HomeMy WebLinkAboutCOW 2010-04-26 Item 5E.3 - Resolution - Noise Fee ScheduleCAS NUMBER: 10-048
AGENDA ITEM TITLE Noise Regulations
Fund Source:
Comments:
I MTG. DATE
I 04/26/10
EXPENDITURE REQUIRED
$0
MTG. DATE
04/26/10
COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
Iv!eeting Date Prepared by Mayors review ouncil review
04/26/10 KAS L I i— i e.
05/03/10 KAS
I
ITEM LNFORMATIO
I ORIGINAL AGENDA DATE: APRIL 26, 2010
CATEGORY Discussion Motion Resolution Ordinance ❑BidAward Public Hearing Other
Mtg Date 04/26/10 Mtg Date Mtg Date 05/03/10 Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD n Finance Fire Legal P&R Police PWI
SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise will be conducted
SUMMARY on 4/26/10.
The Council is being asked to consider and approve an ordinance updating regulations
related to noise; an ordinance amending the Zoning Code to reflect changes based on new
noise regulations; and one resolution setting a fee schedule.
REVIEWED BY (l COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm. I Planning Comm.
DA'Z'E: 04/12/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
Transportation Cmte
APPROPRIATION REQUIRED
$0 $0
ATTACHMENTS
Informational Memorandum dated 4/26/10
Noise Ordinance Matrix
Ordinance updating Noise Regulations in draft form
Ordinance amending the Zoning Code in draft form
Resolution establishing a fee schedule in draft form
Minutes from the Community Affairs and Parks Committee meeting of 04/12/10
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124
TO:
DISCUSSION
City of Tukwila
Mayor Haggerton
Committee of the Whole
FROM: David Haynes, Chief of Police
INFORMATIONAL MEMORANDUM
Jack Pace, Director, Department of Community Development
DATE: April 26, 2010
SUBJECT: Draft Noise Ordinance
ISSUE
Should the City update its noise ordinance?
BACKGROUND
Jim Haggerton, Mayor
The current noise ordinance was amended in 2002. The City's noise ordinance is
confusing and difficult to enforce. Enforcement of noise regulations for public
disturbance noises is difficult or impractical if the use of a noise measuring device is
required. The variance process is time consuming, costly to the City, and frequently
does not affect the outcome. In 2006, the Director of DCD wrote rules for processing
noise variance requests, as allowed by the noise code. These rules for processing
variance requests need to be revised and codified. There is no record of Department of
Ecology approval for the existing noise code.
The draft ordinance and fee schedule was presented to the Community Affairs and
Parks committee on April 12, 2010 with a recommendation to forward to the Committee
of the Whole for a public hearing on April 26, 2010. The committee also requested staff
bring forward options for administering residential party variances.
The noise code contains regulations that are administered by the Police Department
and the Department of Community Development. The DCD Director issues variances
and fields citizen complaints during the day; the Chief of Police is charged with
enforcing the noise complaint sections of the code. Included with this staff report is a
matrix comparing the current code with the new proposal. Outlined below is more
information about the proposed changes.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 e Phone 206 -431 -3670 Fax: 206-431-3665
1
Definitions (8.22.020): There are several new definitions and terms included in the new
ordinance:
1 Administrator DCD Director, Police Chief, or designees including the Hearing
Examiner. The addition of "designees" gives the City flexibility and allows code
enforcement to assist police with chronic offenses under a notice and order process.
Specifying the Hearing Examiner clarifies that some noise code violations may
proceed along that enforcement path.
2 Commercial music music originating from or in connection with the operation of
any commercial establishment or enterprise. Noise from commercial music that is
plainly audible at a distance of 50 feet from the property line is a violation of this
code.
3. Noise Sensitive Unit a residence, school, church, hospital, or public library.
Property in an industrial or commercial zone is not a noise sensitive unit unless it is
occupied or used as a residence, school, church, hospital or public library.
4. Plainly audible sound that can be heard. The City of Tacoma adds language to
include "comprehensible musical rhythms" and "rhythmic bass heard by someone
with "unaided hearing faculties." This language has been added to the draft code.
5. Receiving property the property within which the sound cannot be exceeded. The
City of Tacoma adds "Individual offices or dwelling units within a building may
constitute a receiving property This language allows police to enforce within an
apartment, condominium or office complex. This language has been added to the
draft code.
6. Residential party a social gathering held at a residence. Residential parties have
always been eligible to apply for a variance but the code now specifically calls them
out as a source of noise.
7. Sound Producina Source anything capable of making sounds. Examples include:
audio equipment, power tools, musical instruments, motor vehicle sound systems
audible at 50 feet from the vehicle itself, and commercial music audible at 50 feet
from the property line.
Measurement of Sound (8.22.040): Verifying nuisance or "public disturbance" noises
under our current code requires standards that are impractical or difficult to use in the
field. The proposed changes to this part of the code are significant and yet establish a
standard that is measurable and verifiable in the field without requiring anything more
than a tape measure or laser measuring tool and the ability to hear.
The new code gives two standards to measure sound and determine if a violation exists
under Maximum permissible sound levels (8.22.050):
1. It is a violation to exceed certain decibel levels based on the time of day, the zone of
the source of sound, and the zone of the receiver. This allows projects using
equipment with a known decibel level (WSDOT construction equipment for example)
to determine if a variance is needed prior to starting a project.
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2. It is also a violation to make a "plainly audible sound" from a "sound producing
source The plainly audible standard specifies distances and locations, which is
useful to police officers in the field to verify the violation. The plainly audible
standard has two components based on the zoning designation of the receiving
property:
A. In any district the following are violations:
A noise from a motor vehicle sound system at a distance of 50 feet from the
vehicle itself.
Commercial music at a distance of 50 feet from the property line of the
commercial establishment.
Any sound that is plainly audible inside a noise sensitive unit (a house,
hospital, library, church or school that is not the source of the sound) during
the nighttime hours.
B. When receiving property is in a Residential district (LDR. MDR, HDR) an
additional standard is imposed:
A noise from ANY sound producing source that can be heard at a distance of
50 feet from the exterior of the source of the sound;
Exemptions (8.22.090 8.22.110) There are sounds which are exempt at all times
aircraft in flight, safety and protective devices, emergency equipment, city- sanctioned
parades, sporting events and other public events, construction related and maintenance
noise (if the receiving property is located in a commercial or industrial district of the
City), and others.
