greater.

(C)

Sites accommodating juvenile detention facilities shall be located at least one mile from any school and any site for which a special use application for a school has been submitted.

(D)

Juvenile detention facilities shall be located such that outside law enforcement officers can respond to a call for assistance within five minutes under typical conditions.

(E)

Advance life support service, as defined in RCW 18.73.030(19), must be available within five minutes under typical conditions.

(F)

The hearing examiner may lessen standards in subsections (18.5)(b)(i)(A), (B) and (C) of this section if, in his or her opinion, a water body, freeway, or other barrier provides separation as effective as these standards.

ii.

Urban Growth Areas.

(A)

Buildings accommodating juvenile detention facilities shall not be located closer than two hundred feet from the boundary of a district in which the use is not allowed as a special use.

(B)

Juvenile facilities shall be located such that outside law enforcement officers can respond to a call for assistance within five minutes under typical conditions.

(C)

Advance life support service, as defined in RCW 18.73.030(19), must be available with five minutes under typical conditions.

Security.

For county juvenile detention facilities, the applicant shall submit a security plan, reviewed by the sheriff, which, at a minimum is in compliance with applicable American Corrections Association's security standards for juvenile detention facilities. This plan shall identify staffing levels and scheduling, building security, an escape search plan, and provisions for immediate public notification of escapes.

ii.

For state juvenile correctional facilities, the applicant will annually advise the sheriff of the current staffing levels and scheduling. The current escape search plan and provisions for immediate public notification of escapes will also be provided. The facility will be operated in compliance with Juvenile Rehabilitation Administration standards and applicable state and local regulations.

Design.

Size. Juvenile detention facilities with capacity for up to seventy-five inmates shall be located on a site of at least five acres. Sites shall contain an additional four acres for each additional fifty bed increase in capacity above this threshold.

ii.

Setbacks. The facility shall be set back at least seventy-five feet from public rights-of-way and property lines.

iii.

Landscaping/Buffers.

(A)

The applicant shall submit a binding landscaping plan which serves to maintain or enhance the character of the area without jeopardizing security. This plan shall incorporate a landscaped buffer along public rights-of-way. The type and size of the required landscape buffer shall reflect the security needs of the facility and mitigate aesthetic and other impacts on surrounding properties.

(B)

(C)

Barbed wire topped fencing shall not be visible from public rights-of-way or adjacent properties, unless such fencing existed prior to the effective date of this title.

(D)

Outdoor activity areas located in residential districts shall not be visible from public rights-of-way or adjacent properties.

iv.

vi.

Access. Juvenile detention facilities shall have direct access to an arterial or collector unless the hearing examiner determines that access via a lesser classification of street would not be detrimental to neighborhood character and would not increase public safety risks.

19.

Kennels Housing Eleven or More Dogs.

If dogs are kept or let outside unleashed, they shall be kept in a fenced enclosure.

The setback standards in Section 20.07.030 for animals housed inside a structure shall apply.

Visual screening, increased setback, increased lot size and other conditions may be required by the approval authority taking into account safety, noise and odor factors.

Kennels within the McAllister Geologically Sensitive Area (MSGA) and R 1/10 districts shall be subject to a waste management plan approved by the hearing examiner which minimizes the risk of groundwater contamination.

20.

Major Energy Transmission and Generating Facilities.

These facilities are generally of a regional scope and include such uses as:

Electrical generating facilities exceeding ten megawatts in capacity;

ii.

Electrical transmission lines exceeding one hundred fifteen thousand volts;

iii.

Pipelines for (A) petroleum or petroleum products with inside diameter of six inches or over, exceeding fifteen miles in length; and (B) natural gas, synthetic natural gas or liquid propane gas with inside diameter of fourteen inches or over, exceeding fifteen miles in length;

iv.

Refineries with capacity exceeding twenty-five thousand barrels per day;

Liquid natural gas ports exceeding one hundred by one hundred six standard cubic feet per day;

vi.

Petroleum and liquid propane gas ports exceeding fifty by one hundred three barrels per day;

vii.

Underground gas storage facilities with capabilities exceeding one hundred by one hundred six standard cubic feet per day;

viii.

Other energy facilities as provided under definitions (Chapter 20.03).

The need for the particular location proposed shall be demonstrated by the applicant to the satisfaction of the approval authority, including a full accounting of alternative locations and sites.

The physical and economic impacts of such facilities will be evaluated, and measures to mitigate these impacts provided.

21.

