HomeMy WebLinkAboutReg 2010-05-03 Item 6E.3 - Resolution - Amend Resolution #1672 to Include a Noise Fee ScheduleCAS NUMBER: 10-048
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
04/26/10
MTG. DATE
04/26/10
05/03/10
10 -0
Meeting Date
04/26/10
05/03/10
AGENDA ITEM TITLE Noise Regulations
COUNCIL AG ICNDA SYNOPSIS
Initials
Prepared by Mayor eview .�osena review
KAS
KAS
M INFO
1 ORIGINAL AGENDA DATE: APRIL 26, 2010
CATEGORY Discussion Motion Resolution Ordinance n Bid Award 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 Finance Fire n Legal n P &R Police Pik
A Public Hearing on an ordinance updating regulations related to noise will be conducted
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 COW Mtg. CA &P Cmte n F &S Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/12/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development Police Department
COMMFITEE unanimous Approval; Forward to Committee of the Whole
�URCF
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$0
(L lam' I
I I
RE CORD OF-`CO UNCIL_ACTION
ITEM NO.
Transportation Cmte
APPROPRIATION REQUIRED
$0
A TTACHMENTS
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
Informational Memorandum dated 4/27/10; 2 Ordinances 114esolution in final form
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City of Tukwila
TO: Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, DCD Director
David Haynes, Police Chief
DATE: April 27, 2010
SUBJECT: Noise Ordinance
ISSUE
DISCUSSION
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
After the public hearing on April 26, 2010, the Council requested additional information in response
to testimony received.
BACKGROUND
Testimony was received from WSDOT and three citizens. Points raised during the hearing are
outlined below along with staff's response.
WSDOT submitted a letter of support which included two suggestions:
1. Allow variance requests based on the amount of time noise is actually received in one
location. WSDOT typically has variance requests for noise generation along a length of
highway. Noise generation may occur for more nights than it is actually experienced at
one particular location. WSDOT would like their variances based on the nights a location
receives noise rather than the number of nights they generate noise. This is an option they
can exercise without changing the code language. For past variances (travel time signs or
bridge work are examples), WSDOT has submitted multiple short variances for each
portion of a project (each travel time sign or each bridge) to avoid the public hearing
process. They can continue to do so in the new code. Because of fees in the new code,
they may find it less expensive to go the hearing examiner route and have a year -long
variance rather than multiple Type 1 (short -term) variances, but either would be acceptable
options in the new code.
SUGGESTED ACTION: No change to code; their request is already an option in the new
code.
2. Do not provide notice to locations within the 500' buffer but outside jurisdictional
boundaries.
WSDOT seeks variances based on the location of receiving properties. Each jurisdiction
has different noticing and variance procedures. WSDOT would like to limit Tukwila noise
variances to Tukwila addresses to minimize their process and avoid duplicate or not
required mailings.
O WSDOT erroneously believes that they will be providing notice rather than the City.
Our system to generate labels does not allow querying to pull out only Tukwila
residents.
9 The 500' buffer and noticing neighboring jurisdictions is a service Tukwila provides for
all land use actions that require notice. If we were to change this, it would be a policy
decision that should apply to all land use decisions.
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INFORMATIONAL MEMO
Page 2
It is not appropriate to write code specific for WSDOT that does not apply to other
projects that require a variance and noticing is per Title 18 so it would be a privilege for
WSDOT that does not apply to other noise or land use notices.
SUGGESTED ACTION: No change to code: notice is conducted by Tukwila not the
applicant; noticing for all land use projects crosses jurisdictional boundaries.
Vanessa Zaputil expressed concern reaardina protections for residential uses in commercial or
industrial zones.
Residential uses in commercial and industrial zones are permitted outright in some mixed
use areas and are nonconforming uses in other areas; both the old and new code regulate
noise based on district rather than on use. The differences in how the current noise code
and the new noise code regulate noise follows.
Both codes:
Specify Maximum Permissible Sound levels and give options for determining
violations. It is a violation to exceed certain decibel levels based on time of day and
district designations.
Both codes exempt construction noise from temporary construction sites in
commercial and industrial districts.
Both codes exempt highway maintenance noise in commercial and industrial
districts. The old code also exempts highway maintenance noise in residential
districts.
Both codes exempt property maintenance equipment in all districts during the day.
The new code also exempts property maintenance equipment in commercial and
industrial districts during the night.
Additionally, in the new code,
It is a violation to produce non exempt plainly audible sound that can be heard from
within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit"
includes residential use in any district.
It is a violation to produce plainly audible commercial music at a distance of 50 feet
from the property line of the commercial establishment.
The only additional noise the new code allows is property maintenance equipment at night in
commercial and industrial zones. Otherwise the new code provides the same noise
exemptions and increased noise violations for noise received in commercial and industrial
districts. Additionally, in the new code under 8.22.100 (B) Sounds Exempt at all Times, even
though a noise is exempt the administrator is granted the power to require the installation of
the best available noise abatement technology subject to the provisions of RCW 34.05.
Changing the new code to provide residential units in non residential zones noise protections
akin to residential zones is not anchored to the reality that non residential zones may be
more noisy by design. Increased residential density alongside non residential uses comes
with additional positive and negative impacts. By creating residential noise protections, the
City would be inhibiting commercial and industrial uses from functioning. For example, in
commercial districts, trash collection typically occurs at night to allow trash trucks to access
sites before cars fill parking lots during the day. To place limits on the time of day these
services can be provided limits the functionality of commercial and industrial uses.