There are sounds which are exempt only during daytime hours bells, chimes,
testing of emergency back -up generators, the firing range, construction related and
maintenance noise (if the receiving property is located in a residential zone) and others.
Variances (8.22.120): The new code allows for notice only to those tenants affected by
the noise, only when the noise is in excess of 30 days, and to a 500' area. The code
also allows provisions for the Director to require additional noticing and mitigation in
order to grant the variance.
Variances will be processed based on the length of time the noise will be created:
Variances less than 30 days are approved by the Director and will not require
public notice as permitted in the WAC.
Variances for 31 -60 days of noise are also approved by the Director and will
include public notice and an opportunity to comment prior to granting the
variance.
Variances for noise in excess of 60 days will require public notice and a public
hearing before the Hearing Examiner.
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At the CAP meeting, council requested additional options for granting variances for
residential parties. Committee members were concerned that residential parties could
be granted a variance but that controls were not in place to prevent noise disturbances
caused by permitted parties. Concerns were raised over allowing parties without
restrictions on time or volume, the criteria for granting a variance, and potential lack of
notice to neighboring properties that the party would be occurring.
While the new code specifically lists residential, parties as a source of noise, the ability
to seek and /or obtain a variance for a residential party is no different in the new versus
the old code. If a variance is granted, however, the new code allows the Director to
apply conditions specific to the variance request such as restrictions on time or volume
and requiring notice to surrounding properties.
The City has no record of anyone trying to obtain a variance for a residential party. The
problem with parties is not that variances permit too much noise but that noise violations
are not enforceable. With the new noise code, the Police Department will be able to
more effectively verify noise violations and issue citations. Enforcing the noise code
could lead to residents seeking noise variances for residential parties, however the new
fee for a variance may deter residents from seeking one.
Staff is offering three options for consideration to address the Committee's concerns.
Option A: Adopt the new noise code with the modification as shown.
1. Residential party variances require the applicant to notify neighboring properties
within a 500 foot radius prior to the variance being granted.
2. A noise variance for a party is not a free pass to make as much noise as one likes.
The limitations would be spelled out in the decision and violations of these limitations
could still result in a citation being issued.
Option B: Revise the code so that variances for residential parties are not permitted.
1. Criteria would need to be written that would allow an application for a variance permit
but conditions would be applied that would prevent a resident from gaining any noise
allowances for sounds generated by a party. The City of Bellevue offers a version of
this solution. They require a "Sound Amplification Permit" for amplified sound but
the sound cannot exceed the maximum permissible sound levels allowed in a non
amplified situation.
Option C: Establish a party permit to be administered by the Police Department.
1. Party permits are fairly common in other states, especially in college towns.
2. Requirements could include:
a. A party permit is valid until 12- midnight on weekends and holidays and 10 PM
on all other nights.
b. Only a maximum of 4 hours of noise /music is allowed.
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c. The applicant would have to notify all commercial and residential units within
500 feet at least 48 hours of the event.
d. The permit wouldn't have an allowable decibel level. Instead, noise from the
event could not be plainly audible 400 feet away.
e. The proposal would prohibit multiple permits for similar locations and times
and multiple permits within 90 days.
f. There must be no history of chronic noise violations.
3. The party permit could have other restrictions not related to noise such as parking
requirements, limits on the number of attendees, limits on who attends (invited
guests only, no fees may be charged)
4. A party permit would not be a free pass to make as much noise as one likes. The
limitations could be spelled out in the code and violations of these limitations could
still result in a citation being issued.
Violation Penalty section (8.22.150). At the request of the Police Department, changes
have been made to the Violation Penalty section. Violations have been changed from
misdemeanors to civil penalties for the first two offenses. Third and subsequent
violations are misdemeanors. There is also a provision to suspend or revoke city
issued permits and /or licenses for the site if two civil penalties have been issued within
a one -year period. The section also clarifies that owners, tenants and others are jointly
and severally responsible for compliance.
RECOMMENDATION
Staff recommends addressing the concern of noise from residential parties by adopting
the code with the condition that all residential party variances require notification of
neighboring properties within 500 feet. This change is shown in the strikethrough
version of the ordinance before you tonight.
If the Council agrees, staff recommends modifying the ordinance to reflect the
residential party variance notification requirements and presenting the changes for
adoption at the May 3, 2010 regular meeting along with the revisions to the Title 18
Ordinance, and the draft fee resolution at the May 3, 2010 regular meeting.
Attachments:
Noise Ordinance matrix
Draft Noise Ordinance
Draft Title 18 Ordinance
Draft fee resolution
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"Old Ordinance"
8.22.010 Policy Findings of Special Conditions
8.22.020 Definitions
8.22.030 Environmental Sound Levels Unlawful
Sounds
"It is unlawful for any person to cause sound, or for any
person in possession of property to permit sound
originating from such property to intrude into the real
property of another person, whenever such sound
exceeds the maximum permissible sound levels
established by this chapter."
8.22.040 Maximum permissible sound levels
Chart referencing dB levels by district
8.22.050 Modifications to Maximum Permissible
Sound Levels
8.22.060 Motor Vehicle Sound Levels Created by
Operation
8.22.070 Muffler Requirements
8.22.080 Modification of Motor Vehicles
8.22.090 Tire Noise
8.22.100 Motor Vehicle Exemptions
1. Sounds created by motor vehicles are subject to the
provisions of TMC 8.22.060 through 8.22.090 and
are exempt from the maximum permissible sound
levels of TMC 8.22.030 through 8.22.050;
2. Sounds created by any motor vehicles when the
sounds are declared public disturbance noises
pursuant to TMC 8.22.110; and
3. Sounds created by any motor vehicle operated off
public highways when the sounds are received within
a residential district of the City."
8.22.110 Public Disturbance Noises
8. Sounds from any motor vehicle audio sound
system...audible at a distance greater than 50 feet...
Noise Ordinance Matrix (TMC 8.22)
Page 1 of 4
"New Ordinance"
8.22.010 Purpose
Whereas statement addresses special conditions; new
purpose is simplified and removes the requirement to use
dB levels.
