HomeMy WebLinkAboutReg 2012-05-07 Item 6B.3 - Ordinance - Update Notice Requirements for Noise VariancesCi l
WHEREAS, Chapter 8.22, "Noise," of the Tukwila Municipal Code contains
procedures for granting noise variances and the City wishes to clarify the public notice
requirements for noise variances; and
WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non Significance on the proposed
amendments and
WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that
meeting adopted a motion recommending the proposed changes and
WHEREAS, on April 2, 2012, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of
the Planning Commission;
THEREFORE,
WASHINGT ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2293 X13, as codified at Tukwila
Municipal Code Section 8.22.120, "Variances," subparagraph B, is hereby amended to
read as follows:
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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
Notice of
Public
sound level may be
Variance
Application
Hearing
exceeded within a
Permit Type
Requirements
Requirements
12 -month period
30 days or less
Type 1
Administrative
No notice �2,3>
No
Hearing
Variance
31 -60 days
Type 2
Administrative
Mailed notice �1'2�
Hearing
Variance
More than 60 days
Type 3
Mailed notice (1,2)
Public
Variance
Hearing
(1) Mailed notice shall be provided per TMC Section 18.104.120 with the
exception 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, 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 any variance, the
applicant shall provide written notice to all residents within 500 feet of where the
party or project is being held. When the 500 foot radius includes multi- family
complexes, all residents of the complex shall be notified. Written notice shall be
provided between 10 and 30 days of the onset of activity and shall enumerate the
anticipated party hours or work schedule for the length of the project. An affidavit
of distribution shall be provided to the City.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. 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.
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Section 4. 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
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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