Mineral Extraction. Mineral extraction (including expansions of existing conforming and legal nonconforming mines) and their accessory uses are subject to the following provisions and the provisions of Chapter 17.20 of this code, the Thurston County Mineral Extraction Code:

Accessory Uses.

The following accessory uses are allowed only when expressly permitted in a special use permit issued by the approval authority: washing, sorting or crushing of rock or gravel, concrete batching, storage or use of fuel, oil or other hazardous materials, and equipment maintenance. Limited manufacturing of concrete products from sand and gravel excavated on-site may be allowed by the department as an accessory use to a permitted concrete batching facility; provided, that retail sales of such products are prohibited. All other accessory uses are allowed only when approved after administrative review by the department.

ii.

Accessory uses are permitted only in conjunction with an existing mineral extraction operation. The permit for the accessory use expires when the SUP for the mineral extraction expires, is revoked, or when significant mineral extraction activity as defined in Section 17.20.150 ceases. Recycling of concrete is permitted as an accessory use only in conjunction with a permitted crusher and in accordance with any health department requirements.

Reports. Copies of any reports or records, except financial reports, required to be submitted to federal, state, regional or county officials or agencies pursuant to any laws or regulations shall be made available to the county upon request. Information required shall be limited to that pertaining to operations within Thurston County. The public disclosure of such information shall be governed by applicable law. The operator shall keep a record of the source of any asphalt, concrete or soils imported from off-site and stored on-site.

Application and Review Procedures. In addition to the information required in Chapter 20.60 of this code, the application to the county for a special use permit for mineral extraction shall include:

A contour map, drawn to the scale of one hundred feet to the inch and contour intervals of two feet, or at a scale and topographic interval determined to be adequate by the department. The map must show current field topography, including the location of water courses of the tract intended for the proposed operation and estimated thickness of overburden and mineral-bearing strata in the tract intended for the proposed operation;

ii.

The rehabilitation and conservation plans described in Section 17.20.140 of this code;

iii.

A list of all proposed activities anticipated or planned to occur on the site, including but not limited to the method of mineral extraction, washing, sorting, crushing, concrete batching, equipment maintenance, or any activity that could result in a potential, significant, adverse environmental impact;

iv.

A preliminary drainage plan in accordance with Chapter 15.05 of this code;

A copy of the applicant's DNR reclamation permit application, as required by RCW 78.44.080.

Bonds. In cases where rehabilitation requirements of the county exceed those of the Department of Natural Resources, a performance bond may be required in an amount to be sufficient to insure rehabilitation in accordance with the plan submitted pursuant to Section 17.20.140 of this code, subject to applicable law. With the approval of the county and for such period or periods as may be specified, the owner may be permitted to post its own bond without corporate surety.

Permit Review. Any permit issued pursuant to this chapter shall be reviewed by the approval authority no less frequently than every five years from the date of the decision to approve the permit. The approval authority shall determine the frequency of permit review. The director may authorize a reasonable fee for this review. At the time of such review, the approval authority may impose additional conditions upon the operation if the approval authority determines it is necessary to do so to meet the standards of this chapter, as amended.

Designated Mineral Lands Status. In accordance with Chapter 20.30B, an application for designation as mineral resource lands of long-term commercial significance may accompany an application for a special use permit for mineral extraction. Refer to Chapter 20.30B for requirements.

21.3

Mobile or Manufactured Home Parks (two—four Mobile/Manufactured Homes Per Lot). The provisions of Chapter 20.31 shall apply.

21.6

Mobile or Manufactured Home Parks (five or More Mobile/Manufactured Homes). The provisions of Chapter 20.31 shall apply.

22.

Neighborhood Convenience Commercial. The standards shall be the same as those in Chapter 20.22, with the addition that the maximum developed site size shall be no more than two and one-half acres and such uses shall be located at road intersections with primary access off of a designated collector or arterial.

23.

Nonprofit Institution or Workshop for Mentally or Physically Handicapped. Same standards as for commercial, business or trade school.

23.5

Nonresidential, Nonconforming use in Rural Area.

Purpose. To provide limited expansion of isolated commercial or industrial businesses, legally established on or before July 1, 1990, that may not be principally designed to serve the existing or projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Such expansion shall meet all of the standards listed below. Conversion of such uses may be considered pursuant to Section 20.56.060. This special use category applies exclusively to nonconforming uses for which a special use category does not already exist under this chapter.

Standards.

Expansion is limited to a maximum of fifty percent of the existing building square footage, or use area if no structure is involved, as of July 1, 1990, provided that all of the standards below are met.

ii.

