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PLANNiNG COMMISSION
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80ARD OF COUNTY COMMISSIOIVERS
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Z?ATE ACTIOIV TAKEN RECORD OF ACTION
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WASNINGTON STATE NOISE CONTROL
, REGULATIONS
S'mteOf
W~Sh~n
,iienr
c w
I 5TA
~ State noise control regulations have recently been addpted according =
' to the Washington State Noise Control Act of 1974. These regulations
are :
1. MOTOR VENICLE NOISE PERFORMANCE STANDARDS, WAC 173-62
This regulation, effective July 1, 1975, limits excessive
noise emitted by motor vehicles operating on public roads
and highways. Normally, only those vehicles with modified
exhausts or no mufflers would exceed these noise limits.
Violations are a misdemeanor, enforced by the Washington
State Patrol, County Sheriffs, and City Police, and
assisted by the local noise control agency. All suspected
violations should be reported to one of these agencies.
2. Mp1XIMUM ENVIRONMENTAL NOISE LEVELS, WAC 173-60
This regulation, effective September 1, 1975, covers many types of
community noise sources which are major noise problems in the state.
The primary purpose of these regulations is to limit the amount
of noise which is emitted by stationary type noises into a residen-
tial area with the point of ineasurement being at the residential
property affected. This regulation also covers the amount of
noise a motor vehicle (i.e., motorcycle, snowmobile) operating
on private property (i.e., vacant lot) can emit into a residential
area. Ehforcement will be handled by the local noise control agency,
or the police or sheriff offices for that community. The Department
of Ecology will provide assistance as posTible.
Numerous communities are now preparing local noise ordinances, based on the
state noise regulations, to control their particular community noise problems.
To be successful, effective noise control in Washington State needs citizen
support. Please urge your local government to support noise control and to
adopt a local noise ordinance. A model noise ordinance is now available for
iocal government use. Inform your elected representatives of your concern
about noise pollution and encourage your neighbors to do the same.
P-"
D
A U G 19 1975
J SPO~~E courv rY
ANNING CpMM1s
SION
Danrei J Evans Ge,emn, J-hn a e►ggs 0s,ector Otympia, Washmgton 98504 Telephosre (206j 753-2B00
►
•
, - muieding Inspector Dick Hubbell, co-
r } ~ ' , : author of the ordinance, is poiniing out
ro Fountain Valler': Mayor Ed Just, the
Orange County Health Dept.'s equipment
used in surver of ambient noise levels.
e I~
omnidirectional microphone, an am-
- plifier, and an output meter scaled
in decibels, purchased from the B and
' K Instrument Co. in Anaheim. The
cost of the meter, its calibrator, and
necessary accompanying e q u i p m e n t
came to a total of $1050. At the
cit y's insistence, the pro posed sea
w a t e r d e s a l t i n g p l a n t a n d t h e w a ste
; "water reclamation plant, due to begin
joint operations in the spring of 1973,
will be monitored continuously. In
this special instance, the Orange
County Water District will meet the
NOise Control Ordinanee Re/ates $3000 to $5000 expense for the neces-
sary comprehensive monitoring sys-
To Public Health, We/fare and SafetY tem.
Among other things, this ordinance
could effect televisions, musical in-
By James E. Neal This monitoring equipment was cali- struments, loud speakers, air condi-
brated prior to and following each tioning units, pumps, generators,
On Septemher 7th, the council of sampling period to check for any motors, industrial manufacturers, and
Fountain Valley, Calif., unanimously mechanical error that might have de- street peddlers and vendors. Any
adopted an ordinance controlling noise veloped. This methodology measured person or concern violating this ordi-
in residential areas of the city. Au- the ambient (or ever present, all en- nance shall be deemed guilty of a
thored by Planning Director Clint compassing) noise levels within each misdemeanor and subject to a$S00
Sherrod and Building Inspector Dick quarter-mile section. fine or six months imprisonment in
Hubbell, the noise ordinance prohibits Survey findings showed that con- the Orange County Jail, or both. In
creating, causing, or maintaining cer- trary to common opinion, tt~ere is no addition, any sound producing device, i
tain sound levels deemed detrimental instrument, vehicle, or machine shall
significant difference between week-
to the public health, welfare, and day and weekend noise levels. Also, be subject to a court injunction or
safety. ambient noise levels varied directly restraining order.
Primary research for the ordinance with the sample point's location rela- Aside from its innovative qualities,
was done in cooperation with the tive to the San Diego Freeway and this noise regulation ordinance further
Orange County Health Department the United States Marine Corps Heli- demonstrates Fountain Valley's con-
which did the majority of the survey copter Training Facility at Mile cern for the environment. Coupled
work serving as the basis for the en- Square Regional Park (the closer the with an adherence to master planned
forcement standards. For purposes of sample point was to either of these development, a recycling center for
the survey, the city was zoned into two noise sources, the higher the $lass and aluminum, and a strict sign
quarter-mile sections. In November ambient noise level is). ordinance, our noise ordinance helps
and December of 1970, sound level Maximum Levels make Fountain Valley a p 1 e a s a n t,
measurements were conducted at enjoyable community with a way of
twenty-seven different locations for As a result of the survey, maximum life very much its own.
approximately 24 hours each. Eight of permissible noise levels, for both day- -
these sites were resurveyed to deter- time and nighttime, were assigned in
mine weekday and weekend sound relation to the ambient noise level of
level variations. An additional twenty- each quarter-mile neighborhood. The
five readings were taken at various permissible maximum standards per
distances from the nearby San Diego neighborhood fall within one of three
Freeway to ascertain the amount of noise zones, and vary from a 45 ~
ncyise generated by this freeway. decibel nighttime maximum with a SO
Measurements were taken by means decibel daytime maximum to a 55
of sound level meters placed in the decibel nighttime maximum with a
rear yard of occupied residences and 60 decibel daytime maximum. These
recorded on graphic recorders. The measured, variable s t a n d a rd s make
meters were mounted on adjustable this ordinance one of the most sophis-
tripoids, four feet above ground level, ticated and unique of its kind.
and at least 10 to 12 feet away from Enforcement of this ruling, which
buildings, walls, or other majar ob- is the responsibility of the Director
structions such as trees, bushes, etc. of Building and Safety, will initially
and primarily involve responding to
complaints. Noise will be measured
T he aiit h n r is cit y m a n a g e r o f by means of a portable, hand-held,
Fountain Valley, Calif. sound level meter equipped with an
32 March 1972 WESTERN CITY
,
' vibrations as sp<-,cified in this Orciinanc,~ sha11 be aeer~~I,
and is declared to be, a public nuisance and may be subject I
to abatement sum.marily by a restraining order or injunction '
issued by a court of competent jurisdiction.
Section 6.28.150. Manner of Enforcement.
i
The Director of the Building Department ox his duly.
authorized representatives are hereby empowered and it shall ,
be their duty to enforce all provisions of this Ordinance.
. No person shall interfere with, oppose or resist any
authorized person charged with the enforcement of this
Ordinence while such person is engaged in the performance of .
. his duty. ~-Violation of this Ordinance shall be prosecuted i.n •
the same manner as other misdemeanor violations of the City's I
code, provided, ho;aever, that in the event of violation of .
Sections 6.28.060 (b), 6.28.080 (d), and 6.28.100 of this
Title, a written notice-of intention to prosecute will be
given the alleged violator not less than three calendar days
prior to the issuance of a misdemeanor cornplaint. No complaint
shall,be issued in the event the cause of violatiAn is removed,
the condition abated or fully corrected within such three day
period. In the event the alleged violator cannot be located ,
in order to serve the notice of intention to prosecu*.e, the." I
notice as required herein shall be deemed to be qiven upon I
mailing such notice by registered or certified mail to the alleged violator at his last known address or at tiie place where the violation occurred, in which event the three day
period shall commence at the date of the day following the
mailinq of such notice. ,
Section 6.28.160. Severabilitv.
If any provision, clause,"sentence, or paragraph of
this Cfiapter, or the application thereof to any person or I
circumstance, shall be hdld invalid, such invalidity shall
not affect the other provisions or application of the .
provision of this chapter which can be given effect without ~
the invalid pravisions or application and, to this end, the
provisions of this chapter are hereby declared to be severable.
SECTION II. The City Clerk shall certify to the passaqe
and adootion of this Ordinance and to its approval by the
City Council.