8.22.020 Definitions
Several additions and clarifications, for example:
"Affected Tenant" for noticing purposes, only those
commercial tenants who will experience the sound;
"Noise Sensitive Unit" real property such as a home,
school, or church;
"Plainly Audible" means sounds that can be heard by an
unaided human ear.
8.22.050 Maximum permissible sound levels includes the
following language: "It is a violation to produce sound in
excess of the permissible sound levels established by this
chapter"
8.22.050 Maximum permissible sound levels
Section 1. Chart referencing dB levels by district and time
of day.
Section 3. Adds an entirely new section to disallow sounds
that are plainly audible based on distance from the sound
source, district sound is received in, type of sound, and time
of day.
8.22.050 Maximum permissible sound levels
Section 2. Modifications are enumerated
Section deleted at the request of Police Department.
Requires the use of dB meter, which they do not have for
every officer.
8.22.060 Muffler requirements
No change from previous
8.22.070 Modification of motor vehicles
Minor editing for clarity. No substantive change
8.22.080 Tire noise
No change from previous
8.22.090 Motor vehicle exemptions
1. Updated TMC reference numbers.
2. Deleted references to public disturbance noise
3. "Vehicles operated off public highways" reference has
moved to 8.22.050(3)(b); added a section addressing
motor vehicle audio systems operated anywhere are
subject to the maximum permissible sound levels.
Deleted entire section. No distinction is now made between
"public disturbance" and other noises. All noises in excess
of the limits in this chapter are violations.
8.22.050 3a1 Max permissible sound levels.
131
(5) Sounds created by auxiliary equipment on motor
vehicles used for highway maintenance.
8.22.140 Sounds Exempt During Daytime Hours
8.22.150 Sounds Exempt from Nighttime
Reduction
132
8.22.120 Exempted Noises
"No sound source specifically exempted from a
maximum permissible sound level by this chapter
shall be a public disturbance noise, insofar as the
particular source is exempted."
8.22.130 Sounds Exempt at All Times
Noise Ordinance Matrix (TMC 8.22)
Deleted entire section —this section caused the greatest
problems in administering the code. Public disturbance
noises were still subject to the maximum permissible sound
levels. "Public disturbance" noises are not differentiated in
our new code.
8.22.100 Sounds exempt at all times
Edited for clarity.
Added the following (paraphrased):
(9) Sounds created by construction... when the receiving
property is commercial or industrial. This was moved from
the public disturbance section to this section with no
substantive change in the allowance.
(10) Maintenance equipment noise (lawnmowers, leaf
blowers, etc) when receiving property is in commercial or
industrial district Since the current and new code allows
construction at all times in non residential zones, it is
sensible to also allow maintenance equipment. The old code
allowed daytime residential maintenance equipment but was
silent on commercial/industrial maintenance equipment.
(11) Highway maintenance noise when the receiving property
is in Commercial or Industrial district. The next section
exempts all daytime highway construction noise.
Added language permitting the Administrator to require noise
abatement technology subject to provisions of RCW 34.05
8.22.110 Sounds Exempt during daytime hours
Edited for clarity.
Added the followina (paraphrased):
A. (6) Highway maintenance construction noise
A. (7) Testing of back up generators or other emergency
equipment. Research revealed that back -up generator
testing creates a substantially lower noise level than running
the generator. Back -up generators are located throughout
the City at every lift station, most public serve locations and
some commercial businesses. The City has no record of
ever receiving a noise complaint from generator testing.
Allowing daytime testing permits the situation that is currently
in place. Testing typically occurs monthly.
B. Same language as 8.22.100 regarding Administrator's
ability to require installation of noise abatement technology
Moved to 8.22.100
Page 2 of 4
8.22.160 Variance Procedure
A -B. Allows variances and allows the director to
promulgate rules for variances
C -D. Variance criteria based on type of variance
E. Extensions of variances (allowed for up to a year)
F. Appeals of variance decisions
8.22.170 Types of Variances
Describes variance types as 60 days or less;
variances for noise that cannot technically be
controlled; and variances for noise that are cost
prohibitive to control and require extended time to
mitigate.
8.22.180 Variances Administrator's Authority
This is additional criteria for a variance.
8.22.190 Authority of Administrator
8.22.200 Duties of Administrator
8.22.210 Measurement of Sound
8.22.220 Measurement Technical correction
8.22.230 Receiving Properties Within More Than
One District
8.22.240 Enforcement Civil
8.22.250 Right of Appeal Civil Enforcement
Timeliness
8.22.260 Appeal Procedure Civil Enforcement
8.22.270 Enforcement, Criminal Sound Level
Measurement Not Required
8.22.280 Penalties Civil and Criminal
8.22.290 Provisions Not Exclusive Public
Nuisance Declared
8.22.300 Purpose Liability
Noise Ordinance Matrix (TMC 8.22)
8.22.120 Variances (A) allows variances with minor
language change.
8.22.030 B allows the director to promulgate rules with minor
language changes.
Eliminated this section. Variance criteria is the same for all
variance types.
8.22.130 Extensions are allowed for up to the maximum
time allowed based on the type of variance originally
requested. This section also allows the administrator to
require additional conditions, studies, and noticing.
8.22.120 Variances (C) Appeals are per Title 18.
8.22.120 (H) new section allows for revocation of a variance
permit
8.22.120 Variances
B. Simplifies types of variances based on the number of
days /nights noise will exceed the permitted sound levels in a
one year period.
8.22.120 Variances (E) establishes identical criteria for
variances.
1 8.22.030 General Powers of the Administrator
Deleted entire section.
Some of the duties enumerated in the old code section
are included under 8.22.030. (Promulgating rules, issuing
violations)
Deleted references to the acquiring, training, and use of
a sound meter; assisting citizens in evaluating and
reducing noise impacts; evaluating noise components in
planning and zoning actions; instituting a public
education program on noise; reviewing the code every
three years.
8.22.040 Measurement of Sound
Added language that clarifies that the use of a sound meter
is not required to verify a noise complaint.
Deleted this section. Specifications for use of a sound meter
are included in 8.22.040.
Deleted this section.