The expansion will occur on the same lot upon which the existing use is located.

iii.

The expansion is visually compatible with the surrounding rural area.

iv.

Detrimental impacts to adjacent properties will not be increased or intensified.

The expansion does not result in a formerly small operation dominating the vicinity.

vi.

The expansion will not constitute new urban development in the rural area.

vii.

Public services and facilities are limited to those necessary to serve the isolated nonresidential use and are provided in a manner that does not permit low-density sprawl.

viii.

The design standards of the underlying zoning district and all other applicable regulations are met.

24.

Nursing or Convalescent Home. No specific additional standards.

25.

Off-Site Treatment and Storage Facilities for Hazardous Wastes and Special Incinerator Ash.

Off-site treatment and storage facilities are subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW.

Off-site treatment and storage facilities are limited to treating or storing hazardous wastes or special incinerator ash generated within Thurston County.

25.5

Parks, Trails, and Preserves.

This section applies only government-owned parks, trails, and preserves and their related facilities and to related uses proposed for these facilities that are not otherwise permitted in Chapter 20.08E.

Nighttime lighting for outdoor sports fields, courts, or along trails must be mitigated so as to shield neighboring properties from glare.

Parking facilities for more than thirty vehicles shall be screened with sight-obscuring landscaping along any adjacent property line.

Noise and traffic impacts to adjacent properties shall be mitigated.

The proposed use must be consistent with the master plan for the park, trail or preserve.

Camping and other overnight facilities must be provided with a security patrol.

26.

Petroleum Products—Processing/Storage. No specific additional standards.

27.

Plastics, Paints, Commercial Chemicals—Manufacture. No specific additional standards.

27.5

Prisons and Prerelease Facilities.

General Requirements.

The applicant shall provide verification that the proposed facility is in compliance with all applicable state and local standards and regulations.

ii.

Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

Location.

Prison and prerelease sites shall not be located closer than two miles from the boundary of a district in which the use is not allowed as a special use.

ii.

Prison and prerelease sites shall be located at least two miles from any school and any site for which a special use application for a school has been submitted.

iii.

Prisons and prerelease facilities shall be located such that law enforcement officers can respond to a call for assistance within five minutes under typical conditions.

iv.

Advance life support service, as defined in RCW 18.73.030(19), must be available within five minutes under typical conditions.

The hearing examiner may lessen standards in subsections (27.5)(b)(i) and (ii) of this section if, in his or her opinion, a water body, freeway, or other barrier provides separation as effective as these standards.

Security. The applicant shall submit a security plan, reviewed by the sheriff, which, at a minimum, is in compliance with the American Corrections Association's security standards. This plan shall identify staffing levels and scheduling, building security, an escape search plan, and provisions for immediate public notification of escapes.

Design.

Size. Prerelease facilities with a capacity for up to two hundred inmates shall require a site of at least forty acres, minimum security prisons and work camps with capacity for up to four hundred inmates shall require a site of at least eighty acres, and medium and high security prisons with capacity for up to eight hundred inmates shall require a site of at least one hundred sixty acres. All such sites shall contain an additional ten acres for each additional fifty bed increase in capacity above these thresholds.

ii.

Setbacks. Prisons and prerelease facilities shall be set back from public rights-of-way and property lines as follows:

Size	Minimum Setback
Capacity for 200 inmates	125 feet
Capacity for 201 to 400 inmates	175 feet
Capacity for 401 to 600 inmates	225 feet
Capacity for 601 to 800 inmates	275 feet
Capacity for 801+ inmates	325 feet

iii.

Landscaping/Buffers.

(A)

The applicant shall submit a binding landscaping plan which serves to maintain the character of the area without jeopardizing security.

(B)

The applicant shall install an eight-foot high fence in character with the surrounding area between the facilities and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

(C)

Outdoor activity areas shall not be visible from public rights-of-way or adjacent properties.

iv.

vi.

Access. Prisons and prerelease facilities shall have direct access to an arterial or collector unless the hearing examiner determines that access via a lesser classification of street would not be detrimental to the neighborhood character and would not increase public safety risks.

29.

Public Facilities—New or Major Additions to Existing Facility. No specific additional standards.

30.

Public Utilities—New or Major Additions to Existing Facility. There shall be no rotary converters, generating machinery or other equipment that would cause substantial noise, electrical interference or similar disturbances.

31.

(Reserved)

32.

Railroad Rights-of-Way.

Establishment and subsequent extensions of rights-of-way for tracks and passenger stations shall be regulated as special uses.