PASSED APPROVED AND ADOPTED this 7th day of Septembex ,
1971. '
/s/ Edward Just
Mayor of the City of Fountain Valley,
California
. ATTEST:
' 1el Mary Cole
City Clcrk
I
fairs, eircuses or othc•r c,uthorized si.milar
public entertainment events, ,
(d) Air conditioning units, refrigcration equipment, to be created or maintained any noise within the interior
fans, blowers, pumps, engines, turbines, compressors, of any multiple family dwelling unit which exceeds 45 dEA
generators, saws, grinders, motors or other similar as measured in any adjoining drrelliiig unit between the houzs
davices, equipment or apparatus, of 11:00 P.M, of one day and 6:00 A.M. of the following day.
1., Exe:nption: Any mechanical device, apoaratus Section 6.28.100. Vibrations. _
or equipment used, related to or connected
with emergency wark, machinery or vehicle Notwithstanding other sections of this Ordinance, it •
operation defined as emergency machinery, • shall be unlawful for any person to create, maintain or cause
vehicle or tiTork shall be exempted from the to be createdor naintained any ground vibrations which is
requirements of this Ordinance. . perceotible withouc instruments at any point on aay baancary
line of any adjoining property to which the sovrce is located.
(e) Construction equiprtent or work including but not This prohibition shall not apply to qrading operaticns on
limited to the operation, use or employment of private or public property.
pile drivers, haT~ners, saws, steam shovels,
. pneumatic hammers, drills, derricks, steam or Section 6.28.110. Schools, Hospitals and C'hurches.
. electric hoists, motorized mechanical equipment or Special Excr.iDtions.
. other sitrilar construction equipment.
It sha11 be unlawful for any person to create, maintain
1. Exe;,~ption: Construction, repair'or remodeling or causetn be created or maintair.ed any noise or sound unen
equipment and devices and other related con- , any school, hospital or church while the sa;r,e is in use, ~~.'lich
struction noise sources shall be exempted fran exceeds the noise standards as specified in Section 6.28,050
the provisions of this Ordinance provided a of this Code prescribed for the assigned noise zone in which
permit for such construction, repair or the school, hospital or church is located; or which noise level
rerodelinq shall have been obtained for such unreasonably interferes with the working of sucr :nstialla4%-- ior.s
• construction, repair or remodeling from the or which disturbs or unduly annoys pa*ients in the haspital,
Bailding Dcpartment of tlta City of Fountain proviaed conspicuous si5ns are displayed in tnree s^pGrate
Valley and the construction, repair or remodel- . locations witnin 1/10'th of a nile indicating the pressnce of
ing does not take place between the hours of a school, church or hospital.
, 8:00 P.M. of one day and 7:00 A.M. of the
following day. Section 6.28.120. Prima Facie Violation.
2. Exemption: Any construction, repair or remodel- Any noise exceeding the noise levels for soecific noise '
ing necessary as defined as emergency work, ' zones as specified in Section;, 6.28.040 and 6.28.050 and as
machinery or vehicles. . measured as specified in Section 6.28.060 or noise levels
exceeding the standard as specified in Section 6.28.090 cr
(f) Jet or propellor-tyPe aircraft and other internal vibration exceeding the standard as specified in Section 6.28.10(
. eombustion engines durinq repair, rebuilding, of this Ordinance shall be deemed to be p:ima facie evidence of
runups, testing or operation. a violation of the provisions of this Ordinance.
1. Exemption: Encines operating in licensed motor Section 6.28.130. Violations: misdemea^oYs.
, vehicles on public streets, hiqhways, or right
oE ways and engines in all aircraft during a Any person violating any of the provisions of this
landing, takeoff, or while moving upon the chapter sliall be deemed quilty of a misde;neatior and uocn
ground surface or in the air shall be exempted conviction tliereof shall be fined in an arnount not excee;linq
from the provisions of this Ordinance. $500 or be imprisoned in the County Jail for a pe:iod not
exceedinq six months or by boih such fine and imprisc:.-r,er.t.
Exception: Subsection (f) (1) shall not be Each day such violation is committed er pcrmitted to cor.r:ae
construed to mean that licensecl motor vehicles ' shall constitute a separate of:ense and sha11 be Pu.
may be repaired, rebuilt, or tested while on as such.
public street, highway or right of way.
Section 6.28.140. Violations: Additional Remedies: ?n7-cnctic^s
Section 6.28.090. Noise - Multitile Familv DwellincT Units,
As an additional remedy, the operation or maint-cr.::nce of
Notwithstandinq other sections of this Ordinance, it any device, instrunent, vehicle, or machinery in violatio; cf shall be unlawful for any person to create, maintain or cause any provision of this Ordinance, which operation ar m3intc.^.ance
causes or creates noise levels.exceeding the noise levels or
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Section 6.28.070. Excessivc Naise Prchibited.
It shall be unlawfu1 for any person from any location
5. The ambient noise level shall be determined with within the City of Fountain Valley, including commercial,
tfie noise source not in ooeration prior to 'or after agricultural and industrial zor.ed property, to create,
a neasurcment to determine a violation. The , maintain or cause or allow to be created or maintained, any
a~~ient noise level shall be determined as noisc or sound upon any residential property within the City follows: . of Fountain Valley, which exceeds the noise standards as .
specified in Section 6,28.050 of this Code as measured in
a, Allow time for the sound level meter t0~~ accordance with procedures specified in Section 6.28.060 of
up* this Code, unless the noise or sound source or sound is
spocifically exempted in this Ordinance,
b. Calibrate the sound level meter in . accordance with the manufacturer's . Section 6.28.080. Classes of Noises Prohibited. .
instructions.
The provisions of this title shall apply to but shall
c. Set the sound level meter on the "A" ' not be limited to, the control, use and operation of the
weighted networr, at slow response. • 'following noise sources w,lose use, operation, work, enoloy-
- , ment or other action creates, maintains, permits, or causes
d. WITHOUT the noise source in operation, set to be created or maintained, any excessive, unnecessary, un-
the microphone in a vertical position with wanted or annoying noise, sound, cry or behavior khich exceeds
the microphcne head approximately four feet the noise standards as set forth in Sections 6.28.040 and above the ground. The operator shall face 6.28.050 of this Code, unless specifically exempted. .
the noise source and record the meter's instantaneous response (reading) observed . (a) Radios, televisions, musical instruments, drums
at 15 second intervals for a period of or other percussion instiruments, tape recorders,
fifteen minutes. The lvwest reading is • sound trucks or vehicles whether moLile or
interpreted as the ambient noise level of ' stationary, public address systems, loud speakers,
that sampling point. If,this reading is bull horns, sound equipment or other devices or
at any level above the standard set for the machinea used for producing, reproduction or noise zone, steps must be taken to determine ' amplification of music, instructions, talks,
the source or sources of the intruding high speeches, addresses, lectures, attracting atten-
. level noise followed by ap?ropriate control tion by persons selling merchandise, food or
acticn beiore continuing tne survey.. If beverage or other similar purposes.
the reading is equal to or below the '
standard, continue the survey. 1. No person shall operate a loud speaker or
sound amplifying~equip~ent for the purpose
6. WITFi the noise source in operation, the operator , of transmitting sound to any assemblage of
shall again record the instantaneous response at persons in the City without first filing a
15 second intervals for a fifteen minute period. registration statement and ebtaining anproval
Or, fo: a noise source of less than 15 minutes, the from the City Manager of the City of Fountain
operator shall record the instantaneous response at , Valley.
15 second intervals for the tine the noise source is in operation. The lowest response level recorded . 2, Exemption:' Section 6.28.080, subsection
while the noise source is in operation is inter- (a) shall not apply to school bands or duly
preted as the intruding noise level, licensed parades or other events authorized
in Section b.28.080 (a) 1 above.
7. Apply the noise corrective factors as set forth in
Scction 6.28.050 to the noise standard established (b) p,nimals or fowl creating, causing, generatin5 cr
for the specific noise zone. emittinq any cry or behavioral sound.
8. Compare the intruding noise levels with the standard. (e) Hawkers, peddlers, catering vehicles, pushcart
If the noise level gencrated from the noise source vendors or othcr similar operators who sell
exceeds the s=andard, the noise s4urce is generating merchandise, food or beverages by personal outcry
noise levels in excess of the allowable standards or mechanical or electrical devices.
set for the noise zone.