8.22.150 Violation Penalty
Enforcement actions are referred to the City's
Enforcement chapter TMC 8.45 for procedures.
Penalty amounts are included in the ordinance, as they
are different than the penalty amounts in TMC 8.45.
Give administrator the ability to reduce monetary
penalties if the violations have been remedied.
Specifies who is responsible for the violation.
Allows City to use any other remedies provided by law.
Deleted
I 8.22.160 Liability
8.22.140 Fees for variances
Establishes a fee for each of the 3 variance types based on
similar permits in the land use fee schedule.
Page 3 of 4
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134
Director's Rules created 7/21/06. This document
provides detailed procedures including but not limited
to:
Variance Applications
Noticing
Public Meetings
Decision
Extension
These rules were never codified.
Noise Ordinance Matrix (TMC 8.22)
Incorporates and updates the Director's rules into the new
code:
8.22.150D Provides a revised list of application requirements
8.22.120B Notice is only required to go to those that will
experience the noise "affected tenant" exempts notice to
businesses not open when the variance is sought).
Otherwise, notice is per Title 18
8.22.1208 -C requires a public hearing before the Hearing
Examiner pursuant to Title 18
8.22.150G Conditions based on impacts of noise, ability to
control noise, and public comments
8.22.130 Extensions
Page 4 of 4
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO
CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING
ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the
physiological and psychological dangers of excessive noise, and to protect, promote and
preserve the public health, safety and welfare; and
WHEREAS, it is the express intent of the City Council to control the level_ of noise in a
manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose;
and the quality of the environment; and
WHEREAS, it is the express intent of the City Council that noise be prohibited when it
exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others;
and
WHEREAS, the problem of noise in the City has been investigated by the Director of
Community Development and the Chief of Police, and based on these investigations the City
Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions
exist within the City that make necessary any and all differences between this chapter and the
regulations adopted by the Department of Ecology in Chapters 173 58,173 -60 and 173 -62 WAC,
and that make necessary the provision for criminal as well as civil penalties for violation of this
chapter; and
WHEREAS, the City Council has determined that noise that travels more than 50
feet from its source disturbs the peace and repose of its citizens; and
WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or
impractical if a noise measuring device is required under every circumstance; and
WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and
WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology
for review and approval, pursuant to RCW 70.107.060;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows:
Chapter 8.22
NOISE
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Sections:
8.22.010 Purpose
8.22.020 Definitions
8.22.030 General Powers of the Administrator
8.22.040 Measurement of Sound
8.22.050 Maximum Permissible Sound Levels
8.22.060 Muffler Requirements
8.22.070 Modification of Motor Vehicles
8.22.080 Tire Noise
8.22.090 Motor Vehicle Exemptions
8.22.100 Sounds Exempt at all Times
8.22.110 Sounds Exempt During Daytime Hours
8.22.120 Variances
8.22.130 Extension
8.22.140 Fees for Variances
8.22.150 Violation Penalty
8.22.160 Liability
Page 1 of 8
135
136
Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows:
8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the
health, safety and welfare of the general public, and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially protected or
benefited by the terms of this chapter.
Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows:
8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings
set forth in this section, unless a different meaning is clearly indicated by the context in which
the term is used. Terms not defined herein shall be interpreted using the meaning they have in
common usage and to give this chapter its most reasonable application.
1. "Administrator" means the Director of Community Development, the Chief of
Police, or their designee, including the Hearing Examiner.
2. "Affected tenant" means a business located within a required public notice area
which conducts business or maintains open hours during the time period in which a noise
variance is sought. For example, businesses closed during the night are not affected tenants
when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only
and not residential tenants.
3. "Audio equipment" means compact disc players, radios, stereo systems, televisions,
video cassette recorders, mp3 players and other such devices.
4. "Commercial music" means music originating from or in connection with the
operation of any commercial establishment or enterprise.
5. "Construction" means any site preparation, assembly, erection, demolition,
substantial repair, alteration, or similar action for or of public or private rights -of -way,
structures, utilities or similar property.
6. "Daytime" means 7AM -10PM, Monday through Friday and 8AM -1OPM, Saturday,
Sunday and State recognized holidays.
7. "dB(A)" means the sound level measured in decibels, using the A- weighting
network.
8. "District" or "noise control district" means the land use zones to which the
provisions of this chapter are applied. For the purposes of this chapter:
a. "Residential district" includes zones designated as LDR, MDR and HDR;
b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC,
RCM, TUC, C /LI and TVS; and
c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H.
9. "Emergency work" means work required to restore property to a safe condition
following a public calamity, or work required to protect persons or property from an imminent
exposure to danger, or work by private or public utilities for restoring immediately necessary
utility service.
10. "Equipment" means any stationary or portable device or any part thereof capable of
generating sound.
11. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, except that farm
equipment and vehicles powered by engines of less than five horsepower shall not be included.
12. "Motor vehicle" means any vehicle that is self- propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under
RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks
are not "motor vehicles" as the term is used herein.)
13. "Motor vehicle sound systems" means audio equipment installed or used in a motor
vehicle.
14. "Muffler" means a device consisting of a series of chambers or other mechanical
designs for the purpose of receiving exhaust gas from an internal combustion engine and
designed to reduce the sound resulting therefrom.
15. "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday,
Sunday and State recognized holidays.
16. "Noise" means the intensity, duration and character of sounds from any and all
sources.
17. "Noise sensitive unit" means real property used as a residence, school, church,
hospital or public library. Property located in an industrial or commercial zone is not a noise
sensitive unit unless it meets the above criteria.
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18. "Person" means any individual, firm, association, partnership, corporation or any
other entity, public or private.
19. "Plainly audible" means sound made by a sound producing source that can be
heard by a person using their unaided hearing faculties. Plainly audible sound includes any
component of sound, including but not limited to, rhythmic bass or comprehensible musical
rhythms. It is not necessary for such person to be able to determine the title, specific words or
artist of music or the content of any speech for the sound to be considered "plainly audible."
20. "Public highway" means the entire width between the boundary lines of every way
publicly maintained by the Washington State Department of Transportation (WSDOT) or any
county or city, when any part thereof is generally for the use of the public for purposes of
vehicular travel or a matter of right.
