Ord 99-341
ORDINANCE NO.
99-341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22,
FEDERAL WAY ZONING CODE, AND CHAPTER 10,
FEDERAL WAY NUISANCE NOISE CODE, OF THE
FEDERAL WAY CITY CODE, ADOPTING SPECIFIC
AMENDMENTS AND ADDING NEW REGULATIONS FOR
OUTDOOR VEHICLE STORAGE AND DEVELOPMENT
ACTIVITY HOURS AND NOISE RELATED TO
DEVELOPMENT ACTIVITY.
A.
WHEREAS amendments to the Federal Way City Code (FWCC) text are
authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B.
WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding development activity hours, nuisance noises, and outdoor vehicle
storage; and
C.
WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the FederalWay Planning Commission for its review and recommendation; and
D.
WHEREAS the Federal Way Planning Commission, having considered the
Proposal at a work session on November 18, 1998 and at a public hearing on December
2, 1998 pursuant to FWCC Section 22-523, and all public notices having been duly given
pursuant to FWCC Section 22-528; and
E.
WHEREAS the public was given opportunitie~ to comment on the Proposal
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99-341
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t(QJ~lf
during the Planning Commission review, and
F.
WHEREAS the City of Federal Way SEPA responsible official has determined
SEPA review has already been completed as part of the adoption of the original zoning
code; and
G.
WHEREAS following the public hearings, the Planning Commission submitted
to the Land Use and Transportation Committee of the City Council its recommendation in
favor of proposed zoning text amendments adding sections to the FWCC as noted
previously; and
H.
WHEREAS the Federal Way Land Use and Transportation City Council
Committee met on 4/5/99 , 1999 to consider the recommendation of the Planning
Commission and has moved to forward the Proposal, with amendments, to the full City
Council; a(1d
I.
WHEREAS there was sufficient opportunity for the public to comment on the
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1.
The Federal Way City Council adopted limitations on development activity
in Chapter 22; Article XIII; Division 3; § 22-1006 and defines certain noises as a public
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99-341
, PAGE 2
nuisance in Chapter 10, Article 2 § 1-27 of the Federal Way City Code; and
and
2.
These sections conflict with each other in their regulation of similar activities;
3.
The Federal Way City Council desires to establish consistency between
these sections of the FWCC; and
4.
The Federal Way City Council adopted outdoor storage regulations for
residentially zoned properties in Division 8, Chapter 22 FWCC; and
5.
The Federal Way City Council desires to establish specific outdoor storage
regulations related to the storage of motor vehicles and non-motorized vehicles in
response to citizen comments and concerns; and
6.
The Federal Way SEPA responsible official responsible official has
determine,d SEPA review has already been completed as part of the adoption of the
original zoning code; and
7.
The proposed code amendments woutd not adversely affect the public
health, safety or welfare; and
8.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
ORD # 99-341
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Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect.to the decisional criteria necessary for the adoption of the
Proposal:
1.
The Proposal is consistent with the following Comprehensive Plan goals and
policies contained in the Natural Environment chapter;
NEG14- Develop programs andlor regulations to address noise pollution
in all areas of the City.
2.
The Proposal is consistent with the following Comprehensive Plan goals
and policies contained in the Housing and Land Use chapters;
HP5- Maintain a strong code enforcement program to protect residential
areas from illegal land use activities; and
LUP1- Develop residential design performance standards to maintain
neighborhood character and ensure compatibility with surrounding uses.
2.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it implements policies consistent with the goals of the
comprehensive plan.
3.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it implements policies protecting the character of the City's
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" ,.~;.,
neighborhoods.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, and the
Federal Way Nuisance Noise Code, Chapter 10, are amended to provide as set forth in
Attachment A and by this reference is incorporated herein.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this - 4th
day
of
May
,1999.
ORD # 99-341
, PAGE 5
CITY OF FEDERAL WAY
~/l-&-~
MAYOR, RONALD L GINTZ
ATTEST:
'>7 Qu ~ 4<,<----
,
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
'-ßvt c -~) Ðr~ì ~ .