1. Exemption: The provisions of this subsection
ehall not bc construed to prohibit the selling
of inerchandisc, food, and beverage by outcry
at licensed public sporting events, parades,
resic3cntial or ilf zc^::l fcr agri-
cultural, coT.-ercial cr inuustrial uses, aze specifically indicateG, si,all appl; ~_u j.L1 ~
::_tually used :or res~dential purposes as zoned property a~ithin their assirned naise zones (as
~ legal non con£oz~ ing use. . specified in Sectian 6.28.040 of this Ordinance) and
said stanc3ards shall con5titute thc maximum permissible
(j) sOur3n ArtrraIFYTr;r EQUIP'IrNT. Sound amplifying naise levei within the respective zones.
equipntent shu11 mean any machine or device, .
mobile or stationary, used for ampl.ifying NOISE STlaNDARD
music, the human voice or any sound, DAY (.VSAXIMUM) NIGFIT (t4A}CIPN:7)
NOISE ZONE 6:00 A.M. to 11:00 P.M. 11:00 P.`•,. tc 6:00 A.M.
(k) SOU:?D LEVEL. Sound level shall mean the
noise 1eve1 in decibels and is the weighted sound pressure level obtained by using a I 50 dIIA 45 c?BA
sound level mel:er whose weightinq character- II 55 aBA SO dEA
istics are specified in the American National ITI 60 dBA 55 dBA
S:andards Institute's (ANSI) Star.dard
S1-4-1961 for sound level meters with a The maximu;n permissible noise level standards estab-
reference pressure of 0.0002 microbars. lished for each of the respective noise zones shall be
adjusted during the daytime (6:00 A.M. to 11:00 P.M.) per4ods
(1) SotTND LEVEL METER. Sound level meter shall by the inclusion of the fol].owing noise corrective factors
moan an insfirunQnt including an omnidirec-
tional microphone, an amplifier, output when applicable.
meter and mceting the AtdSI Standard S10401961. Noise source operated less than 12 min/'iour + 5 dpA*
(m) SGUND PRESSURE LFVEL. Sound pressure level ' Noise source operated less than 3 min/hour +lOdsr~*
shall mcan the souad pressure level in deci- Noise source operated less than lmin/hour +15dBAx
bels of a souncl ti,hich is twenty (20) times Noise source of impulsive character (banq,
the logarithm to the base ten (10) Uf the hammeX) - 5 dBA
ratio of the pressure ot this sound to a Noise source of periodic character (hum,
reference pressure, whicll reference,pressure screech) - 5 dBA
shall be explicitly stated. ,*appZy onlV one nlus £actor.
Section 6.28.030. Decibel Measurement Criteria. Section 6.28.060. Monitorinq Frocct,~Il:~.l,:,.
Any decibel measurement made pursuant to the provisions
of this chapter shall be based on a reference sound pressure The following procedures shall Y:.-,
of 0.0002 microbars as measured caith a sound level meter monitoring and evaluating exterior noise nuisances in t:-_
using the "A" weighted network. community unless otherwise specified in this Ordinance.
Section 6.28.044. Desiqnated P1oi.se Zones. l. The evaluation shall be conducted anv t.ine of
day or niqht ar:
All residentially zoned property in the designated being operated
quarter-mile sections is hereby assigned to the following Z. The location se'_,,
naise zones: u;;
y
QUAFTER MILE SCCTION M}1P any residential property adjoininq the suspect
COGRDINATL•'S, Fountain Valley property at a point approximately ten (10) fce
Street and Highway Map from any building, wall or obstructicn (trees,
210isE z0~1F (Exhibit A) , bushes, etc.) or on any property line, provided
there are no walYs, buildings, or obstructions i B-6, B-7, C-6, C-7, D-60 -D-7 within ten (10) feet of the sampling location. .
II B-4, D-5, C-2, C-5, D-1, D-2, 3. The sound level meter shall be equipped with an
D-3, E-1, E-4, E-7, F-1, F-4,
F-5, G-2, G-3, G-4, H-1, H-2, omnidirectional microphone. N,3, J-1, J-2 4. No individual other than the o erator shall be
ZII C-3, C-4, D-4, D-5, E-5, E-6 within ten (10) feet of the sound level meter
Section 6.28.050. Noisc Performanco Standards. during the sample period.
The following noisc standards, unless otherwise ,
_3r '
-4-
' as indicated below; I •
(a) "A" WEIGHTED SOUND LvVCL. "A" Weighted
SAMPLE QRD NANCE
Sound Level shall mean the total sound leveZ
in decibels of all noise as measured with
A.N ORDIh:\?-;CE OF TI?E CITY OI' I'OUNTAI:J VALLEY a sound ledel meter using the "A" weight- '
ADDING C1Ir1PTER 6.28 TO THE FOUNTAIN VALLEY , ing network (scale). T'ne unit of ineasure-
t~UNICIPAL CODE, RELATING TO TIiE CONTROL Or ment shall be defined as dBA.
hOISE IN RESIDENTIAL AREAS OF THE CITY. ~
(b) PI?IIIEPIT NOISE LEVEL. Ambient Noise Level ,
, shall mean the lowest sound level in dBA ,
as determined by employing a sound level The City Council of the City of Fountain Valley does meter and exc.luding transient peak sound
ordain as follows: conditions during a spccified sample period •
. using a specific procedure.
SECTION I. C'hapter 6.28 is added to the Fountain
Valley Municipal Code to read as follows: . . (c) DLCII3EL (dB), Decibel (dB) shall mean a i
unit of level which denotes the ratio be-
"CHAPTER 6,26 , tween two (2) quanities which are pro-
. portional to power; the number of decibals
NOISE FtEGULATIONS corresponding to the ratio of two (2)
amounts of potaer is ten (10) times the
Sections 6.28.010 Declaration of Policy. logarithM to the base t;en (10) of this ratio.
6.28.020 Definitions.
6.28.030 Decibel Measurement Criteria. (d) DtERGCNCY MACHIP,EP,Y, VE~IICLES OR WOF.K.
6.28.040 Designated Noise Zones. E~nergency nachinery, vehicles or work
6.28.050 Noise Performance Stanclards. shall mean any machinery, vehicle or work
. 6.28.060 Monitoring Prccedures. used, employed or performed in the efforts
6,28.070 Er.cessive Noise Prohibited. ' to protect, provide, prevent or restore safe .
6.28.080 Cla;ses of Noises Prohibited; conditions in the co;r.munity or for the
6.28.090 Noise - Multiple Family Dwelling Units. citizenry, or work by private or public
6.26.100 Vibrations. ' utilities when restoring utility service.
6.28.110 Scliools, Hospitals and Churches.
Special Exemptions. (e) MICROBAR. Microbar shall mean a unit of
6.28.120 Prira Facie Violations. • pressure cor„monly used in acoustics and is
6.28.130 Violations: MisdcrnEanors. equal to one dyne per square centimeter.
6.28.140 Violations: Additional Remedies: Injunctions. (f) 0^.'OEt. VEHICLE. Motor vehicle shall include
6.28.150 Ma7ner of Enforcement. • tut not be limited to motorcycles, motor
6.28.160 Severability. driven cycles (as defined in Sec. 10.72.020
of the Fountain 1Talley Municipal Code),
Section 6.28.010. Declaration of Policv. . mini-bikes and go-carts, but shall not in-
• clude licensed vehicles while beinq operated
In order to control unnecassary, excessive and annoyinq upon any public highway, street or ri5ht-of-way,
noises in residential areas of the City, it is hereby declared
to be L•he policy of the City to prohibit such noises qenerated (q) NOISE LEV~L. Noise Level shall mean sound level
from all sources as specified in this Ordinance, as defined in this Ordinance.
It is deterntined that certain noise levels axe detri- (h) PERSON. Pe-rson shall mean a person, firca,
mcntal to the public healtli, welfare and safety and contrary . association, copartnership, joint venture,
to public int~arest, and therefore the City Council of Itne City corporation or any entity, public or
of Fountain Vallcy doas o:dain and declare that creatinq or private in nature. •
maintaining or causing or allowing to be created or maintained
any noise i.n a manncr prohibited by or not in conformity with (i) R::SIDENTIIIL AREA. Resiaential Area shall
the terms of this Ordinaiice, is a public nuisance and shall mean all parcels oi• real property within a
be punishable as such. . . quarter mile aection map which are zoned for
Section 6.28.020. Def.initions.
The followinq words, p!:rases and tei-ms, unless the
context othcrwisa clearly in3icatee, shall have the meaning .
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SAL. LE ORD I NANCE ine 27 , 1974
0-73-70
A BILL FOR AM
ORDIMAIVCE REPEALING ANO REENACTING CHAPTER 9.52 OF THE LAKEW000 MUNICIPAI
CODE 19729 REGULATING NGISE AND SOUND PRESSURE LEVELS; AND AMENOING THE-
LAKEwQ40 TRAFFIC CODE
Bo it Ordalrted bY the City Council of the CitY of l.akewood, Colorado, that:
SECTIOM 1. Chapter 9.52 of the Lakewood Municipal Code 1972 is
hereby repea 1 ed and reenacted as fol 1 ows :
SUBCNADTER I. SNORT TITLE, POIICY ANO GENERAL DEFINITIONS
9.52.010 SNORT TITLE. This ordinance shall be knorvn as the
Lakewood Noise Control Ordinance.