21. "Real property" means an interest or aggregate of rights in land that is guaranteed
and protected by law; for purposes of this chapter, the term "real property" includes a
leasehold interest.
22. `Receiving property" means real property within which the maximum permissible
sound levels specified herein shall not be exceeded from sources outside such property.
Individual offices or dwelling units within a building may constitute a receiving property.
23. "Residence" means a building regularly or intermittently occupied by a person for
dwelling, lodging or sleeping purposes.
24. "Residential party" means a social gathering held in a place of residence.
25. "Sound level" means the weighted sound pressure level measured by the use of a
metering characteristic and weighted as specified in American National Standards Institute
Specifications, Section 1.4 -1971.
26. "Sound level meter" means a sound level measuring device, either Type I or Type II,
as defined by American National Standards Institute Specifications, ANSI 51.4 -1983.
27. "Sound- producing source" means anything that is capable of making sound. Sound
producing source includes, but is not limited to, the following:
a. air conditioning or heating units, heat pumps, refrigeration units (including
those mounted on vehicles) and swimming pool or hot tub pumps;
b. air horns, bells or sirens;
c. audio equipment;
d. domestic tools, including chain saws, electric drills, electric saws, hammers,
lawn mowers, leaf /snow blowers, and similar tools and devices;
e. loudspeakers or public address systems;
f. musical instruments;
g. human voice;
h. animal sounds;
i. mechanical or electrical noise;
j. vehicle engines or exhaust systems, other than regular traffic upon a highway,
road or street;
k. residential party;
1. motor vehicle sound systems; or
m. commercial music
28. "Warning device" means any device intended to provide public warning of
potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar
alarm or vehicle backup signal, but not including any fire alarm.
Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows:
8.22.030 General Powers of the Administrator.
A. Subject to the provisions of this code, the administrator may take such action as
may be necessary to abate a sound producing source that causes or may cause, by itself
or in combination with any other sound producing source or sources, an unreasonable
or prohibited noise. The administrator may exercise or delegate any of the functions,
powers and duties vested in him or her or in the department by this chapter.
B. The administrator may promulgate such rules as are necessary to effectuate the
purposes of this chapter, including but not limited to, rules setting forth specifications
for the operation, installation, best available technology, or manufacture of sound
generating equipment or devices or sound mitigation equipment or devices.
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C. The administrator may promulgate such rules as are necessary with regard to
standards and procedures to be followed in the measurement of sound pressure levels
governed by the provisions of this chapter.
D. The administrator shall have the power to issue notices of violation for violations
of this chapter.
Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows:
8.22.040 Measurement of Sound.
A. The use of a sound level meter is not required to verify a noise violation.
B. If the measurement of sound is made with a sound level meter, it shall be an instrument
in good operating condition and shall meet the requirement for a Type I or Type II instrument,
as described in American National Standards Institute Specifications, ANSI 51.4 -1983. If the
measurements are made with other instruments or assemblages of instruments, the procedure
must be carried out in such a manner that the overall accuracy shall be at least that called for
in ANSI S1.4 -1983 for Type II instruments.
Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows:
8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess
of the permissible sound levels established by this chapter.
1. No person may produce or permit to be produced sound that exceeds the following
maximum permissible sound levels when measured at or within the boundary of a receiving
property:
District of I District of
Sound Receiving Property
Producing Residential, Residential,
Source Daytime Nighttime Commercial Industrial
1 Residential 1 55 dB(A) 45 dB(A) 1 57 dB(A) 1 60 dB(A)
1 Commercial 1 57 dB(A) 47 dB(A) 1 60 dB(A) 1 65 dB(A)
1 Industrial 1 60 dB(A) 50 dB(A) I 65 dB(A) I 70 dB(A) 1
that is:
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2. At any hour of the day or night, the applicable noise limitations above may be
exceeded for any receiving property by no more than:
a. 5 dB(A) for a total of 15 minutes in any one -hour period;
b. 10 dB(A) for a total of 5 minutes in any one -hour period; or
c. 15dB(A) for a total of 1.5 minutes in any one -hour period.
3. The following also exceeds the maximum permissible sound levels:
a. In all districts of the City, no sound from a sound- producing source is permitted
1) plainly audible from a motor vehicle sound system at a distance of at least 50
feet from the vehicle itself;
2) plainly audible commercial music at a distance of at least 50 feet from the
property line of the commercial establishment; or
3) plainly audible during nighttime hours from within a noise sensitive unit of
the receiving property; and
b. When the receiving property is in a residential district, no sound from a sound
producing source is permitted that is plainly audible at a distance of at least 50 feet from the
exterior of a sound producing source, including sounds created by any motor vehicle operated
off public highways.
Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows:
8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to
permit any person to operate any motor vehicle upon the public highways that is not equipped
with a muffler in good working order and in constant operation.
Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows:
8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle
that has been modified or changed in any way or has had installed any device thereon in any
manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed
by this chapter. It is unlawful for any person to remove or render inoperative or cause to be
removed or rendered inoperative (other than for purposes of maintenance, repair or
replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the
public highway.
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Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows:
8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other such sound from the
tires in contact with the ground because of rapid acceleration or excessive speed around corners
or other such reason; provided, that sound resulting from emergency braking to avoid
imminent danger shall be exempt from this section.
Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows:
8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public
highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are
exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off
public highways and motor vehicle audio systems operated anywhere are subject to the
provisions of TMC Section 8.22.050.
Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows:
8.22.100 Sounds Exempt at all Times.
A. The following sound producing sources are exempt from the provisions of this chapter
at all times:
1. Aircraft in flight and sounds that originate at airports that are directly related to
flight operations.
2. Safety and protective devices, such as relief valves and fire alarms, where noise
suppression would defeat the intent of the device.
3. Systems used to warn the community of an imminent public danger or attack, such
as flooding, explosion or hurricane.
4. Emergency equipment activated in the interest of law enforcement, activated to
perform emergency work as defined in TMC Section 8.22.020, or activated in response to a
power outage where it is necessary to activate such equipment to preserve the health and safety
of persons or to prevent harm to property.
5. Warning devices not operated continuously for more than five minutes per incident.
6. The operation of equipment or facilities of surface carriers engaged in commerce by
railroad.
