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HomeMy WebLinkAboutOrd 2294 - Clarify and Update Zoning Code Regarding TMC Chapter 8.22 "Noise" (Repealed by Ord 2649)City of'Tukwila Washington Cover page to Ordinance 2294 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CFI' Y COUNCII, OF THE' CITY OF 'I'LINWHA, WASH ING"I'ON, AMENDINC ORINNANCEN"OS. 2ill 9,2135,, 2215 AND A 2251, S (IF1 70DIF3 A'I' TUKWILA MUNICIPAI, COD "I 3:8, "ZONING TO ("LARIFY AND UPDATE THE ZONING., (INIF' AND ITS PROVJ,PIONS TO REFLECI'CHANGE,TO "I'VKWILA MUNICIPAL CODE CHAPTER 8. 22, "'NOISE"; PROVIINC I -OR SEVERABILITY; AND USTABLISHINGAN DATVI- Ordinance 2294 was amended or repealed by the following ordinances. Type 1 Decisions TYPE OF PERMIT 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) Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) W \Word Processing\ Ordinances\ Title 18 Zoning Code Noise.doc KS:ksn 06/2.9/2010 City of Tukwila Washington Ordinance No. 2294 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 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 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. DECISION MAKER Community Development Director As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director Page 1 of 4 TYPE OF PERMIT 1 DECISION MAKER Sign Permit, except for those sign permits Community Development Director specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable Tree Permit (TMC Chapter 18.54) 1 Community Development Director Wireless Communication Facility, Minor Community Development Director (TMC Chapter 18.58) 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, m the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions INITIAL DECISION APPEAL BODY TYPE OF PERMIT MAKER (open record appeal) Administrative Design Review Community Development Board of Architectural (TMC Section 18.60.030) Director Review Administrative Planned Short Plat Committee Hearing Exammer Residential Development (TMC Section 18.46.110) Administrative Variance for Community Development Hearing Examiner Noise 31 -60 days (TMC Director Section 8.22.120) Binding Site Improvement Short Plat Committee Hearing Examiner Plan (TMC Chapter 17.16) Cargo Container Placement Community Development Hearing Examiner (TMC Section 18.50.060) Director Code Interpretation Community Development Hearing Examiner (TMC Section 18.90.010) Director Exception from Single Family Community Development Hearing Examiner Design Standard (TMC Section Director 18.50.050) Modification to Development Community Development Hearing Examiner Standards (TMC Section Director 18.41.100) Parking standard for use not Community Development Hearing Examiner specified (TMC Section Director 18.56.100) Sensitive Areas Community Development Hearing Examiner (except Reasonable Use Director Exception) (TMC Chapter 18.45) Shoreline Substantial Community Development State Shorelines Development Permit (TMC Director Hearings Board Chapter 18.44) Short Plat (TMC Chapter Short Plat Committee Hearing Examiner 17.12) Sign Area Increase Community Development Hearing Examiner (TMC Section 19.32.140) Director Sign Permit Denial Community Development Hearing Examiner (TMC Chapter 19.12) Director Special Permission Parking, Community Development Hearing Examiner and Modifications to Certain Director Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, Community Development Hearing Examiner except "unique sign" (various Director sections of TMC Title 19) W \Word Processing Ordinances\ Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 Page 2 of 4 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 1 1 1 TYPE OF PERMIT Wireless Communication Facility, Minor (TMC Chapter 18.58) 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) 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) W Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 INITIAL DECISION APPEAL BODY MAKER (open record appeal) Community Development Hearing Examiner Director DECISION MAKER 1 APPEAL BODY 1 Hearing Examiner Hearing Examiner Hearing Examiner Superior Court 1 Hearing Examiner Planning Commission Hearing Examiner 1 Superior Court Superior Court 1 Superior Court State Shorelines Hearings Board Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court 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 INITIAL DECISION MAKER Board of Architectural Review Planning Commission APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Planning Commission Hearing Examiner 1 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. Page 3 of 4 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) Subdivision Final Plat (TMC Section 17.12.030) Unclassified Use (TMC Chapter 18.66) 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 6th day of July, 2010. ATTEST/ AUTHENTICATED: P.6°P9* Christy O'F1k1 erty, CMC, City Clerk W Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 DECISION MAKER City Council 1 City Council City Council City Council 1 City Council City Council aggert ayor APPEAL BODY Superior Court 1 Superior Court Superior Court Superior Court 1 Superior Court Superior Court Filed with the City Clerk: 6 APPROVE ORM BY: Passed by the City Council: 7 7 Published: 11© �y/) Effective Date: pod- St c T i A� Offic4 the t rney Ordinance Number: Page 4 of 4 SUMMARY OF Ordinance No. 2294 City of Tukwila, Washington On July 6, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2294, the main points of which are summarized by its title as follows: 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 EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on July 6, 2010. i Christy O'FIa rty, CMC, City Clerk Published Seattle Times: July 12, 2010