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Home My WebLink AboutORD 4330 Amended by ORD 5155, 5156 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4330 ' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 3, BOARD OF PUBLIC WORKS, OF TITLE II (COMMISSIONS AND BOARDS) , AND CHAPTER 7, NOISE LEVEL REGULATIONS, OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO CREATE A PROCEDURE FOR VARIANCE FROM THE NOISE LEVEL REGULATIONS TO BE HEARD BY THE BOARD OF PUBLIC WORKS AND CREATING AN APPEAL TO BE HEARD BY THE RENTON CITY COUNCIL FROM ANY DECISION OF THE BOARD OF PUBLIC WORKS. SECTION I . Section 2-3-2 of Chapter 3, Board of Public Works, of Title II (Commissions and Boards) , of Ordinance No. 4260 ' entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection F to read as follows : �-3-2 .F: To consider and grant, where appropriate, variances from the Noise Level Regulations detailed in Chapter 7 of Title VIII . SECTION II. Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding another section which shall read as follows : , 8-7-8: VARIANCES AND APPEAL. I A. JURISDICTION. . The Board of Public Works shall hear and decide requests for varianLes from the requirements of this ordinance. B. APPLICATION. Parties seeking a variance from this chapter, or a duly authorized representative of the parties seeking the variance, shall file an application for the variance, which application shall � 1 ORDINANCE NO. 4330 set forth fully the grounds therefore and the facts the applicant deems material to justify the granting of such a variance. C. PUBLIC NOTICE AND HEARING. The hearing for a noise variance shall be a public hearing, I the date of which shall be not more than forty-five (45) days from the date of filing and acceptance of the application for the I variance. Notice of the time and place of public hearing shall be given and at least one publication in the city's legal newspaper, which publication shall be not less than ten ( 10) days prior to the i date of said public hearing. In addition, three (3) written notices of such public hearing shall be posted at least ten ( 10) days prior to such hearing within, on or about the location which will generate such noise. Additionally, written notice of the hearing shall be given to any resident or property owner that will experience an increase in noise, or potentially have an increase in noise, such that this variance will increase the quantity of noise received by that property owner or resident. The burden of providing this written notice shall be upon the applicant. The Board of Public Works shall not consider any variance for which written notices have not been given, or grant any variance that �' would cause an increase in noise levels beyond that permitted in this chapter unless the affected property owner or resident has � been notified. D. FACTORS FOR GRANTING VARIANCE . The Board of Public Works, in passing upon an application for a variance, shall consider all technical evaluations, all relevant factors and standards specified in other sections of this 2 ORDTNANCE NO. 4330 ordinance, and in addition thereto shall consider the following, none of which is mandatory for the granting of the variance: 1 . That the applicant will suffer an undue hardship and the variance is necessary because of special circumstances applicable to the applicant's property or project, and that the strict application of this chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others . 2 . That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. 3 . That the variance sought is the minimum variance which will accomplish the desired purpose. 4 . That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. 5 . The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. 6 . The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 3 ORDINANCE N0. 4330 7 . The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. E. FINDINGS AND CONCLUSIONS OF BOARD OF PUBLIC WORKS. The Board of Public Works shall reduce its decision to written findings, conclusions and a decision. The written findings, conclusions and decision shall include a section noting the right _ of appeal from the decision to the Renton City Council. F. APPEALS. Any party participating in the public hearing feeling aggrieved by the decision of the Board of Public Works may appeal the decision of the Boar.d of Public Works to the Renton City .C�uncil within fourteen ( 14) days of the decision. The appeal document shall note the errors in findings or conclusions which the appellant believes are material to the appeal . The Renton City Council shall consider the appeal and shall affirm the decision of the Board of Public Works unless the Renton City Council finds that there are material errors in the findings or conclusions, or that the decision is not supportable by the findings and conclusions . If the Renton City Council finds such errors it shall reduce its decision to writing specifying the findings and conclusions that are in error or stating that the decision is not supportable by the findings and conclusions . The procedure to be utilized by the Renton City Council in hearing this appeal shall be as established �, by the Renton City Council a�d should be substantially similar to the procedure used by the Renton City Council in hearing and determining appeals from decisions of the Renton Hearing Examiner 4 ORDINANCE NO. 4330 which are appealed to the Renton City Council. Any party remaining aggrieved by the decision of the Renton City Council may further appeal by obtaining a Writ of Certiorari from the King County Superior Court within twenty (20 ) calendar days from the date of the Renton City Council' s decision. SECTION III . This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. � PASSED BY THE CITY COUNCIL this 28th day of October , 1991 . \ ��G��.�/ Marilyn etersen, City Clerk APPROVED BY THE MAYOR this ��th day of October , .1R91 . � � _ � � �.�� - � � - - , Earl C`lymer, �,�4.�yor - - �.J Approve s to j,�,W,�/� /'.."' Lawrence J. Warr Cit Attorne � Y Y Date of Publication: November 1, 1991 ORD.208-10/14/91-as . 5