9.52.020 DECLARATION OF POLICY. It is hereby declared that at
certain levels, noise is detrimental Lo public health, comfort, con-
venience, safety and welfare of the citizens of the City of Lakewood.
Thiz ordinance is enacted to protect, preserve and promote the health,
welfare, peace and quiet of the citizens of Lakewood throu9h the re-
duction, prohibltion and regulation of noise. It is the intent of this
ordinance to establish and provide for sound levels that will eliminate
unnecessary and excessive noise, reduce traffic and comnunity noise,
and establish noise standards and sound levels that will promote a
comfortable enjoyment of 1 ife, property, and conduct of business, and
prevent sound levels which are physically harmful and detrimental *.o
individuals and the corrn+unity.
9.52.030 DEFINITIONS. The following definitions shall apply ih
the interpretation and enforcement of thi! c~3~ter:
(1) "'A' weighted sound pressure level" means the sound pressure
level as measured with the sound level meter using the "A" weightinq
network. The standard unit notation is d8(A).
(2) "Commercial purpose" shall mean and include the use, opera-
tior, or maintenance of any sound amplifying equipment for the purpose
of advertising any business, any goods, or any services, or for the
purpose of attractin9 the attention of the public to, or advertisin9
for or soliciting the patronage of customers to or for any performanCe,
show, enterta i nment, exhi bi ti on, or event, or for the purpose of demon-
strating any such sound equipment. •
(3) "Commercial District" shall mean the following: (a) An area
where offices, clinics and the facilities needed to serve them are located;
(b) An a rea with local shopping and service establishment; (c) A tourist
Oriented area where hotels, moteis, and gasoline stations are located;
(d) A business strip along a main street containing officeS, retail
businesses, and comnercial enterprises; (e) Other cortmercial enter-
prises and activities which do not involve the manufacturing, processing
Jum 1974 • ' '
Orc_ _-73-70
Page 2
or fabrication of any comnodity. "Commercial District" shall include,
but not be limited to, any parcel of land zoned as a Restricted
Corrmercial-One District, a Restricted-Commercial District, a Comnercial-
One District or a Corronercial-Two District under the Zoning Ordinance of
the City of Lakewood.
(4) "Construction activities" shall mean any and all activity
incidental to the erection, demolition, as-sembling, altering, install-
ing or equipping of buildings, structures, roads or appurtenances
thereto, including land clearing, grading, excavating and filling.
(5) "Continuous noise" shall mean a steady, fluctuating, or impul-
s'ive noise which exists, essentially without interruption, for a period
of ten (10) minutes or more, with an accumulation of an hour or more over
a period of eight hours.
(6) "Device" shall mean any mechanism which is intended to pro-
duce or which actually produces sound when operated or handled.
(7) "Dynamic braking device" shall mean a device used primarily
on trucks for the conversion of the motor from an internal combustion
engine to an air compressor for the purpose of braking without the
use of wheel brakes.
(8) "Emergency work" is work made necessary to restore property
to a safe condition following a public calamity, or work required to
protect persons or property from an imminent exposure to danger or
potential danger.
(9) "Fluctuating noise" shall mean the sound pressure level of a fluctuating
noise varies more than 6 dB(A) during the period of observation when measured with
the slow meter characteristic of a sound level meter.
(10) "Impulsive noise" shall mean a noise containing excursions usually
less than one second and varies more than 20 dB(A) during the period of
observation when measured with the fast meter characteristic of a sound
level meter.
(17) "Industrial District" shall mean an area in which enterprises
and activities which involve the manufacturing, processing or fabrica-
tion of any commodity are located. "Industrial District" shall include,
but not be limited to, any parcel of Iand zoned as an Industrial Trade-
One District, an Industrial Trade-Two District, an Industrial Trade-
Three District or an Industrial Trade Four District under the Zoning
Ordinance of the City of Lakewood.
(12) "Motor vehicle" shall mean any vehicle such as, but'not limited
to, a passenger vehicle, truck., truck-trailer, trailer or semi-trailer
propelled or drawn by mechanical power, and shall include motorcycles,
snowmobiles, minibikes, go-carts, and any other vehicle which is self-
propelled.
.
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)u ne 27, 1974
Ord 9-73-70
Page 3
(13) "Muffler" shall mean an apparatus consisting of a series
of chambers or baffle plates designed for the purpose of transmitting
gases while reducing sound emanating from such apparatus.
(14) "Non-comnercial purpose" shall mean the use, operation or
maintenance of any sound amplifying equipment for other than a
commercial purpose. "Non-comnercial purpose" shall mean and include,
but shall not be limited to, philanthropic, political, patriotic and
charitable purposes.
(15) "Plainly audible" shall mean that the information content
of sound is unambiguously transferred to the auditor, such as, but
not limited to, understanding of spoken speech, comprehension of
ra7`sed or normal voices, or comprehension of musical rhythms.
(16) "Residential District" shall mean an area of single or
multiple-family dwellings and shall include areas where multiple unit
dwellings, high-rise apartments and high density residential districts
are located. "Residential District" shall also include, but is not
limited to, hospitals, nursing homes, homes for the aged, schools,
courts and similar institutional facilities. "Residential District"
shall include, but not be limited to, land zoned as a Residential One
District, a Residential One-A District, a Residential One-B District,
a Residential Two District, a Residential Three-A District, a Resi-
dential-Three District, a Residential-Four District, or a Residential
Trailer District under the Zoning Ordinance of the City of Lakewood.
(17) "Sound amplifying equipment" shall mean any machin2 or de-
vice for the amplification of a human voice, music, or any other sound,
or by which the human voice, music or any other sound i-q amplified.
(18) "Sound level meter" shall mean an instrumen~ or appara-
tus including a microphone, an amplifier, an output meter, and
weighting networks for the measurement of sound pressure. The out-
put meter reads sound pressure level when properly calibrated, and
the instrument is of type 2 or better, as specified in the American
National Standards Institute Publication S1.4-1971, er successor
publications.
(19) "Sound pressure ievel" shall mean 20 times the logarithm
to the base 10 of the ratio of the root mean square pr ss re of a
sound to the reference pressure, which is 20 x 10 -6 iew~ons per meter
squared.
(20) "Unnecessary noise" means any excessive or unusually loud
sound or any sound which disturbs the peace and quiet of any neighbor-
hood or which does annoy, disturb, injure or endanger the comfort, re-
pose, health, peace, or safety of any person, or causes damage to
property or business.
Ji 27. 1974
Ord. 0-73-70
F' e 9e 4
(21) All technical terminology used in this ordinance, unless
the context otherwlse requires, shall be defined in accordance with
American National Standards Institute (ANSI) publication 91.1-1960,
revised 1971, or successor publications of ANSI, or 1ts successor
bodi es .
SUBCHAPTER II. PROHIBITEI) NOISE--GENERA! PROHIBITION
9.52.040 UNLAwFUL TO MAKE. It shall be unlawful for any person
to willfully make or continue, or cause to be made pr continued, ahy
unnecessary noise within the City of Lakewood as heard without
measurement or as heard and measured in the manner prescrlbed in
Section 9.52.150 of this Chapter.
9.52.050 UNLAWFUL NOISES GENERALLY. The following acts,
enum+eratod in Sections 9.52.060 through 9.52.130, are declared to
cause unnecessary noises in violation of this chapter: provided, how-
ever, that the following enumeration is not in limitation of Section
9.52.040, and is not exclusive.
9.52.060 BELLS AND CHIMES. It shall be unlawful for any
person to use, operate, cause or permit to be sounded any bell-or chime
or any device for the productiDn-or reRroduction of the sounds of bells
or chimes, from any church, clock or school, between the hours of 10 p.m. of o►ie day cind 7 a.m. of the f1lowing day.
9.52.070 RADIOS. TELEVISION SETS, PHONOGRAPHS, AND SIMILAR
DEVICES. (1) Use Restricted. It shall be unlawful for any person
to use, operate or permit to be-played any radio receiving set,
masical instrument, television,-phonoqraph, drum or other machine
or ctEVice for the production or reproduction of sound in such a
marmer as-tQ-cause to be made-or continued any unnecessary noise
as heard without measurement or as heard and measured in the manner
prescribed -ir Section 9.52.1500
(2) Prima facie violation. The operation of any such set, in-
strument, television, phonograph. machine or devic . at any time in
sttch a manner as to be plainly-audible at either the property 11ne,
or 25 feet in the case of a vehicle on public rights of way, shall
be prima facie evidence of a violatiorrof this section.