7. Natural phenomena.
8. City- sanctioned parades, sporting events and other City- sanctioned public events.
9. Sounds created by construction or the movement of construction- related materials,
including but not limited to, striking or cutting sounds from hammers, saws or equipment with
electrical or internal combustion engines emanating from temporary construction sites,
provided the receiving property is located in a commercial or industrial district of the City.
10. Sounds created by hand or powered equipment used in temporary or periodic
maintenance or repair of property, uses or structures, including but not limited to,
lawnmowers, powered hand tools, snow removal equipment, and composters, provided the
receiving property is located in a commercial or industrial district of the City.
11. Sounds created by equipment used for public highway maintenance and
construction, provided the receiving property is located in a commercial or industrial district of
the City.
12. Sounds created by existing or new electrical substations and existing or new
stationary equipment used in the conveyance of water, waste water and natural gas by a utility
are exempt from the nighttime reduction of TMC Section 8.22.050(B) only.
B. Nothing in these exemptions is intended to preclude the administrator from requiring
installation of the best available noise abatement technology consistent with economic
feasibility. The establishment of such requirement shall be subject to the provisions of RCW
34.05.
Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows:
8.22.110 Sounds Exempt During Daytime Hours.
A. The following sound producing sources are exempt from the provisions of this chapter
during daytime hours:
1. Aircraft engine testing and maintenance not related to flight operations, provided
that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
2. Bells, chimes or carillons operating for not more than five minutes in any one hour.
3. Sounds created by construction or the movement of construction- related materials,
including but not limited to, striking or cutting sounds from hammers, saws or equipment with
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140
electrical or internal combustion engines emanating from temporary construction sites,
provided the receiving property is located in a residential district of the City.
4. Sounds created by hand or powered equipment used in temporary or periodic
maintenance or repair of property, uses or structures, including but not limited to,
lawnmowers, powered hand tools, snow removal equipment, and composters, provided the
receiving property is located in a residential district of the City.
5. Sounds created by the installation or repair of essential utility services.
6. Sounds created by equipment used for public highway maintenance and
construction.
7. The testing of emergency back -up generators or other emergency equipment.
B. Sounds originating from the discharge of firearms on shooting ranges authorized under
State and local law are exempt from the provisions of this chapter between 7AM and 9PM,
Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays.
C. Nothing in these exemptions is intended to preclude the administrator from requiring
installation of the best available noise abatement technology consistent with economic
feasibility. The establishment of such requirement shall be subject to the provisions of RCW
34.04.
Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows:
8.22.120 Variances.
A. Any person who owns or operates a sound producing source may apply for a variance.
B. Application types are based on the number of days /nights the sound source will exceed
the maximum permissible sound levels as shown in the following table:
Number of days /nights
maximum permissible sound Notice of Public
level may be exceeded within Application Hearing
a 12 -month period Requirements Requirements
30 days or less
31 -60 days
More than 60 days
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Variance
Permit Type
Type 1
Administrative
Variance
Type 2
Administrative
Variance
Type 3 Mailed notice
Variance pa)
No notice No
2 2,)
Hearing
Mailed notice
(1,2)
No
Hearing
Public
Hearing
(1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that
are not affected tenants per TMC Section 8.22.020 are not required to be sent notice.
(2) The administrator shall have the discretion in unusual circ (i.e., unusual type
or intensity of noise or length of request) to require (additional) public notification procedures,
such as causing notice to be published on the City's website, mailed notice provided to a wider
geographic area, and/or notice posted at the site.
(3) In the case of residential parties and prior to granting the variance. the applicant shall
provide written notice to all residents within 500 feet of where the event is being held. Men the
500 foot radius includes multi- fanrilu cornvleres. all residents of the consoler shall be notified.
C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila
Municipal Code.
D. Applications for a variance to exceed the maximum permissible sound levels shaII
supply information, including but not limited to:
1. The nature, source, intensity and location of the sound;
2. The hours during the day and /or night the noise will occur;
3. The number of days and /or nights the noise will occur;
4. The ambient sound level during the time of day or night for which the variance is
being sought;
5. The time period for which the variance is requested;
6. The reason for which the noise violation cannot be avoided;
7. Mitigating conditions the applicant will implement to minimize the sound level
violations;
8. The name, address and means of contacting a responsible party during the hours of
operation for which the variance is requested; and
Page 6 of 8
9. Any additional information or studies regarding any aspect of the requested
variance that is deemed necessary to complete the review of the variance request.
E. No variance in the provisions or requirements of this chapter shall be authorized by the
administrator unless the administrator finds that all of the following facts and conditions exist:
1. There are exceptional or extraordinary circumstances or conditions applying to the
appellant's property or as to the intended use thereof that do not apply generally to other
properties in the same noise control district;
2. Such variance is necessary for the preservation and enjoyment of a substantial
personal or property right of the appellant, such right being possessed by the owners of other
properties in the same noise control district;
3. The authorization of such variance does not endanger public health or safety of
named persons in the same or adjacent noise control districts;
4. The granting of such variance will not adversely affect the general policy and
purpose of this act as set forth in TMC Section 8.22.010.
F. In authorizing a variance, the administrator may attach thereto such conditions
regarding noise level, duration, type and other considerations as the administrator may deem
necessary to carry out the policy and purpose of this chapter. The variance permit shall
enumerate the conditions of the variance, including but not limited to:
1. Specific dates and times for which the variance is valid;
2. Additional mitigation measures or public notice requirements as determined by the
administrator.
G. In establishing conditions on granting a variance, the administrator shall consider:
1. Whether the public health, safety or welfare is impacted;
2. The social and economic value of the activity for which the variance is sought;
3. The ability of the applicant to apply best practical noise control measures;
4. Physical conditions that create a significant financial hardship in complying with the
provisions of this chapter; and
5. Any comments received during public notice or public meeting, if provided, and
comment or lack of comment received during similar noise generating events in the past.
H. The variance permit may be revoked by the administrator and the issuance of future
variance permits withheld, if there is:
1. Violation of one or more conditions of the variance permit;
2. Material misrepresentation of fact in the variance application; or
3. Material change in any of the circumstances relied upon by the administrator in
granting the variance.
Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows:
8.22.130 Extension.
A. Variances granted pursuant to this chapter may be extended on terms and conditions
applicable to the initial granting of the variance.
B. If granted for a shorter timeframe than otherwise allowed under the permit type, the
holder of a variance permit may request one or more extensions.
C. Prior to granting an extension, the administrator shall consider any comment or Iack of
comment received during the initial variance period.
D. The administrator may request any information deemed necessary to the consideration
of the extension, including but not limited to noise monitoring reports and an updated
assessment demonstrating there are no practical means known or available for the adequate
abatement or control of the noise involved.
E. Any request for an extension shall be submitted in writing and received by the
administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days
prior to the expiration of a Type 3 variance.
F. A request for an extension does not require re- noticing or a public hearing, but may be
required by the administrator.
Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows:
8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the
variance application is filed with the City. The fees and charges shall be per the Land Use Fee
Schedule most recently adopted by the City Council. The LDR fee in the Land Use Fee Schedule
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applies when the entire district of sound source and the entire district of all receiving properties
is LDR. In all other instances, the "Other Zones" fee applies.
Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows:
8.22.150 Violation Penalty.
A. Every person, entity, firm or corporation who is determined to be in violation of this
chapter has committed a civil infraction and shall be subject to the provisions of TMC Section
8.45.050. The monetary penalties are set forth below:
1. First civil penalty, $250.00.
2. Second civil penalty, $500.00.
3. Third and subsequent violations shall be misdemeanors, the maximum penalty for
which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment.
4. At such time that two civil penalties have been assessed within a one -year period,
City- issued permits and /or licenses for the site or the site activity may be suspended or
revoked until the condition is corrected.
5. Each day that a property or person is not in compliance with the provisions of this
chapter may constitute a separate violation of this chapter.
B. The administrator may waive or reduce monetary penalties if findings are made
demonstrating that the noise violation has been remedied.
C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings,
commercial establishments, and or real estate upon which a violation of this chapter is found
shall be jointly and severally responsible for compliance with this chapter and jointly and
severally liable for any damages or costs incurred or imposed under this chapter.
D. The penalties set forth in this chapter are not exclusive. The City may avail itself of any
other remedies provided by law.
Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows:
8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be
construed to create or form the basis for any liability on the part of the City, its officers,
employees or agents for any injury or damage resulting from the failure of anyone to comply
with the provisions of this chapter, or by reason or in consequence of any inspection, notice,
order, certificate, permission or approval authorized or issued or done in connection with the
implementation or enforcement pursuant to this chapter, or by reason of any action or inaction
on the part of the City related in any manner to the enforcement of this chapter by its officers,
employees or agents.
Section 18. Repealer. Ordinance No. 2002 is hereby repealed.
Section 19. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 20. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City within five days of passage as provided by law. This ordinance
shall take effect and be in full force following review and approval by the Department of
Ecology, pursuant to RCW 70.107.060.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 8 of 8
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wrr
i L1Y
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS
CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO
CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO
REFLECT CHANGES TO TUICWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the noise code of the City of Tukwila establishes permit application types
pursuant to the Zoning Code; and
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City wishes to update these permit types to include noise variance
applications; and
WHEREAS, on April 26. 2010. the Tukwila City Council Committee of the Whole, following
adequate public notice, held a public hearing to receive testimony concerning amending the
noise code and adopted a motion recommending the proposed changes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251
(part), as codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 CIassification of Project Permit Applications
Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether public notice is required,
whether a public meeting and /or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. Type 1 decisions are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for
the appeals of those decisions.
Type 1 Decisions
TYPE OF PERMIT
Administra tive Variance for Noise 30
days or less (TMC 8.22.120)
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
Boundary Line Adjustment, including Lot
Consolidation (TMC Chapter 17.08)
I Development Permit
Minor modification to design review
approval (TMC Section 18.60.030)
Minor Modification to PRD
(TMC Section 18.46.130)
DECISION MAKER
Conmmnity Development Director
As specified by ordinance
Community Development Director
Building Official
Community Development Director
Community Development Director
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144
TYPE OF PERMIT
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
Tree Permit (TMC Chapter 18.54)
Wireless Communication Facility, Minor
(TMC Chapter 18.58)
TYPE OF PERMIT
Administrative Design Review
(TMC Section 18.60.030)
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Administrative Variance for
Noise 31 -60 days (TMC
Section 8.22.120)
Binding Site Improvement
Plan (TMC Chapter 17.16)
Cargo Container Placement
(TMC Section 18.50.060)
Code Interpretation
(TMC Section 18.90.010)
Exception from Single- Family
Design Standard (TMC Section
18.50.050)
Modification to Development
Standards (TMC Section
18.41.100)
Parking standard for use not
specified (TMC Section
18.56.100)
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Short Plat (TMC Chapter
17.12)
Sign Area Increase
(TMC Section 19.32.140)
Sign Permit Denial
(TMC Chapter 19.12)
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
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I DECISION MAKER
Community Development Director
Community Development Director
Community Development Director
2. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal
to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an
appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 2 Decisions
INITIAL DECISION
MAKER
Community Development
Director
Short Plat Committee
Community Development
Director
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
Community Development
Director
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
State Shorelines
Hearings Board
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Page 2 of 4
TYPE OF PERMIT
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
TYPE OF PERMIT
Public Hearing Design Review
(TMC Chapter 18.60)
Subdivision Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Unique Signs (TMC Section
19.28.010)
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INITIAL DECISION
MAKER
Community Development
Director
3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
Type 3 Decisions
TYPE OF PERMIT
I Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
Resolve uncertain zone district boundary
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Subdivision Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
TSO Special Permission Use (TMC
Section 18.41.060)
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Variance for Noise in excess of 60 days
(TMC Section 8.22.1201
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
4. Type 4 decisions are quasi- judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
DECISION MAKER
Hearing Examiner
Hearing Examiner
Hearing Examiner
I Hearing Examiner
I Planning
Commission
Hearing Examiner
Hearing Examiner
Hearing Examiner
J I Hearing Examiner
Hearing Examiner
Hearing Examiner
INITIAL DECISION
MAKER
Board of Architectural
Review
Planning Commission
APPEAL BODY
(open record appeal)
Hearing Examiner
APPEAL BODY
Superior Court
Superior Court
Superior Court
Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
APPEAL BODY
(closed record appeal)
Hearing Examiner
Hearing Examiner
Planning Commission Hearing Examiner
5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
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146
Type 5 Decisions
DECISION
TYPE OF PERMIT MAKER
Planned Residential Development (PRD), City Council
including Major Modifications (TMC Chapter
18.46)
Rezone (TMC Chapter 18.84) City Council
Sensitive Area Master Plan Overlay (TMC Section City Council
18.45.160)
Shoreline Environment Re- designation (Shoreline City Council
Master Program)
Subdivision Final Plat (TMC Section 17.12.030) I City Council
Unclassified Use (TMC Chapter 18.66) I City Council
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City within five days of passage as provided by law. This ordinance
shall take effect and be in full force following review and approval by the Department of
Ecology, pursuant to RCW 70.107.060.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W.\ Word Processing Ordinances \Title 18 Zoning Code Noise.doc
KS:ksn 04/07/2010
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPEAL
BODY
Superior Court
Superior Court
Superior Court
Superior Court
I Superior Court
I Superior Court
Page 4 of 4
AF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING RESOLUTION NO. 1672, LAND USE FEE
SCHEDULE, TO INCLUDE A NEW NOISE FEE SCHEDULE.