All other railroad facilities, such as switching yards, holding tracks, freight depots and shops, are prohibited in residential districts.

32.5

Recycling Processing Centers.

Purpose. To allow facilities which collect, process, store, and distribute the following recyclable materials: papers, cardboard, metal cans, glass, plastics, junk, rags, asphalt, concrete, motor vehicle oil, wood for chipping, sheet rock, tires and rubber products, and biosolids.

Standards.

Minimum Lot Size. Minimum acreage requirement for zone where use is permitted;

ii.

Maximum building site coverage—ten percent;

iii.

Minimum structural setback—thirty-five feet from all property lines;

iv.

Direct access to the operation shall be from a collector or arterial road;

The processing operation must be conducted within a building. Storage shall meet the standards of Chapter 20.34;

vi.

The operation shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve one hundred percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Fences and walls over six feet high require a building permit;

vii.

The operation shall meet all state noise and air quality control standards;

viii.

The operation shall obtain and maintain a solid waste permit from Thurston County environmental health for operations which recycle junk, rags, asphalt, concrete, motor vehicle oil, wood for chipping, sheetrock, tires and biosolids.

33.

Recreational Vehicle and Boat Storage Yards—Commercial.

A minimum of a twenty-foot landscaped buffer around the perimeter shall be required. No parking or storage of vehicles shall be allowed in the required yards or buffers.

Location on an arterial road is required.

34.

Residential Care Facilities.

Residential care facilities housing five or fewer residents, other than staff, are permitted outright in all residential districts. All other residential care facilities are special uses subject to the requirements of this chapter.

Special use approval is contingent upon obtaining and maintaining state licensing for operation of the facility. Special use approval terminates when the state license is no longer in effect. Furthermore, any increase in the number or change in the class of residents authorized by the state license terminates approval unless a new special use authorization is obtained for the new class or number of residents.

The maximum number of residents permitted in a facility is twenty, exclusive of staff.

Minimum Lot Size. For up to ten residents, exclusive of owners/operators and/or staff, minimum lot size will be twelve thousand five hundred square feet or the minimum lot size of the underlying zone, whichever is greater. For facilities with above ten residents, the minimum lot size shall be twelve thousand square feet plus one thousand square feet per additional resident, or the minimum lot size allowed in the underlying zone, whichever is greater.

Minimum Off-Street Parking. In addition to the requirements of Section 20.44.030, one space shall be required for each vehicle permanently located at the facility or operated on a daily basis in connection with the facility and one for each employee.

34.3

Resorts and Retreat Facilities.

Maximum building coverage shall be six thousand square feet on parcels between five and ten acres. Maximum building coverage shall be twenty thousand square feet on parcels larger than ten acres.

No individual building shall be larger than four thousand five hundred square feet.

Minimum lot size: five acres.

All structures and parking areas shall be set back from adjacent residential properties a minimum of one hundred feet. The one hundred foot setback shall include sight-obscuring plantings.

35.

Riding Stables, Arenas or Academies.

A lot area of not less than ten acres shall be required.

Visual screening, increased setback, increased lot size, and other conditions may be required taking into account safety, noise, and odor factors.

If the facility is to contain food service facilities or is intended to be used for exhibitions or shows, additional parking shall be provided as required.

36.

Rifle, Pistol and Archery Ranges.

The minimum lot size requirement for an outdoor rifle trap or skeet shooting or pistol range used by an organization shall be ten acres. For an outdoor archery range used by an organization, minimum lot size shall be two acres.

No structure or shooting areas associated with a shooting or firing range shall be located closer than one hundred feet to any lot line.

Other structures shall have minimum yard requirements as established in Chapter 20.25 (Arterial Commercial District).

All shooting areas shall be completely fenced.

The shooting areas shall be surrounded by an eight-foot high noise barrier in the form of an earth berm or wall, or be located in a minimal eight-foot deep depression.

In the consideration of an application for a permit, the approval authority shall take into account both safety and noise factors, and may prescribe additional conditions with respect thereto.

37.

Sawmills, Lumber/Planing Mills, Molding Plants. No specific standards.

38.

Sawmills, Large. No specific standards.

39.

Sawmills—Temporary On-Site.

Special use authorizations may be issued for a portable sawmilling operation that will operate in excess of thirty days but not to exceed six months, with no more than one, six-month extension.

Portable sawmilling operations shall be limited to timber grown on the same property.

No structure and no storage of lumber, logs and timber shall be located closer than one hundred feet to any lot line. And no structure housing or enclosing a saw shall be located closer than four hundred feet to any lot line which abuts a residential district or residentially used property.