(3) This section shall not apply to any person who is parti-
cipating in a school band or in a parade for which a permit has
been-issued by the City of La kewood.
9.52.080 ANIMALS OR BIRDS. No person shall keep or maintain
or-permit the keeping of, on any premises owned, occupied or con-
trolled by such person, any animal or bird otherwise permitted to be
kept, which by frequent or habitual hawling, barking, meowing,
squawking, or other noise unreasonably disturbs the peace and quiet
of any neighborhood or causes discomfort or annoyance to any person.
I
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• , J;~rie 27, 1974
Ord 0-73-70
10 t g e 5
9. 52, 090 EXHAUSTS--MUFFLERS. No persar} sha l 1 disc:har~~ ~ i-ito
the npen air the exhaust of any steam engtne, stationary internal
combustion +eng7ne, air cvmpressor equipment, motar boat, motor
vehiele, or other power device, wh7ch is not equapped with an
adeQuate muffl er i nconstant operat i on and proper ly rna i nta i ned tv
prevent any unnecessary noise, and no such muffler or exhaust system
shall be modified or used with acutoff, bypass, or similar device.
9.52.100 DEFE'Lur IN VEHICLE QR L4AD. It sha11 be unlawful for
any person to operate, or cause or permi t to be operated 4r used,
any automobile, truck, motorcyc]e or other motor wehicle so aut of
repair, so loaded or in such a manner as ta cause to be made or can-
tinued ar►y unnecessary naise as heard without measurement or as
heard and measured in the manner prescribed in Sectian 9.52.150.
9.52.110 QU IET ZONE, The creati on of any unneces sary noise
is prohibited within the vicinity of any schval, institutian of
learning, church or cvurt while the same are 7n rase or sesslan,
whiGh unreasonably ?nterferes with the workings vf such institution,
or within the vicinity of any hospital, nursing home or hvme for the
aged, or Which dlsturbz or unduty annoys patients in the hospital
or residents in the nursing hame or home for the aged, provided
cvnspicuvus signs are displayed ifl adjacent, surrvunding or contiguous
streets indieating that the same is a schavl, hvspital, nursing hvme,
home for the aged, chureh or court.
9. 52.120 DYMAMIC BRAKING DEVIGES, Na person shal l operate any
motor vehicle with a dynamie brakr`ng device engaged which is nat
properiy muffled,
9e52,130 TRUCKLOADING No person shali laad any garbage, trash
vn compactor truck, or any other truck, whereby the loading, unlaading
or handling of boxes, crates, eqUipment or pther- objects is eonducted
wYthin a residential district nor within three hundred (300`} feet vf
any hotel or motel between the hours of 10p.m, and 7 a, m.
SUBCHAPTER III. PRQHFBITED NOISE SdUND LEVEL STANDARDS
9.52.140 ACTS AND VIOLATION. Any act in violation of the
following sectivns, enum+erated 9s52.150 through 9.52 210 is deemed
to be in violation of 9.52,040 without in any way limiting the
generality of the provisians of Section 9.52.044a
9.52.150 MAXIMUM PERMISSTgLE SOUND PRESSURE LEVELS. The maxfmum
permiss i bl e sgund pressure level s of any canti nuflus source of saund shal 1
be as herein estabiished for the ti'me period and district listed
in Table A of this section. This lnc1udes, but is nQt limited to,
sound fram such activities as production, processing, cleaning, ser-
vic#ng, testing, operating, or repairing either vehicles, materials,
/
~
vur~` LT , 1 974
(lyd 0-73-7a
Page fi
goods, products or devices. Sound pressure levels in excess of th05@
established for the dfstricts of the City, in t'imes herewith listed,
shall cvnstitute prima facie evidence that such svund is an unnecessary
noise. Sound pressure levels shali be measured at the approximate
lacatian of the property line,or the baundary of the publie way, at
a height.af at least four (4) feet abave the immediate surrounding
surface, an a saund level meter of standard design and operated on
the "A" weighting network.
T A B LE A
Sound Pressure Level Limit
dB(A)
Day Night
District 7 a.m. - 10 p.m. 10 p.m. - 7 a.m.
Residential 55 50
Cornmerc i a 1 60 55
Industrial 80 75
When a noise source can be,identified and its noise measured in more
than one district, the sound pressure level limits of the mast re-
strictive district shall apply.
The saund pressure level limits and pravisions hereaf appli-
cable ta Residential Districts shall also apply ta any parcel of
land zaned Conservation District, under the Zoning Ordfnance of
the City of Lakewood.
The sound pressure level limits, and prvwisions hereaf,
applicable to Commercial Districts sha11 also appiy to any par+ce1
of land zoned Agriculturai Qne District or Agricultural-Two
Qistrict under the Zoning Ordinance of the City of Lakewood.
The pravisions of this section shall not apply► to motor vehicles
operating on public rights of way; any bel1 or chime or any device for
the productifln or reproductian of the sound of bells ar chimes from
any church, clock or school; the loading of any truck; dvmestic power
equipment except as prvvided in Section 9.52.240, and commercfal
pawer eyuipment except as provided in Sectivn 9.52.210.
' 9.52.160 CDNSTRUCTIQN ACTIVITIES. Except as otherwise pravided
in this ordinance, no person shall ehgage in, cavse or permit any persvn
to be engaged in constructian activities in any resfdential vr commercia1
district betwe+en the haurs of 9 p.m. of 4ne day and 6 a.m. of the
follawing day.
,
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June 27, 1974
Ord 0-73-70
Page 7
Construction projects shall be subject to the maxlmum permissible
noise level specified for industrial districts for the periods within
which construction is to be completed pursuant to any applicable
building permit.
Construction activities directly connected with the abatement
of an emergency are excluded from the provisions of this section.
9.52.170 ENCLOSED PLACES OF PUBLIC ENTERTAINMENT. The operat-
ing, or permitting to be operated of any sound amplifying equipment or
,>ther noise source in any enclosed place of public entertainment shall be
subject to the fo]]owing provisions. When individuals are subjected to
sound levels and exposure durations exceeding those shown in Table B.
when measured on a sound level meter of standard design and operated on
the "A" weiqhting network, feasible administrative or engineering controls
shall be utilized to protect against the effects of such noise exposure.
T A B L E B
Duration per day, hours Sound ievel dBA slow response
8 90
6 92
4 95
3 97
2 100
1 1/2 102
1 105
1/2 110
1/4 or less 115
9.52.180 VEHICLE REPAIRS OR TESTING. The repairing, bui'lding,
rebuilding, or testinq of any truck, automobile, motorcycle or ather
motor vehicle within the City shall be subject to the maximum permissible
sound pressure level for the district in which the source is located.
9.52.190 MACHINERY, EQUIPMENT, FANS AND AIR CONDITIONERS. Operat-
ing any machinery, equipment, pump, fan, air conditioning apparatus or
similar mechanical device within the City shall be subject to the maxi-
mum permissible sound pressure level for the district in which the
source is located.
9.52.200 DOMESTIC POWER EQUIPMENT. No person shal] operate or-
permit to be operated on-private property or on the public way within
any residential'or commercial district(s) any power equipment rated
five (5) horsepower or less and used for home or building repair or
grounds maintenance between the hours of 10 p.m. of one day and 7 a.m.
of the next day or operate or permit to be operated between the hours
of 7 a.m. and 10 p.m, any such power equipment which emits a noise
ne 27, 1974
Ord 0-73-70
Page 8
sound pressure level in excess of eighty (80) decibeis in the "A"
weighting network dB(A). Such power equipment shall include, but not
be limited to, lawn mvwers, qarden tavls, snaw removal'equipment,
electric or chain saws or any,other pawer equipment used fvr home or
building repair or graunds maintenance. Moise svund pressure levels
shall be measured at a distance of twenty-five {25} feet from the
noise saurce.
9.52.210 COMMERCIAL P4WER EQUIPMENT. No persQn shal] vperate Qn
any property within a residential or camercial district(s) or on any
public way within a residential or-cammerclal district(s), any power
equipment rated mare than five (5) hvrsepower, excluding constructian
equipment used for canstruction activities, sueh as but not limited to,
chain saws, pavement breakers, lvg chippers, riding tractors, powered
hand toals, between the hours of 10 p.m. of ane day and 7 a.m. of the
next day or within residential, commercial or 7ndustrial noise districts
between the hours of 7 a.m. and 10 p.m. which emits a naise level in
excess of eighty-eight (88) decibels, in the "A" weighting network
dB(A). Noise s4und pressure 7evels shall be measured at a distance
of twenty-five (25) feet from the noise s4urce.