Additionally, if exemptions were removed to noise sensitive units in commercial and
industrial zones, variances would be required. Type 1 variances would continue to be
granted without notice and all variances would significantly increase staff time and applicant
expense. Finally, the City lacks the technology needed to accurately or efficiently identify
residential uses in commercial or industrial zones; to ensure accuracy, notices would need to
C:\templXPGrpWise \Noise REG staff report (5- 3- 10).doc
INFORMATIONAL MEMO
Page 3
be sent to the majority of addresses in all zones defeating the intent of streamlining the
noticing process.
SUGGESTED ACTION: No change to code: noise that is exempt between the new code
and the old code is generally the same and noise violations include more limits to non-
exempt sounds for noise sensitive units at night; the administrator is given express power to
require noise abatement; and mixed -use districts have mixed -use sounds and limiting those
sounds would limit the ability to create mixed -use environments. Staff believes that concerns
are adequately addressed without changes to the code.
Lynn Peterson expressed concern regarding specifying a measurement (50 feet) beyond which a
sound that could be heard would be considered a violation. He believes the use of a decibel meter
is a better method of determining a violation.
The changes to the nuisance section of the noise ordinance to specify a distance was done
precisely because the police investigating nuisance noises needed a verifiable standard in
the field without having to use a dB meter. dB meters are not available for police officers,
they are not trained to use them, and the readings must be adjusted to exclude ambient
noises. They are not practical for field use and they are not legally defensible when used by
police officers.
By specifying a distance, an officer investigating a complaint can easily determine if the
noise violates our code and will be able to defend his decision in court, if necessary.
SUGGESTED ACTION: No change to the code: the code was written specifically to
eliminate the need for a dB meter.
Aaron Hundtoffe expressed support of the code and requested council adoption.
SUGGESTED ACTION: No changes to the code.
Residential party variances, originally discussed at the CAP and COW. Staff suggested a
requirement for notification of neighbors within a 500 foot radius prior to the issuance of the
variance.
SUGGESTED ACTION: Add the requirement to the variance process for residential parties
that the applicant must notify neighbors within a 500 foot radius prior to obtaining the
variance.
RECOMMENDATION
Staff recommends no changes to the draft ordinance other than the notification requirement for
residential party variances as discussed at the public hearing on April 26, 2010 and as shown in the
underline /strikeout version of the draft ordinance.
The Council is being asked to approve the noise ordinance, the Title 18 revision ordinance and
associated fee resolution at the May 3, 2010 Regular meeting.
ATTACHMENTS
Noise Ordinance
Title 18 Ordinance
Fee Schedule
C:Itemp\XPGrpWiselNoise REG staff report (5- 3- 10).doc
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City of Tukwila
Washington
Ordinance No.
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
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
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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 -1OPM, 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 S1.4 -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. Waring 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 vdith 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 S1.4 -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 S1.44983 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
Sound
Producing
Source
1 Residential
1 Commercial
1 Industrial
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
that is:
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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District of
Receiving Property
Residential, I Residential,
Daytime Nighttime 1 Commercial Industrial
55 dB(A) 1 45 dB(A) 1 57 dB(A) 1 60 dB(A)
57 dB(A) 1 47 dB(A) 1 60 dB(A) 1 65 dB(A)
60 dB(A) 1 50 dB(A) 1 65 dB(A) 1 70 dB(A)
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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 pro perty 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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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
level may be exceeded within
a 12 -month period
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
Variance
Notice of
Application
Requirements
No notice
Mailed notice
Mailed notice
(1,2)
Public
Hearing
Requirements
No
Hearing
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 circumstances (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, nailed notice provided to n 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. When the
500 foot radius includes multi family coinplexes, all residents of the co1)1plex 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 shall
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 lack 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, and 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:
CIuisty O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing Ordinances \Noise.docx
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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
Administrative 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)
1 Development Permit
Minor modification to design review
approval (TMC Section 18.60.030)
Minor Modification to PRD
(TMC Section 18.46.130)
City of Tukwila
Washington
Ordinance No.
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 TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN E1' ICTIVE 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 51, 2135 519, 2235 519 and 2251
(part), as codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 Classification 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
1 TYPE OF PERMIT 1 DECISION MAKER 1
Community Development Director
As specified by ordinance
Community Development Director
Building Official
Community Development Director
Community Development Director
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8
1 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
1 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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1 DECISION MAKER 1
Community Development Director
1 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
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Community Development Hearing Examiner
Director
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Community Development Hearing Examiner
Director
Community Development Hearing Examiner
Director
Community Development Hearing Examiner
Director
Community Development State Shorelines
Director Hearings Board
Short Plat Committee Hearing Examiner
Community Development Hearing Examiner
Director
Community Development I Hearing Examiner
Director
Community Development Hearing Examiner
Director
Community Development Hearing Examiner
Director
Page 2 of 4
TYPE OF PERMIT
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
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
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 8.22.120)
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
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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I INITIAL DECISION
MAKER
Community Development
Director
DECISION MAKER
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Planning
Commission
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Exaniiner
Hearing Examiner
INITIAL DECISION
MAKER
Board of Architectural
Review
Planning Commission
Planning Commission
APPEAL BODY
(open record appeal)
Hearing Examiner
APPEAL BODY I
1 Superior Court
Superior Court
Superior Court
Superior Court
I 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
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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Type 5 Decisions
TYPE OF PERMIT
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
1 Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
Shoreline Environment Re- designation (Shoreline
Master Program)
1 Subdivision Final Plat (TMC Section 17.12.030)
1 Unclassified Use (TMC Chapter 18.66)
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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DECISION
MAKER
City Council
City Council
City Council
City Council
City Council
City Council
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
I APPEAL
BODY
Superior Court
1 Superior Court
I Superior Court
Superior Court
Superior Court
Superior Court
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, and 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:
Page 4 of 4
ty of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
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
Office of the City Attorney
Permit Type LDR
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)
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
W \Word Processing \Resolutions \Noise Fee Schedule docz
SM 428/2010
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
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
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