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 4/19/99
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99-341
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PASSED BY THE CITY COUNCIL: 5/4/99
PUBLISHED: 5/8/99
EFFECTIVE DATE:
6/7 /99
ORDINANCE NO. 99-341
ORD # 99-341
, PAGE 7
ATTACHMENT "A"
Sec. 22-1006. Limitations.
(a) General. It is a violation of this chapter to engage in
any development activity or to operate any heavy equipment
between the hours of 8:00 p.m. and 7:00 a.m. nOI..].",} Llu.u""::Jh
weekdays. and 8:00 p.m. Friday through 9:00 a.m. Saturday. No
development activity or use of heavy equipment may occur on ~
8:00 n.m. Saturday. or at any time on Sundays or holidays whXch
are observed by the city.
(b) Exception. The director of community development may
grant revocable, written permission to engage in a development
activity or to operate heavy equipment between the hours of 8:00
p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday
through 9:00 a.m. Saturday, or ~ ~ 9:00 a.m. to 8:00 p.m.
on Sundays or holidays whi(,.l. ",J: c observed by the city if this
will not interfere with any residential use thaL i~ permitted in
the zone in which it is located.
(Ord. No. 90-43, § 2(115.25), 2-27-90)
Chapter 10 NUISANCES*
ACrOSS referenee(s)-Appeal procedure trom final action of the city council, hearing
examiner, any board or commission, or administratiye official for which there is no further right
administrative appeal or statutory or other appeal procedure established, § 2-181 et seq.; animal
nuisances, § 4-146 et seq.; littering and polluting prohibited, § 6-317; air quality zoning
regulations, § 22-947; erosion and sedimentation supplementary district regulations, § 22-948;
glare regulations, § 22-950; regulation of heat emissions, § 22-951; junk: and junkyards prohibited,
§ 22-952; maximum environmental noise leyel, § 22-956; odor limitations and regulations, § 22-
958; radiation limitations, § 22-959; restrictions regarding fences, § 22-1026 et seq.; discharge of
certain waters creating change in water quality creates a nuisance, § 22-1201.
State law referenee(s)-Buildings, construction standards, RCW 35A.70.040 et seq.;
weeds, rodents and pests, RCW 17.04.010 et seq.; public health and safety, RCW 70.01.010 et
seq.
Article L In General
Sees. 1O-1--JO-25. ReseIVed.
Article II. Noise
Sec. 10-26. General prohibition.
Sec. 10-27. lliustratiye enumeration.
Sec. 10-28. Exclusion.
Sec. 10-29. Penalty.
ARTICLE I. IN GENERAL
Sees. 10-1-10-25. Reserved.
ARTICLE n. NOISE*
ACross referenee(s)-Use of loudspeaker by peddlers in parks and recreation areas
restricted, § 11-80; sound amplification equipment restricted in parks and recreation areas, § 11-
89; maximum environmental noise leyels, § 22-956.
State law reference(s)-Noise control, RCW 70.107.010 et seq.
Sec. 10-26. General prohibition.
It is unlawful for any person to cause, or for any person in possession of property to allow
to originate trom the property, sound that is a public disturbance noise.
(Ord. No. 90-37, § I(A), 2-20-90)
Sec. 10-27. DJustrative enumeration.
(3)
(4)
(5)
(6)
The following sounds are public disturbance noises in violation of this article:
(I)
The trequent, repetitive or continuous sounding of any horn or siren attached to a
motor yehicle, except as a warning of danger or as specifically permitted or
required by law.
(2)
The creation oftrequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle,
off-highway yehicle or internal combustion engine within a residential district, so
as to unreasonably disturb or interfere with the peace and comfort of owners or
possessors of real property.
Yelling, shouting, whistling or singing on or near the public streets, particularly
between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to
unreasonably disturb or interfere with the peace and comfort of owners or
possessors of real property.
The creation oftrequent, repetitiye or continuous sounds wlùch emanate trom any
building, structure, apartment or condominium, which unreasonably disturbs or
interferes with the peace and comfort of owners or possessors of real property,
such as sounds trom musical instruments, audio sound systems, band sessions or
social gatherings.
Sound trom motor yehicle audio sound systems, such as tape players, radios and
compact disc players, operated at a volume so as to be audible greater than 50 feet
trom the vehicle itself.