SUBCHAPTER IV. AMPLIFIED SnUND
9.52,220 AMPLIFIED SaUND. (1) It shall be unlawful for any
person to install, use or operate a loudspeaker or sound amp?ifying
equipment in a fixed or movable position or attaehed to or mounted
upon any mator vehicle, within a Residential District vf the City af
LakewQVd, for the purpvses af qivinq instrvctions, directians, talks,
addresses or lectures, or for transmitting music or svund to any per-
sons or assemblages of persons; provided, hawever, that a permit as
described in Sectivn 9.52.230 may be applied for for activities such
as, but nat limited to, cancerts, speeches or lectures held in public
parks of the Ci ty.
(2) It shall be unlawful for any person t0 lnstall, use or
operate aloudspeaker or sound amp1ifying equ,ipment in a fixed or
mavabie positivn or attached to or mounted upon any motor vehicle,
within a Corrmercial or Industrial Di strict of the Ci ty vf Lakewood,
for th+e purpases of 4fving instructions, directions, talks, addresses
or lectures, or for transmitting music or sQUnd to any persons or
assemblages of persons withvut first obtaining a permit from the City
as described in Sectian 9,52.230.
(3) The provisians of this sectian sha11 not apply ta authorized
errergency vehicl es , as defi ned i n Secti on 10. 75. 020 of Lakewood Mun i-
cipal Cade 1912, when such authorized emergency vehicies are respond-
ing to an emergency ca1l or when in pursu3t of an actual or a
suspected violatvr of the law, or when responding to but nat upon
returning from a fire alarm.
■
. ~ - June 27, 1974
Ord 0-73-70
Page 9
(4) The provisions of this section shall not apply to any bell
or chime or any device for the production or reproduction of the
sound of bells or chimes from any church, clock or school.
9.52.230 PERMIT INFORMATION. An applicant for a permit shall
provide the following information:
(1) The name, address and telephone number of both the owner
and user of the sound amplifying equipment.
(2) The license number of the sound truck which is to be used;
(3) The general description of the sound amplifying equipment
which is to be used;
(4) Whether the sound amplifying equipment will be used for
commercial or non-commercial purposes; and
(5) The dates upon which, and the streets over which the
equipment is proposed to be operated.
9.52.240 PERMIT ISSUANCE. Said permit shall be issued unless the
City Clerk finds that the conditions of motor vehicle movement or pedes-
trian movement are such that the use of the equipment would constitute an
unreasonable interference with traffic safety, or that the applicant
far tbe permit cannot or will not comply with the provisions of
Section 9.52.250.
9.52.250 REGULATION GOVERNING SOUND AMPLIFYING EQUIPMENT. The
commercial and non-conimercial use of sound amplifying equipment shall
be subject to the following regulations:
(1) The sound amplifying equipment shall be operated only be-
tween the hours of 7:30 a.m. and 6 p.m. of each day.
(2) The maximum saund emanating from sound amplifying equipment
shall not exceed the siund prPSSUre ]evels established in
Section 9.52.150 ds measured at least 25 feet from the noise
source.
(3) In any event, the intensity of sound shall be so controlled
that it will not be unreasonably loud, raucous, annoying,
disturbing or a nuisance to any person or persons.
(4) The provisions of this section shall not apply to any bell
or chime or any device for the production or reproduction
of the sound of bells or chimes from any church, clock or
school.
e 27, 1974 ~
. C1-73-7f}
1'nc1r, 1(1
SECT I(lN 2. Sect i vn 10.03.050 af the La kewood Mun i cipa 1 Code 1972 i s
hereby amended to read as follows:
10.03.050 APPLICATIaN, This title sha11 apply to every street,
a1ley, sidewalk area, driweway, park and to every other public way or
pubiic parking area, either within or outside the eorparate limits of
this munieipality, the use of which t1his municipality has jurisdictivn
and authority to regulate. fihe provisions of Section 10.18.010, 10.18,020,
10.45.1201, 10. 57.080, 10.60.1609 10.60.170 and 10.69.030, of thi s
title, concerning careiess drYVing, reckless driving, unauthorized
devices, mufflers, vehicle noise, stationary vehicle naise, and acci-
dent investigativn, respectively, shail apply nat only to public places
and ways but also throughout this municipality. Additianally, the
provisivns of the sectivns regarding stopping, standing and parking,
where offiGiai signs are posted g7ving notice of stopping or standing,
parking or ather restrictions or prvhibitions as authorized in Sectibn
10.60.094 and described in traffic-cvntrvl schedules or official recvrds
as provided in Section 10.69.120 shail apply at a11 places within
this municipality provided that such official signs have been placed
w7th the permissian af the owner or person entitied ta possession of
other than public places and ways. For the purposes of this app1iea-
tivn, whenewer afficial traffic-control devices are piaeed in position
approximately conforming to the requirements of this title, sucM de-
vices shail be presumed to have been so placed by the official act
or direction af lawfu1 autharity and with the permission vf the owner
or person entitled tv possession of the area concerned, unless the
contrary shall be established by cvmpetent evidence.
SECTIfl►N 3, There is hereby added tv the Lakewood Municipal Code 1972
Section 10.57.080, which is tv read as follows:
10.57'.480 MUFFLERS--PREVENTION aF NOISE. (1) It shal l be un-
lawfuZ fvr any persan ta operate, or far the owner to eause or knowingly
permit the vperatiQn of any vehicle or cvmbination of wehicles, withih
this municipality,*Wh7ch'is not equapped with an adequate muffler in
evnstant operatiara and properly maintained tv prevent any unnecessary
noise, and nv such muffler or exhaust system shall be modified or used
with a cutaff, , b,ypass or simi lar devi ce. No person shaa l rriodi fy the ex-
haust system of a motar vehtc1e in a manner which will amplify or increase
the noi se ernitted by -the motar of such vehl c1 e above that emi tted by a
muffler of the type 8rigfnally installed on the wehicie.
(2) For the purposes of this section, the definitions contained in
Section 9.52.(]30 Qf the Lakewood Municipal Code shall be applicabl+e.
SECTION 4. There is hereby added tv the Lakewaod Municipal Cade 1972
Sectian 10.60.160, which is to read as fallows:
10.60.160 MUT4R VEHIGLE NOISE. (1) It shall he unlawfu1 far any
person ta► drive or move or for the vwner to cause or knowingly permit
to be driven or moved, within this municipality, any motor vehicle
_ J
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June 27, 1974
Ord 0-73-70
Paqe 11
which emits a noise sound pressure level in excess of the dB(A) esta-
blished by subparaqraphs (2) and (3) of this section. Noise from a
motor vehicle within the public right-of-way shall be measured at a
distance at least twenty-five feet from the near side of the nearest
traffic lane being monitored and at a height of at least four feet
above the immediate surrounding surface on a sound level meter of
standard desiqn and operated on the "A" weighting scale. Noise from
a motor vehicle which is located other than within the public
right-of-way shall be measured at a distance at least twenty-five
feet from said motor vehicle and at a height of at least four feet
above the immediate surrounding surface on a sound level meter of
type 2 or better, as specified in the American National Standards
Institute Publication S1.4-1971, or successor publications, and
operated on the "A" weighting network.
(2) Motor vehicles weighing less than 10,000 pounds, manufac-
turer's gross vehicle weight (GVW). Any motor vehicle with a weight
of less than 10,000 pounds, manufacturer's gross vehicle weight (GVW),
or any combination of motor vehicles towed by such motor vehicle shall
not emit a noise sound pressure level in excess of 80 decibels in the
"A" weighting network dB(A).
(3) Motor vehicles weighing 10,000 pounds or more, manufacturer's
gross vehicle weight (GVW). Any motor vehicle which weighs 10,000
pounds or more, manufacturer's gross vehicle weight (GVW), or any com-
bination of motor vehicles towed by such motor vehicle shall not emit
a noise sound pressure level in excess of 88 decibels in the "A"
weighting network dB(A).
(4) Subparagraphs (2) and (3) of this section shall apply only
to vehicles traveling on streets with a posted speed limit of forty-
five (45) miles per hour or less.
(5) For the purposes of this section, the definitions contained in
Section 9.52.030 of the Lakewood Municipal Code 1972 shall be applicable.
