Ordinance 34690006.900000
JZL/
8/27/03
ORDINANCE NO. 3469
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTIONS 5.30.110 AND
5.30.120 OF THE EDMONDS CITY CODE; IN ORDER TO
IMPOSE RESTRICTIONS ON CONSTRUCTION NOISE;
CLARIFY A LIMITED EXCEPTION FOR INCIDENTAL
HOME MAINTENANCE, REPAIR AND CONSTRUCTION
ACTIVITIES; AND AMEND THE VARIANCE PROCESS AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds currently regulates the emission of noise
through Chapter 5.30 of the Edmonds City Code (ECC);and
WHEREAS, ECC 5.30.110 currently exempts from City regulations certain noise
originating from temporary construction sites in residential districts; and
WHEREAS, the City Council desires to amend ECC 5.30.110 in order to further
limit the City's current exemption for construction noise; and
WHEREAS, the City Council finds that further limiting the hours within which
construction noise may originate will benefit the City's residential neighborhoods by ensuring
tranquility and calm during sensitive hours, while simultaneously preserving a sufficient
opportunity for necessary construction activities to occur; and
WHEREAS, the City Council finds that it is appropriate to amend ECC 5.30.120
to provide a practical way to address unusual circumstances that can arise which may necessitate
granting administrative variances where unusual physical or economic circumstances arise and
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there is not time to process such variances through the normal Hearing Examiner hearing
process; and
WHEREAS, the City Council recognizes that any noise regulation differing from
the standards prescribed by the State Department of Ecology (DOE) must receive DOE's
approval prior to becoming effective; and
WHEREAS, DOE has reviewed and formally approved this ordinance by letter
dated, September 30, 2003, attached hereto as Exhibit A and incorporated herein by this
reference as if set forth in full; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.30.1.10 Sounds exempt during daytime hours of the
Edmonds City Code is hereby amended to read as follows:
5.30.110 Sounds exempt during daytime hours.
A. The following sounds are exempt from the provisions of
this chapter between the hours of 7:00 a.m. to 10:00 p.m.:
1. Sounds originating from residential property
relating to homeowner - sponsored temporary projects for the
maintenance and repair of existing homes and grounds, including
but not limited to lawn mowers, saws, hammering and gardening.
This exemption applies to the construction of such incidental
appurtenances for existing homes as fences, decks, patios, carports,
swimming pools, ponds, walkways and private kennels. This
exemption excludes sounds from race vehicles.
2. Sounds created by blasting.
3. Sounds created by the installation or repair of utility
services or public road projects.
B. Sounds originating from temporary construction sites as a
result of construction activity are exempt from the provisions of
this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on
weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding
Sundays and Federal Holidays.
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Section 2. Section 5.30.120 Variances of the Edmonds City Code is hereby
amended to read as follows:
5.30.120 Variances.
A. Variances may be granted to any person from any
requirement of ECC 5.3 0.040 or 5.30.110 if findings are made that
immediate compliance with such requirement cannot be achieved
because of special circumstances rendering immediate compliance
unreasonable in light of economic or physical factors,
encroachment upon an existing noise source or because of
nonavailability of feasible technology or control methods.
B. Any such variance or renewal thereof shall be granted
only for the minimum time period found to be necessary under the
facts and circumstances.
C. Variances shall be processed in the following manner:
1. The Mayor or his/her designee may grant no more
than two administrative variances during any six
(6) month period for no more than two consecutive
days in those cases where unplanned, unusal
physical or economic circumstances arise which
make it. necessary to complete immediate
construction work and notice to adjacent property
owners is not feasible. Notice of the administive
variance shall be given to the Police Department
and posting the subject property by the applicant.
Variances shall be applied for and granted in
advance. Any period of violation shall be deducted
from the two day maximum.
2. In circumstances where it is not possible to meet
the normal variance process, the Mayor or his/her
designee may also grant no more than one
administrative variance of longer than two days but
no longer than seven days during any six (6) month
period pursuant to this Section. Notice shall be
mailed to all property owners within 300 feet
stating the administrative variance allowed, any
variance conditions and the duration of such
administrative variance. Notice shall also be given
to the Police Department and posting the subject
property by the applicant.