Sound trom portable audio equipment, such as tape players, radios, and compact
disc players, operated at a volume so as to be audible greater than 50 feet trom the
source, and if not operated upon the property of the operator.
(8)
(9)
(7)
The squealing, screeching or other such sounds trom motor yehicle tires in contact
with the ground or other roadway surface because of rapid acceleration, braking or
excessive speed around comers or because of such other reason, provided that
sounds which result trom actions which are necessary to ayoid danger shall be
exempt trom trus section.
Sounds originating trom construction sites, including but not limited to sounds
from construction equipment, power tools and hammering between the hours of
10.08 p.m. ~ and 7:00 a.m. on weekdays and 10.08 p.m. ~ and
9:00 a.m. on weekends.
Sounds originating trom residential property relating to temporary projects for the
maintenance or repair ofhoms, grounds and appurtenances, including but not
limited to sounds from lawnmowers, powered hand tools, snow remoyal
equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on
weekdays and 10:00 p.m. and 9:00 a.m. on weekends.
(Ord. No. 90-65, § 1(B), 7-3-90)
Sec. 10-28. Exclusion.
Trus article shall not apply to regularly scheduled events at parks, such as public address
systems for þaseball games or park concerts between the hours of9:00 a.m. and 10:30 p.m.
(Ord. No. 90-37, § 1(C), 2-20-90; Ord. No. 90-65, § 2, 7-3-90)
Sec. 10-29. Penalty.
Any person who violates the provisions oftrus article shall be subject to a civil fine not to
exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty
ofa misdemeanor and upon conviction shall be punished as provided in section 1-13.
(Ord. No. 90-37, § 1(D), 2-20-90)
«:> Copyrighted. Municipal Code Corp., affiliated MulÚcipality. 1996.
DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE*
----------
*Cross reference(sj--This nonconformance must be immediately
brought into conformance with the applicable provisions of the
zoning regulations, § 22-330.
----------
Sec. 22-1111. Application of division.
This division establishes regulations applicable to outdoor
use, storage and activity.
(Ord. No. 90-43, § 2(115.105(1», 2-27-90)
Sec. 22-1112. Residential uses.
The ~urpose of this chaoter is to establish :;~~~:~d~ f~r
out~oor residential us7s. stor~ae ;nd ;~~f:i~i:~ ~;~;~;~ 0 otor
veh1cles and non-motor1zed veh1cle~. ~H~i~~: a~e
i~te~ded to protect orooertv ~alues ~~ ~;~~~~- ~~i~;~ ~~ight,
a1d 1n emeraency access and f1re s~f v. a -th:~ ~~;
creation'of rod7nt and oest harbora~~j ~n~ ;::~~~: ;~h'~î~a~î ~~
the natural env1ronment from the Ie n f 1 U S.
Outdoor uses, storage and activities normally associated
with a residential use are permitted, unless otherwise regulated
or prohibited by this chapter.
All motor vehicle and non-motorized vehic1e p:~~;~a ~nd
storage for re~idential uses 70ntai~i~~ ~i~~:; ~~t~;u~~ ~~
attached dwel11nas. shall be 1n a aa~ e 0 -;ÿ i~
aporoved impe~v~ous surface. Non-moto~i~~~.~~~~ï~~'~ii . clude
but are not 11m1ted to travel and ~~; 1 - ~~;~~~
trailers. truck campers: and ~oat o~ ;e~~~~: ~;i~;-;~t ~r~~~~~~~
Anv garaae. caroort or 1IDoerV10US surf~ e °d ;;~
or non-motorized vehicle parkina or storaae shal~ ~~~: ~t~~~t
drive~a~ access. This secti~n doe~ n~t ~p~f~ t~ t:l~î~~~~i; 1~;s --.
contaJnJna a detached dwellJna un1t whe~~ eo; ~-ð :~:; ~
20.000 square feet or more. However. ;u~ked. ~;;k d i. t ed.
or inoperab~e ~otor vehicles must be ~t~r~~ ~~ ~ ~;~~~~~~~~.
enclosed bu1ldJng reaard1ess of the S1~ n n Jon of
the lot. .
(Ord. No. 90-43, § 2(115.105(2»,2-27-90) .