The hours and days of operation shall be established by the approval authority, except that outside the long-term forestry district such operations shall not occur during the period from eight p.m. to eight a.m.

39.5

Secure Community Transition Facilities. The following requirements apply to secure community transition facilities.

Occupancy. No more than three people, other than staff, shall occupy a secure community transition facility. However, if the state requires the county to accommodate additional committed sex offenders, the hearing examiner may authorize up to a total of six offenders in a secure community transition facility as necessary to meet the state's minimum requirement. The request to allow increased occupancy shall be processed in accordance with the procedures of this chapter.

Separation from Other Uses. Secure community transition facilities shall be separated from other uses as follows:

Secure community transition facilities shall not be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility listed below that is in existence at the time a site is applied for. For the purposes of this standard, "within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. In evaluating alternative sites, great weight shall be given to sites that are the farthest removed from risk potential activities and facilities.

(A)

Schools (public and private) and schools sites owned by a school district or private school and planned for school development;

(B)

Licensed pre-schools;

(C)

Licensed child care homes and day care centers;

(D)

Sports fields, playgrounds and public parks;

(E)

Churches, synagogues, temples and mosques;

(F)

Recreational and community centers;

(G)

School bus stops;

(H)

Public libraries; and

(I)

Publicly dedicated trails.

ii.

Sites proposed for a secure community transition facility shall not be located within five hundred feet of a residence or a vacant residential lot. The hearing examiner may waive the five hundred-foot separation from residential lots if the applicant obtains development rights or easements that preclude the siting of a residence within five hundred feet of the proposed secure community transition facility.

The distance specified above shall be measured from the proposed location of the dwelling in the secure community transition facility to the boundary of the applicable property. (Also see subsection h).

iii.

The separation of secure community transition facilities from other uses specified in subsections (b)(i) and (ii) above may be reduced to the extent waterbodies, bluffs, freeways or similar barrier effectively preclude access from the proposed secure community transition facility to the uses identified in those subsections.

Preferred Locations.

Where alternative sites are available for siting a secure community transition facility, preference shall be given to sites in the following districts, in descending order of priority: long-term forestry district, military reservation, industrial districts, and commercial districts. Prior to approving a site in a lower priority district, the applicant must demonstrate that sites are not available in all of the higher priority districts, or that the proposed site would pose less of a public safety risk than alternative sites in the priority districts.

ii.

Secure community transition facilities shall not be located in a Rural Residential-One Unit per Five Acres (RR 1/5) District, Rural Residential/Resource-One Unit per Five Acres (RRR 1/5) District, Rural-One Dwelling Unit per Twenty Acres (R 1/20) District, Rural-One Dwelling Unit per Ten Acres District (R 1/10), or Urban Reserve-One Dwelling Unit per Five Acres District (UR 1/5) unless the hearing examiner determines that a proposed site in one of these districts would pose less of a public safety risk than alternative sites, or the applicant demonstrates that no site meeting the requirements contained in this section is available in other zoning districts.

iii.

When considering and balancing siting criteria for secure community transition facilities, the greatest weight shall be given to public safety. The siting of secure community transition facilities shall take into account equitable distribution consistent with Chapter 71.09 RCW. However, the hearing examiner may approve a secure community transition facility in the vicinity of a similar use if s/he determines that it is in the public interest (such as in nonresidential districts where the facility would pose relatively low public safety risks and impact relatively few county residents) and is consistent with the provisions of this chapter.

Zoning Overlay. An overlay zoning designation shall be applied to the area surrounding any approved secure community transition facility site which precludes the uses listed in subsection (b)(i) above within one-fourth mile of the approved site, except as provided for by subsection (b)(iii).

Staffing and Security Measures.

As a condition of approval, the applicant shall be required to enter into a contract with the county specifying the secure community transition facility's staffing, security measures, escape search plan and escape notification procedures.

ii.

The applicant shall submit as part of the application the staffing plan and a general security plan for the proposed secure community transition facility. The general security plan shall indicate the types of security measures/facilities proposed for the secure community transition facility including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW, unless otherwise ordered by a court. This plan shall be forwarded to the Thurston County Sheriff for review and recommendation to the hearing examiner. The security plan made part of the public record shall not be in such detail that security of the facility would be compromised.

iii.

The applicant shall submit as part of the application procedures for immediate public notification of escapes. This notification procedure shall be submitted to the Thurston County Sheriff for review and recommendation to the hearing examiner.

iv.