'WHEREAS, the City has adopted a revised Noise Code, pursuant to Tukwila
Municipal Code Chapter 8.22; and
WHEREAS, the City is authorized to impose fees for services rendered; and
WHEREAS, the amended fee resolution will take effect and be in full force
following review and approval by the Department of Ecology;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The following fees shall be added to the Land Use Fee Schedule:
Type
Type 1
Type 2
Type 3
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing\Resolutions \Noise Fee Schedule.docx
SM 4/7/2010
Permit Type
Noise Administrative Variance
30 days or less (TMC Section 8.22.140)
Noise Administrative Variance
31-60 days (TMC Section 8.22.140)
Noise Variance
in excess of 60 days (TMC Section 8.22.140)
LDR
Other
Zones
$400 $400
$550 $550
$1,260 $1,260
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2010.
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of I
147
148
I. PRESENTATIONS
No presentations.
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
April 12, 2010 5:00 p.m.; Conference Room #3
CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:00 p.m.
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal
Staff: Kathy Stetson, Stacy MacGregor, Mary Hulvey, Jack Pace, Evie Boykan, Bruce Linton, Mayor
Haggerton, Steve Lancaster and Kimberly Matej
Guests: Chuck Parrish
IL BUSINESS AGENDA
A. 2011 Minor Home Repair Program
Staff is seeking Council authorization to submit the 2011 Community Development BIock Grant application
to King County requesting $110,000 for the Minor Home Repair Program.
The City's application proposes to continue the Human Services Minor Home Repair Program for
Tukwila as well as the fiscal management (via self renewing interlocal agreements) of similar
programs for the cities of SeaTac, Des Moines and Covington. This year's proposal asks for additional
funding to address work with lead based paint.
As with past applications, incorporation of multiple cities into one application makes our request more
competitive against other projects. The funding for this program is not a guarantee. UNANIMOUS
APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION.
B. Interlocal Agreement between Tukwila and King County regarding Permits for the Tukwila South
Annexation Area
Staff is seeking Council approval of an interlocal agreement with King County for the processing of
building permits and land use applications that were filed with King County prior to Tukwila's annexation
of the southern most portion of the City.
There are currently four permit related items outstanding that were filed with the County prior to the City's
annexation (two land use applications, one construction permit and one code enforcement file). This
interlocal agreement will allow King County to complete outstanding actions as necessary on these
applications and/or files as well as provide continuity of permitting
In addition to the interlocal agreement, staff distributed a draft resolution at the Committee meeting which
authorizes King County to charge applicant fees as relative and appropriate for the above items.
UNANIMOUS APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION.
C. DRAFT Noise Ordinance
Staff is seeking Council approval of a draft ordinance relating to noise. Adding clarity to definitions,
enforcement and standards, this will repeal the current Noise Ordinance which was last amended in 2002.
The Committee was provided with an update on the draft ordinance last December (see CAP minutes dated
December 14, 2009). At that time, staff suggested the ordinance be separated into two sections (to improve
efficiency and enforcement); however, they have since determined that this separation did not provide the
149
150
Community Affairs Parks Committee Minutes April 12. 2010 Paae 2
most efficient means for enforcement. The draft ordinance now applies to the Department of Community
Development as well as Police.
Highlights of new definitions and enforcement regulations in the draft ordinance include:
Inclusion of commercial music (commercial establishments that produce music).
Definition of noise sensitive units (i.e.: church, school, hospital or public library).
Regulations based on plainly audible sounds which can be detected via unaided hearing, including
rhythmic bass or comprehensible musical rhythms that are difficult to measure with a noise meter
Removed reference to public disturbance noise, and refer only to noise.
A more consistent, reliable and enforceable way to measure potential sound disturbances.
Change in penalties for ordinance violations; first and second offenses are civil penalties and will
result in monetary fines, and a 3r offense is a misdemeanor. If two civil penalties have been
assessed within a one -year period, City- issued permits and/or license for the location may be
suspended or revoked until the condition is corrected.
Staff reviewed exemptions to the regulations, such as community events and sounds that happen during the
daytime hours, and explained the variance process. Variances will be administered based on the number of
days noise will be generated. Notice will now be required only when sound exceeds 30 days and only to
those tenants that will be affected by the noise.
The Committee had a lengthy discussion regarding the criteria for residential party variances including
sound limits (i.e.: time, days and distance) and notification to abutting property owners when a variance has
been granted. Staff will provide options for addressing these two concerns and the information will be
presented to Council when this item moves forward to the COW.
Staff reported that this ordinance will be sent to the Department of Ecology for review. STAFF TO
PROVIDE REQUESTED INFORMATION. FORWARD TO APRIL 26 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:49 p.m.
Next meeting: Monday, March 22, 2010 5:00 p.m. Conference Room 43
Committee Chair Approval
Mattes by KAM. Reviewed by KS.