SECTION 5. There is hereby added to the Lakewood Municipal Code
1972 Section 10.60.170, which is to read as follows:
10.60.170 STANDING MOTOR VEHICLES. (1) It shall be unlawful
for any person to operate or cause or knowingly permit to be operated
any motor of a motor vehicle which weighs 10,000 pounds or more,
manufacturer's gross vehicle weight (GVW), or any combination of
motor vehicles towed by such motor vehicle, which remains stationary
for a consecutive period longer than five minutes when such a vehicle
is in a residential district.
(2) For the purposes of this section, the definitions contained in
Section 9.52.030 of the Lakewood Municipal Code 1972 shall be applicable.
ie 27, 1974 ~ -
J 0-73-70
Page 12
SECTION 6. There is hereby added to the Lakewood Municipal Code 1972
Section 10.60.180, which is to read as follows:
10.60.180 HORNS AND SIGNALLING DEVICES. No person shall
sound any horn or signalling device on any truck, automobile,
motorcycle, or other vehicle on any street or highway within
this municipality, except as a danger warning, and then only
for a reasonable period of time.
SECTION 7. Undue Hardshi Applications for a permit for relief
from the sound pressure leveis Lsignated in this ordinance, or regulations
designated in this ordinance, on the basis of undue hardship, may be made to
the City Clerk. Any permit granted by the City Clerk hereunder shall
contain all conditions upon which said permit has been granted and shall
specify a reasonable time that the permit shall be effective. The City
Clerk may grant the relief as applied for only if he finds:
(1) That additional time is reasonably necessary for the
applicant to alter or modify his activity or operation
to comply with th9s ordinance; or
(2) That the activity, operation, or noise source will be
of temporary duration, and cannot be done in a manner
that would comply with this ordinance; and
(3) That no other reasonable alternative is available to
the applicants.
(4) The City Administrator may prescribe any reasonable con-
ditions or requirements he deems necessary to minimize
adverse effects upon a community or the surrounding
neighborhood.
SECTION 8. Rules and yReeulations. The City Administrator is hereby
authorized to adopt and promate rufies and regulations deemed necessary
for•the proper and effective enforcement of the provisions of this ordinance.
Such rules and regulations shall be corisistent with the provisions of this
ordinance and the standards established herein.
SECTION 9. Emerqencies. Noise caused in the performance of emergency
work for the immediate safety, health or welfare of the community or indivi-
duals of the community, br to restore property to a safe condition following
a public calamity shall not be subject to the provisions of this ordinance.
SECTION 10. Additional Remed~-In'unction. As an additional remedy, and
not in lieu of any other remedy avail e under the Lakewood Municipal Code
1972 or otherwise, the operating or maintaining of any noise source in viola-
tion of any provision hereof and which causes discomfort or annoyance to rea-
sonable persons of normal sensitiveness or which endangers the comfort, repose,
health or peace of residents in the area shall be deemed and is declared to
be a public nuisance and may be subject to abatement by a restraining order or
injunction issued by a court of competent jurisdiction.
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„jne 27, 1974
Ord 0-73-70
Page 13
SECTION 11. Enforcement Personnel. In addition to the employees and
officers regularly required to enforce City ordinances generally, the City Ad-
ministrator shall assign duties of enforcement to personnel trained in noise
control techniques and procedures and equipped with calibrated sound level meters.
SECTION 12. Method of Enforcement of the Ordinance (1) Violation of
this ordinance in wFich the noise source 3s not seff-propelled, or if self-
propelled, not customarily used or designed for transportation upon a public
right-of-way, shall be cause for summons and complaint to be issued forth-
with; provided, however, that in lieu of surrmons and complaint enforcement
personnel may issue a 24-hour notice, or other reasonable amount of time
not to exceed five days, signed by the City Administrator or his duly
authorized representative, in writing, which may be served personally or
by certified mail to the last known address of the person to whom
addressed, with return receipt requested, directed to the owner, occupant,
person or persons in charge of or in control of the machine, device, build-
ing or other premises to abate said violation of this ordinance. Failure
to-comply with the order so issued and served shall constitute a violation
of this ordinance.
(2) Violation of this ordinance in which the noise source is a motor
vehicle as defined in this ordinance shall be cause for summons and complaint
to be issued forthwith. This subparagraph (2) shall not apply to machines or
devices not customarily used or designed for transportation.
SECTION 13. Severabilit . If any section, subsection, sentence,
clause, phrase or portion ofthis ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the renaining portions hereof.
SECTION 14. This ordinance shall take effect thirty (30) days after
final publication.
INTRODUCED, READ AND PASSED on first reading at a regular meeting of
the City Council on July 9, 1973; ordered published in f'ull in the Lakewood
Sentinel and Public Hearing and consideration on final passage set for
July 23, 1973, at 7 o'clock p.m. at Lakewood City Hall, 1580 Yarrow Street,
Lakewood, Colorado.
PASSED, as amended, by a vote of 9 for and 0 against at a regular
meeting of the City Council on final consideration July 23, 1973, at 7 o'clock
p.m. at Lakewood City Hall, 1580 Yarrow Street, Lakewood, Colorado.
James J. Richey, Mayor
ATTEST :
3ean L.koger5 ,Oty Cleric
State of Washington
Department of Ecology
MODEL
NOISE ORDINANCE
Olympia, Washington 98504
(206) 753-6867
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This Model Noise Ordinance is intended to be used as a
guideline for cities and counties in the State of Washington
implementing their own noise ordinances. Over 65 counties
and cities in the State of Washington have recognized that
a local noise problem exists and have expressed a need for
adequate noise control. The provisions for noise abatement
that are included in this Model Noise Ordinance are intended
to cover most types of noise problems prevalent throughout
the State. Each individual ordinance should be tailored to
control the particular types of noise problems experienced
throughout the community. Each community may wish to use
only a portion of these provisions or add provisions not
covered by this Model Ordinance.
The principal requirements by the Washington State Noise
Control Act of 1974 (Chapter 70.107 RCW) regarding city and
county noise ordinances are that they be consistent with the
State noise standards including those limits specified in
Chapters 173-60 WAC and 173-62 WAC.
A local city or county government may impose limits or con-
trol sources differing from those adopted or controlled
by the State upon finding that such requirements are neces-
sitated by special local conditions. No such noise limiting
requirements of local government shall be valid unless first
approved by the State.
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TABLE OF CONTENTS
SHORT TITLE
ARTICLE I DECLARATION OF FINDINGS AND POLICY
ARTICLE II DEFINITIONS AND STANDARDS
Section 2.1 Terminology and Standards
Section 2.2 Definitions
ARTICLE III AGENCIES
Section 3.1 Environmental Protection Office(r) (EPO)
Section 3.2 Compliance with Other Laws
Section 3.3 Departmental Approval
Section 3.4 Project Approval
ARTICLE IV RESPONSIBLITIES AND DUTIES
Section 4.1 Responsibilities of Environmental
Protection Of f ice (r )
Section 4.2 Duties of Environmental Protection
Office (r)
ARTICLE V NOISES PROHIBITED
Section 5.1 General Prohibitions
Section 5.2 Specific Prohibitions
ARTICLE VI MOTOR VEHICLE NOISE LEVELS
Section 6.1 Maximum Permissible Motor Vehicle
Noise Levels
Section 6.2 Maximum Noise Levels for New Motor
Vehicles
Section 6.3 Exemptions
Section 6.4 Enforcement
ARTICLE VII DESIGNATION OF ENVIRONMENTS
Section 7.1 Environmental Designations for Noise
Abatement--Definition
Section 7.2 EDNA--Land Use Zoning Classifications
ARTICLE VIII NOISE LEVELS BY LAND USE
Section 8.1 Maximum Permissible Environmental
Sound Levels
Section 8.2 Deviations
Section 8.3 Daytime Exemption
Section 8.4 Nighttime Exemption
Section 8.5 Exemptions Other Than Residential
Section 8.6 Other Exemptions
Section 8.7 Proviso
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TABLE OF CONTENTS (Continued)
ARTICLE IX LAND USE
Section 9.1 Presumptive Evidence nf Sound Levels
Section 9.2 ReSidential Land Use
Section 9.3 New Road Constructian
Section 9.4 Zoning ar Comprehensive Plans and
Changes
Section 9.5 Truth in Selling and Renting
ARTICLE X EXEMP'FIONS AND PERMITS
Section 10.1 Emergency Exceptivn
Section 10.2 Permit Issuance
Section 10.3 Temporary Variances for mime tp CQmply
ARTICLE XI N[7ISE INSULATIC?N STANDARDS FC}R BUILUINGS
ARTICLE XII ADAITIONA,L FRC3VISIUNS
Section 12.1 Penalties
Section 12.2 Addi.tivnal Remedy--Injunction
Section 12.3 Severability
Section 12.4 Contracts
Section 12.5 Implementation of Pre-Emptive Federal
and State Laws, Regulations and
Standards
Section 12.6 Purchase of Eguipment
Section 12.7 Violations
AFPENDIX A Steps Taward Enactment of A Noise C7rdinance
APPENDIX B Naise CQntrol Act of 1974 (Chapter 70.107 RCW)
APFENDIX G Motor Vehicle Nfl3.Se Performance Standards
(Chapter 173-62 WAC)
APPENI3IX D Maximum Enviranmental Naise Levels
(Chapter 173--6(} WAC)
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Model Noise Ordinance
SHORT TITLE
This ordinance may be cited as the "Noise Ordinance of
the City (of County) of "
ARTICLE I DECLARATIONS OF FINDINGS AND POLICY
WHEREAS environmental noise is a serious hazard to the
public health and welfare and the quality of life; and
WHEREAS a substantial body of science and technology
exists by which noise may be substantially abated; and
WHEREAS each person has a right to an environment free
from noise that may jeopardize his health or welfare or
degrade the quality of life; and
NOW, THEREFORE, it is the policy of this city (county)
to prevent noise which may jeopardize the health or welfare
of its citizens or degrade the quality of life.