The applicant shall install an eight-foot high fence, in character with the surrounding area, between the facility and all property boundaries. The hearing examiner may waive or lessen this requirement if s/he determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

The facility shall have a backup power source.

vi.

The staffing plan shall provide for a minimum staffing ratio of one staff per resident during waking hours (e.g. 7:00 a.m. to 11:00 p.m.) and two awake staff per three residents during normal sleeping hours (e.g., 11:01 p.m. to 6:59 a.m.).

Landscaping. The applicant shall submit a landscaping plan that serves to maintain the character of the area without jeopardizing security, as determined by the hearing examiner.

Lighting. Site lighting shall not produce levels of illumination or glare that would pose a nuisance or hazard for motorists on public rights-or-way or constitute a nuisance for occupants of adjacent properties.

Reduction of standards.

In the event that it is not possible to site a facility in compliance with standards above, the applicant may request that the hearing examiner reduce the five hundred-foot separation of secure community transition facilities from residences and residential lots required by subsection (b) above as necessary to enable siting of a secure community transition facility in the County. The burden shall be on the applicant to demonstrate that no site is available meeting the requirements of this chapter absent such a reduction.

The applicant shall identify the areas that would become available for siting the proposed facility through the proposed relaxation of the standard. The applicant shall provide evidence that the proposed site provides the greatest separation from the uses listed in subsection (b) above and the shortest law enforcement response time of the available alternative sites, or that it poses the least risk to public safety of the available sites.

Following a public hearing, the hearing examiner may reduce the standards in subsection (b) above to the minimum extent necessary to provide an opportunity for siting a secure community transition facility.

ii.

Requests for reduction in siting standards specified in subsection (b) above shall be processed per TCC 2.06. Notice of the request shall be given in the manner required by TCC 20.60.020(3).

40.

Slaughterhouses. No specific additional standards.

41.

Solid Waste Disposal.

The following types of solid waste handling and disposal sites shall be allowed:

Sanitary landfills;

ii.

Transfer Stations. Fixed, supplemental, collection/transportation disposal facilities, used by persons and route collection vehicles to deposit solid wastes into a larger vehicle for transport to the disposal site; this does not include a detachable container used for consolidation of the solid wastes from individuals in rural or small town populations;

iii.

Construction and demolition waste disposal sites, defined as a type of solid waste site that specifically accepts only the wastes and debris generated from the construction, alteration or demolition of buildings. Types of wastes acceptable for such sites shall include, but not be limited to, lumber, roofing, building scraps, rubble, broken concrete, bricks, asphalt, plaster, sheetrock, conduit, pipe, wire, insulation and glass.

Performance Standards.

Screening. The disposal site or handling facility shall be surrounded by a sight-obscuring fence, vegetation, berm or other screening.

ii.

Access.

(A)

Each application for a special use must be accompanied by a letter from the county engineer and/or appropriate city engineer stating that the proposed access to the site is adequate considering traffic safety and existing street conditions.

(B)

Immediate access should not be through residential areas unless the approval authority finds that the public health, safety and general welfare would not be unduly affected thereby.

(C)

Access to construction and demolition waste disposal sites shall be limited to the disposal site operators, municipal garbage and refuse collection agencies, private garbage and refuse haulers franchised by the Washington State Utilities and Transportation Commission and building contractors. The general public shall not have access to construction and demolition waste disposal sites.

41.5

Temporary Uses.

Permitted Temporary. Uses. The following temporary uses are permitted as a matter of right and are exempt from an approval process provided that the requirements in subsection (d) below are met.

Garage or yard sales conducted on the premises of a residential dwelling;

ii.

Rummage sales, outdoor sales and other fundraising activities sponsored by schools, places of worship or other nonprofit organizations. Such uses shall not occur on a site for more than thirty days in any one calendar year;

iii.

Outdoor art and craft shows and exhibits on public park and/or school property;

iv.

Neighborhood association meetings or picnics on property owned by the association or its members;

One sales office for the purpose of selling lots or homes within a subdivision may be constructed on the site of a subdivision prior to final plat approval and may operate until all of the lots have been developed and sold;

vi.

Properties rented or used for personal social events, such as wedding receptions, private parties, or similar activities, not more than four times during any one calendar year;

vii.

Estate sales held on the property of the deceased;

viii.

Use of mobile homes or recreational vehicles during construction of a dwelling following issuance of a building permit, not to exceed the period of construction;

ix.