3. In those circumstances where variances to the noise
standards are anticipated, the variance must be
processed in the same manner provided for in
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ECDC 20.85.020 utilizing the criteria found in this
Section.
D. The grant of a variance shall not relieve any person from
the requirements of ECC 5.30.130 relating to public disturbance
noises.
E. Variances granted pursuant to this ordinance are subject
to review under ECDC 20.100.020.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY
APPROVED:
FILED WITH THE CITY CLERK: 08/22/2003
PASSED BY THE CITY COUNCIL: 08/26/2003
PUBLISHED: 11/30/2003
EFFECTIVE DATE: 12/08/2003
ORDINANCE NO. 3469
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SUMMARY OF ORDINANCE NO. 3469
of the City of Edmonds, Washington
On the 26th day of August, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3469. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.30 OF . THE
EDMONDS CITY CODE; IMPOSING RESTRICTIONS ON
CONSTRUCTION NOISE; CLARIFYING A LIMITED
EXCEPTION FOR INCIDENTAL HOME MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of November, 2003.
z4ee-'d� 'Idf (�� ,
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON
r"'EcaVED
OCT, 0 2 2003
DEVELOPMEW SERVICES
DEPARTMENT OF ECOLOGY
Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008 -5452 • (425) 649 -7000
September 30, 2003
Duane Bowman
Development Services Director
City of Edmonds
121 5t' Avenue North
Edmonds, WA 98020
Dear Mr. Bowman,
RE: Proposed Amendments to the City of Edmonds Noise Standards Ordinance, Your
Letter dated September 5, 2003
Thank you for your letter concerning the proposed amendment to the city noise standards.
Ray Hellwig asked me to respond for him in this matter.
The Department of Ecology no longer has resources to manage the noise regulations and
relies upon local governments to manage their own noise issues. Therefore, Ecology will
not comment on your proposed changes to the. city ordinance.
RCW 70.107, Noise Control, provides direction on controlling noise. Section 060, states
that "If the Department of Ecology fails to approve or disapprove standards submitted by
local governmental jurisdictions within ninety days of submittal, such standards shall be
deemed approved ".
I hope this provides sufficient information for the city to move forward in amending its.
noise ordinance. If you have further questions, you may contact me at 425- 649 -7082.
Sincerely,
Douglas Brown
Air Quality Section Manager '= EXHIBIT A
k
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Chase, Sandy
From: Bowman, Duane
Sent: Thursday, October 09, 2003 10:13 AM
To: Thies, Michael; Graf, Jeannine; Gebert, David; Chave, Rob; Haakenson, Gary; Gannon,
Gerald; Chase, Sandy
Subject: Effective Date of Revised City Noise Ordinance
I received a letter from the Washington State Department of Ecology regarding our revised city noise ordinance relating to
construction noise. Basically they no longer review such ordinance revisions even though the RCW requires such review.
However the RCW states that if DOE does not comment on the ordinance it becomes effective 90 days after submittal.
What this all means is that the ordinance does not become effective until December 8, 2003. 1 f you have any questions
please feel free to call me.
Thanks,
Duane
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY_OF_ORDINANCE NO. 3469
of the City of Edmonds, Washington
On the 26th day of August, 2003, the City Council of the
City of Edmonds, passed Ordinance No. 3469. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING CHAPTER 5.30 OF THE ED-
MONDS CITY CODE: IMPOSING RESTRICTIONS ON
CONSTRUCTION NOISE- CLARIFYING A LIMITED EX-
CEPTION FOR INCIDEf TAL HOME MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES: AND FIX-
ING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of November, 2003.
CITY CLERK, SANDRA S. CHASE
Published: November 30, 2003.
R EtChEI V ED
DEC Q 3 2003
vft N ,3 CITY CLEmf
Affidavit of Publication
S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
of Edmonds
Summary of Ordinance No. 3469
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
November 30, 2003
and that said newspaper was regularly distributed to its subscribers during all of said period.
Princinal Clerk
Subscribed and sworn to before me this 1st
day of December, 2093
Notary Public in and for the Stag of Washington, residing at
County.
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Account Name: City of Edmonds Account Number: 101416 Order Number. 0001111275