The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 0846CITY OF MENDINA ORDINANCE NO. 846 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 8.06.010 AND 2.78.070 OF THE MEDINA MUNICIPAL CODE (MMC) RELATING TO THE ADMINISTRATION OF NOISE CONTROL WHEREAS, Washington Administrative Code (WAC) 173-60.110 establishes that the primary function of noise abatement and control are delegated to the role of local government; and WHEREAS, the Medina City Council approved Ordinance 547 creating a chapter 8.06 MMC, adopting and amending King County Code chapters 12.86 through 12.100 relating to excessive noise and noise control; and WHEREAS, certain administrative procedures relating to noise control in chapter 8.06 MMC are outdated and in need of updating; and WHEREAS, the proposed amendment to the noise control ordinance provides for more efficient administration and enforcement of noise control; and WHEREAS, this code amendment relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.78.070 is hereby amended to read as follows: 2.78.070 Hearing examiner — Duties. The hearing examiner shall review and act on the following: A. Appeals of administrative decisions/determinations, including but not limited to SEPA determinations, lot line adjustments, short subdivisions, administrative interpretations, temporary noise variances, code enforcement and any other decisions affecting a landowner's ability to develop property within the city: B. Conditional use permits; C. High bank density development permits; D. Planned land use development permits; E. Shoreline conditional use permits; F. Shoreline variances; G. Special use permits, except where reviewed administratively per MMC 14.08.020(B); H. Substantial development permits; I. Tree removal and pruning pursuant to Chapter 12.28 MMC; J. Variances, except where reviewed administratively per MMC 14.08.020(A); K. Historical use permits; L. Technical and Economic noise variances pursuant to Chapter 8.06 MMC. Section 2. Section 8.06.010 is hereby amended to read as follows: 8.06.010 Portions of King County Code adopted by reference. A. Noise Control Provisions Adopted. The provisions of King County Code Chapters 12.86 through 12.100 governing excessive noise and noise control are hereby adopted by reference. All future amendments, alterations and additions to said Chapters 12.86 through 12.100 of the King County Code are also adopted by reference. At least one copy of Chapters 12.86 through 12.100 of the King County Code is on file with the city clerk. B. Amendments. The following amendments are adopted: 1. Section 12.87.030 is amended to state that "administrator' means the ((Medina +Rg- Off lsial)) city manager or his designated representative. 2. Section 12.87.070(B) is amended to read as follows: "Residential district" includes areas designated in the Medina Municipal Code as R-16, R-20, R-30 and SR-30. 3. Section 12.87.070(C) is amended to read as follows: "Commercial district" includes zones designated in the Medina Municipal Code as NA. 4. Section 12.96.010(D) is amended to read as follows: No variance shall be granted pursuant to this section until the administrator or Hearing Examiner has considered the relative interests of the applicant, other owners or possessors of property likely to be affected by the noise, and the general public. A technical or economic variance may granted only after a public hearing on due notice. The administrator or Hearing Examiner may grant a variance, if he finds that: 1. The noise occurrinq or proposed to occur does not endanger public health or safety; and 2. The applicant demonstrates the criteria required for temporary, technical or economic variance under Section 12.96.020. 5. Section 12.96.020(B) is amended to read as follows: Technical variance. A technical variance may be granted by the Hearing Examiner on the grounds that there is no practical means known or available for 2of4 the adequate prevention abatement or control of the noise involved. Any technical variance shall be subject to the holder's taking of any alternative measures that the Hearing Examiner may prescribe. The duration of each technical variance shall be until such practical means for prevention, abatement or control become known or available. The holder of a technical variance as required by the hearing Examiner, shall make reports to the administrator detailing actions taken to develop a means of noise control or to reduce the noise involved and must relate these actions to pertinent current technology. 6. Section 12.96.020(C) is amended to read as follows: Economic variance. An economic variance may be granted by the Hearing Examiner on the ground that compliance with the particular requirement or requirements from which the variance is sought will require the taking of measures that because of their extent or cost, must be spread over a period of time. The duration of an economic variance shall be for a period not to exceed such reasonable time as is required in the view of the hearing Examiner for the taking of the necessary measures. An economic variance shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable. ((4)) 7. Section 12.99.010 is amended to read as follows: Enforcement. Violation of the provisions of Chapter 12.86 through 12.100 shall constitute a civil infraction punishable by a fine not to exceed $500. Each day the violation occurs shall constitute a separate violation. In addition to seeking impositions of the fines provided herein for any violation, such violations may be enjoined or abated as a nuisance under the provisions of Medina Municipal Code Chapter 8.04. ((5)) 8. Section 12.99.020 is amended to read as follows: Appeals. Any person aggrieved by a final order of the administrator, ((" )), may appeal to the Medina Hearing Examiner pursuant to MMC 2.78.070 (( undeF the appeal pFoGedures pFevided in Chapter )) of the Medina Municipal Code. Appeal of a final order by the Hearing Examiner shall be pursuant to MMC 2.78.100. Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. 3of4 Section 4. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS 14 DAY OF SEPTEMBER 2009 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 14 DAY OF SEPTEMBER 2009. Passed: 09/14/2009 Published: ZoOq Effective Date: Og_r114-M0o1 4of4 Mark L. Nelson, Mayor Attest: R hel Baker, City Clerk SUMMARY OF ORDINANCE NO. 846 of the City of Medina, Washington On September 14, 2009, the City Council of the City of Medina, Washington, adopted Ordinance No. 846, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 8.06.010 AND 2.78.070 OF THE MEDINA MUNICIPAL CODE (MMC) RELATING TO THE ADMINISTRATION OF NOISE CONTROL The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of September 14, 2009. chel Baker, City Clerk 5of5