Christmas tree sales, limited to not more than forty-five days of site occupation and operation in any one calendar year;

Parking lot and other outdoor sales, limited to no more than thirty days of site occupation and operation in any one year period. Merchandise displays may only occupy parking stalls which are in excess of parking requirements;

xi.

Temporary stands for the sale of fireworks, subject to rules and regulations administered by the fire district;

xii.

Running and biking events associated with community events;

xiii.

Similar unclassified uses as determined by the department consistent with Section 20.54.070(41.5)(d).

The following temporary uses are permitted with an administrative special use permit for which the approval authority shall be the director, subject to the requirements in Section 20.54.040(41.5)(d) below, in zoning districts as shown on Table 1.

Outdoor art and craft shows and exhibits not exceeding three days and not located on public park and/or school property;

ii.

Circuses, carnivals and similar transient amusement enterprises, limited to not more than thirty days of site occupation and operation in any one calendar year;

iii.

Rummage and other outdoor sales sponsored by schools, places of worship or other nonprofit organizations occurring more than thirty days in any one calendar year;

iv.

Community events, not exceeding seven days in duration and not more than four times per year for any single property;

Overflow off-site parking, not exceeding seven days in duration and not more than four times in any one calendar year;

vi.

Auctions, not exceeding three days and held four or fewer times in any one calendar year on the site of any legally established nonresidential use;

vii.

Similar unclassified uses as determined by the department consistent with Section 20.54.070(41.5)(d).

The following temporary uses are permitted with a special use permit for which the approval authority shall be the hearing examiner, subject to the requirements in Section 20.54.070(41.5)(d) below, in zoning districts as shown on Table 1.

Outdoor art and craft shows and exhibits exceeding three days and not located on public park and/or school property;

ii.

Circuses, carnivals and similar transient amusement enterprises, more than thirty days of site occupation and operation in any one calendar year;

iii.

Community events, exceeding seven days in duration or occurring more than four times per year for any single property;

iv.

Properties rented or used for personal social events, such as wedding receptions private parties or similar activities, more than four times during any one calendar year;

Overflow off-site parking, exceeding seven days in duration or more than four times in any one calendar year;

vi.

Auctions, exceeding three days or held more than four times in any one calendar year on the site of any legally established nonresidential use;

vii.

Similar unclassified uses as determined by the department consistent with Section 20.54.070(41.5)(d).

Temporary uses are subject to the following regulations:

No temporary use shall be permitted on public rights-of-way, unless a right-of-way obstruction permit is authorized by the public works department.

ii.

Approval of temporary uses is subject to written permission of the property owner on which the use is to be located.

iii.

The applicable approval authority may apply additional conditions to any special use permit for a temporary use in order to:

(A)

Ensure compliance with the intent of the Zoning Ordinance;

(B)

Ensure that such use is not detrimental to neighboring properties and the community as a whole; and

(C)

Ensure compliance with the Uniform Building Code and Uniform Fire Code.

iv.

Within three days after termination of the special use permit for any temporary use, such use shall be abated and all structures, signs and evidence of such use removed. The county may require a cash bond be posted by the applicant upon application to defray the costs of cleanup and repair of the property should the permittee fail to do so.

Temporary use permits not exercised within one hundred eighty days of issuance shall be null and void.

vi.

Violations. In addition to any other remedy provided by this chapter, at any time when such temporary use is operated in violation of required conditions of this section, or otherwise found to constitute a nuisance, the county may revoke the temporary use permit. The permittee shall be given notice of and an opportunity to contest the revocation prior to a final determination. If, in the opinion of the department, the violation poses a life, health or safety threat, the temporary use permit may be revoked immediately, and the permittee shall be given the opportunity to request reconsideration and/or appeal.

42.

Travel Trailer Parks and Commercial Campgrounds.

Minimum size of campground or park: two acres. Minimum camping site: one thousand square feet;

No structure or camp site shall be located closer than ten feet to any lot line. At least ten feet of the buffer area shall be in sight-obscuring planting;

Permitted improvements may include facilities for picnicking, boating, fishing, swimming, outdoor games, miniature golf courses, or any mechanical amusement device, and other sports and activities. Associated improvements and facilities shall be shown on the site plan. Such facilities shall be designed to serve only the patrons of the campground;

Such uses shall be designed for temporary occupancy, for up to six months, not permanent occupancy, as distinguished from a mobile/manufactured home park.

43.

Veterinary Clinics or Hospitals.

Current construction and maintenance standards of the American Animal Hospital Association shall apply at all times.

Boarding and grooming of animals, other than that incidental to medical and surgical care, shall be prohibited.

