Chapter 17.336 — SOLID WASTE RESTRICTED (SWR) OVERLAY ZONE

The purpose of the Solid Waste Restricted (SWR) overlay zone is to address the heavy concentration of solid waste facilities in certain areas of the city. Heavy concentration of solid waste facilities leads to increased traffic congestion, air quality impacts, and hazards to human health. This overlay zone restricts the establishment or expansion of solid waste facilities in the areas where it applies. This overlay zone also stimulates the establishment of new solid waste facilities near new growth areas, so waste disposal services can more efficiently serve the increasing needs of current and future populations, without further impacting areas of the city that already contain a heavy concentration of such facilities. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The SWR designation appearing after a land use classification on the official zoning map indicates that the property is subject to the restrictions in this chapter in addition to those for the land use classification (underlying zone). The SWR designation may be applied to all areas of the city where the city council determines there exists a heavy concentration of solid waste facilities. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Except as otherwise provided in this chapter, uses permitted in the underlying zone outside of the SWR overlay zone are permitted in the SWR overlay zone. If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a use in the underlying zone outside of the SWR overlay zone, approval of the same discretionary entitlement is required to establish the use in the underlying zone within the SWR overlay zone. B. Additional prohibited uses in the SWR overlay zone. In addition to the uses prohibited in the underlying zone outside of the SWR overlay zone, new hazardous waste facilities, new solid waste landfills, and new solid waste transfer stations are prohibited within the SWR overlay zone. And, except as provided in subsection C below, no existing hazardous waste facility, existing solid waste landfill, or existing solid waste transfer station within the SWR overlay zone may be modified, expanded, or otherwise altered.

C. Modification, expansion, or alteration of existing facilities.

1. Notwithstanding subsection B of this section, the planning and design commission may approve a conditional use permit modification to modify the conditions of operation of an existing hazardous waste facility, solid waste landfill or solid waste transfer station located within the SWR overlay zone. However, the planning and design commission has no authority to approve an increase in the tonnage, volume, or other capacity restriction, and no variance shall be approved to authorize such an increase.

2. Notwithstanding subsection B, the planning and design commission may approve a conditional use permit or conditional use permit modification to expand an existing inert landfill or existing Class III landfill facility that is within or immediately adjacent to the SWR overlay zone, into adjacent property that is within the SWR overlay zone. However, other than an increase in the overall tonnage and volume of solid waste associated with the use of the expansion area, the planning and design commission has no authority to approve an increase in the daily tonnage, volume, or other capacity restriction, and no variance shall be approved to authorize such an increase. The purpose of this provision is to allow existing inert and Class III landfills in or immediately adjacent to the SWR overlay zone to

expand the area in which they may deposit fill, while prohibiting any increase in the tonnage, volume, or other capacity restriction. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Except as provided in subsection B of this section, chapter 17.232 applies to nonconforming uses within the SWR overlay zone.

B. Exception. The nonconforming use regulations of chapter 17.232 are not applicable or available to any hazardous waste facility, solid waste landfill, or solid waste transfer station lawfully established and existing within the SWR overlay zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)