Off-street parking requirements including screening shall be the same as those for medical and dental offices as in Chapter 20.44 (Parking and Loading) and Section 20.45.040, in Ch. 20.45 (Landscaping and Screening).

Setbacks shall be as provided in Section 20.25.040(5) (arterial commercial district).

44.3

Wireless Communication Facilities (WCFs)/Antenna Support Structures (Including Radio and Television Towers). See Chapter 20.33.

44.6

Wireless Communication Facilities (WCFs)/Antenna Support Structures—Freestanding (Including Radio and Television Towers). See Chapter 20.33.

44.8

WCF/Antenna Support Structures—Remote Freestanding (Including Radio and Television Towers). See Chapter 20.33.

45.

Work Release Facilities.

General Requirements.

The applicant shall provide verification from the Department of Corrections (DOC) that the proposed facility is in compliance with DOC standards and applicable state and local regulations.

ii.

The site must be accessible by public transportation or an alternative transportation program, approved by the hearing examiner, must be provided to serve the needs of the facility's occupants.

iii.

Adequate sewage disposal facilities and water must be provided without diminishing the level of service for system users or others dependent upon the resource.

Location.

Work release facilities shall not be located closer than five hundred feet from the boundary of a district in which the use is not allowed as a special use.

ii.

Sites accommodating people convicted of violent crimes shall be located at least one-half mile from residential districts with an allowable density of one unit per two acres or greater.

iii.

Sites accommodating work release facilities shall be located at least one mile from any school and any site for which a special use application for a school has been submitted.

iv.

Work release facilities shall be located such that law enforcement officers can respond to a call for assistance within five minutes under typical conditions.

Advance life support service, as defined in RCW 18.73.030(19), must be available within five minutes under typical conditions.

vi.

The hearing examiner may lessen standards in subsections (45)(b)(i), (ii), and (iii) of this section if, in his or her opinion, a water body, freeway, or other barrier provides separation as effective as these standards.

Security.

The applicant shall submit a security plan, reviewed by the sheriff, which at a minimum is in compliance with applicable American Corrections Association's security standards. This plan shall identify staffing levels and scheduling, building security, monitoring programs to verify the presence of the program's participants at jobs and training programs, policies for unescorted absences, policies and penalties for violation of rules and procedures, an escape search plan, and provisions for immediate public notification of escapes and walkaways.

ii.

The applicant shall provide opportunities for community residents and local law enforcement officials to participate in decisions regarding the classification of inmates to be accommodated at the proposed facility.

Design.

Size. Work release facilities shall house no more than fifty inmates.

ii.

Setbacks. The facility shall be set back at least seventy-five feet from public rights-of-way and property lines.

iii.

Landscaping/Buffers.

(A)

(B)

The applicant shall install an eight-foot high fence in character with the neighborhood between the facility and all property boundaries, with the exception of the landscaped street frontage, which effectively screens the site from adjacent properties. The hearing examiner may waive or lessen this requirement if he/she determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.

(C)

Outdoor activity areas located in residential districts shall not be visible from public rights-of-way or adjacent properties.

iv.

vi.

Access. The proposed site shall have direct access to an arterial or collector, unless the hearing examiner determines that access via a lesser classification of street would not be detrimental to the neighborhood character and would not increase public safety risks.

(Ord. 13884 § 14, 2007; Ord. 13834 § 15, 2007; Ord. 13235 § 16, 2004; Ord. 13058 § 4, 2003; Ord. 13040 Attach. C § 9, 2003; Ord. 12807 § 3, 2002; Ord. 12463 § 20, 2001; Ord. 11867 §§ 1 (part), 13, 1998; Ord. 11804 §§ 102—104, 1998; Ord. 11398 § 3 (part), 1997: Ord. 11220 § 13, 1996; Ord. 11025 §§ 30, 31, 1995: Ord. 10893 §§ 6, 7, 1995: Ord. 10703 § 2, 1994; Ord. 10398 § 16, 1993; Ord. 10368 § 2, 1993; Ord. 10199 § 8, 1992; Ord. 9707 § 2, 1991: Ord. 9619 § 3, 1990; Ord. 9532 §§ 5, 6, 1990; Ord. 9361 §§ 2, 3, 1989; Ord. 8970 § 5, 1988: Ord. 8216 § 108 (part), 1985)

(Ord. No. 14678, § 4, 11-15-2011; Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 14782, §§ 1, 2(Att. A), § 3(Att. B), 8-14-2012)

                    
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