ARTICLE II DEFINITIONS AND STANDARDS
Section 2.1 Terminology and Standards.
All acoustical-scientific terminology used in this
ordinance, not defined below, shall be conformance with
applicable publications of the American National Stand-
ards Institute (ANSI ) .
Section 2.2 Definitions.
"Ambient Sound Level" means the background level of all
sound in a given EDNA independent of the specific
source being measured. The A-weighted sound pressure
level exceeded 90 percent of the time based on a one-
hour period.
"dBA" means the sound pressure level in decibels meas-
ured using the "A" weighting network on a sound level
meter as specified in the American National Standards
Institute Specifications S 1.4-1971 for sound level
meters. A decibel is a unit of sound, based on a
logarithmic scale, of the ratio of the magnitude of
a particular sound pressure to a standard reference
pressure of 20 micropascals.
"~jynamic Braking Device" means a device used, primarily
on trucks, to convert the motor from an internal com-
bustion engine to an air compressor for the purpose of
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vehicle braking without the use of wheel brakes. Also
known as a "Jake brake."
"EDNA" means the environmental designation for noise
abatement, being an area or zone (environment) within
which maximum permissible noise levels are established.
"Emergencx Work" means work made necessary to restoro
property to a safe condition following a public cala-;[I-
ity, or work required to protect persons or property
from an imminent exposure to danger.
"Emergency Vehicle" means a motor vehicle used in
response to a public calamity or to protect persons or
property from an imminent exposure to danger.
"Gross Vehicle Weight Rating (GVWR)" means the value
spec fied by the manufacturer as the loaded weight of a
single vehicle.
"Gross Combination Weight Rating (GCWR)" means the
value speciiied by the manufacturer as the loaded
weight of a combination vehicle.
"Motor Vehicle" means any vehicle which is self-
propelea, used primarily for transporting persons or
property upon public highways and required to be
licensed under RCW 46.16.010. (Airplanes, water craf t
and vehicles used exclusively on stationary rails or
tracks are not motor vehicles as that term is used
herein.)
"Motorcycle" means any motor vehicle having a saddle
for the use of the rider and designed to travel on not
more than three wheels in contact with the ground,
except such vehicles powered by engines not to exceed
five horsepower and farm tractors.
"Muffler" means a device consisting of a series of
chambers or other mechanical designs for the purpose of
receiving exhaust gas from an internal combustion
engine and effective in reducing noise resulting there-
from.
"New Motor Vehicle" means a motor vehicle manufactured
after December 31, 1975, whose equitable or legal title
has never been transferred to a person, who in good ~
faith, purchases the new motor vehicle for purposes
other than resale.
"Off-Hi hway Vehicle" means any self-propelled vehicle
not useg primarily for transporting persons or property
upon public highways nor required to be licensed under
RCW 46.16.010.
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"Noise" means the intensity, duration and character of
sounds, from any and all sources.
"Noise Disturbance" means any sound which annoys,
disturbs, or perturbs reasonable persons with normal
sensitivities; or any sound which injures or endangers
the comfort, respose, health, hearing, peace, or safety
of other persons.
"Person" means any individual, corporation, partner-
ship, association, governmental body, state agency or
other entity whatsoever.
"Powered Model Vehicles" means any powered vehicles,
either airborne, waterborne, or landborne, which are
designed not to carry persons or property such as, but
not limited to, model airplanes, boats, cars, rockets,
and which can be propelled by mechanical means.
"Property Boundary" means an imaginary line exterior to
any enclosed structure, at ground surface, which
separates the real property owned by one person from
that owned by another person, and its vertical extension.
"Public Space" means an area which is owned or con-
trolled by a public governmental entity and maintained
for the use of the general public.
"Public HiqhwaY" means the entire width between the
boundary lines of every way publicly maintained by the
Department of Highways or any county or city when any
part thereof is generally open to the use of the public
for purposes of vehicular travel as a matter of right.
"Receiving Property" means real property at the bound-
aries of which the maximum permissible noise levels
specified herein shall not be exceeded from sources
outside such property.
"Recreational Vehicle: means any self-propelled vehicle,
excluding aircraft, watercraft and trains, when oper-
ated off public highways for recreational purposes.
"Sound Level Meter" means a device which measures sound
pressure levels and conforms to Type 1 or Type 2 as
specified in the .American National Standards Institute
publication S 1.4-1971.
"Sound Level" means a weighted sound pressure level
measured by use of a sound level meter using an "A"
weighted network and reported as dBA.
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"Watercraft" means any contrivance, excluding aircraft,
used or capable of being used as a means of transpor-
tation or recreation on water.
ARTICLE III AGENCIES
Section 3.1 Environmental Protection Office(r).
The noise control program required by this ordinance
shall be administered by the [Environmental Protection
(Noise Abatement) Office (r) (EPO/NCO) which can be any
c ity ( county ) agency ( agent ) so des ignated
Section 3.2 Compliance with other laws.
All departments engaged in any activities which result
or may result in the emission of noise, shall comply
with federal and state laws and regulations, as well as
the provisions of this ordinance, respecting the con-
trol of noise to the same extent that any person is
subject to such laws and regulations.
Section 3.3 Departmental Approval.
Al1 departments shall cooperate with the Environmental
Protection (Noise Abatement) Office (r) to the fullest
extent in enforcing the noise regulations of this
ordinance.
Section 3.4 Project Approval.
Each department, whose duty it is to review and approve
new projects, or changes to existing projects, that
result, or may result, in the emission of noise, shall
consult with the Environmental Protection (Noise Abate-
ment) Office(r) prior to any such approval.
ARTICLE IV DUTIES OF THE ENVIRONMENTAL PROTECTION (NOISE
CONTROL) OFFICER EPO/NCO
Section 4.1 The Responsibilities of the Environmental
Protection Officer shall include:
(1) Develop, recommend to , and promul-
gate standards, testing methods and procedures. Such
testing methods and procedures shall be incorporated
into a Code of Recommended Practices (the terms of
which shall have the same force and effect as if they
were enacted as provisions of this ordinance).
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(2) Delegate functions, where appropriate under this
ordinance, to personnel within the (Noise Control
Office) (subject to the approval of
(3) Evaluate and report every year(s) following
the effective date of this ordinance, on the effec-
tiveness of the city noise control program and make
recommendations for any (legislative and/or budgetary)
changes necessary to improve the program. This report
shall be made to the which may amend it
after consultation with the NCO, and then submit it to
the , for approval.
(4) (a) Inspect for acts that constitute "tampering"
with noise control devices or systems under municipal,
State or Federal law; and (b) Make recommendations for
changes to this ordinance so that it is consistent with
all preemptive state and federal regulations, and
provide for effective enforcement of those changes.
(5) Investigating citizen complaints of violations of
this ordinance, and making all necessary inspections
and observations upon reasonable cause with presenta-
tion of proper credentials and pursue violations to the
extent allowed by law.
(6) Conduct programs of public education regarding;
(a) the causes, effects, and general methods of abate-
ment and control of noise and vibration; (b) the
actions prohibited by this ordinance and the procedures
for reporting violations; and (c) encourage the parti-
cipation of public interest groups in related public
information efforts.
(7) Enlisting cooperation by the public and civil,
technical, scientific, and educational groups.
(8) Conducting or participating in studies, research
and monitoring relating sound, noise and vibration,
including joint cooperative investigation with public
or private agencies; and the application for, and
acceptance of grants and contracts, with the approval
of .
(9) Advising, consulting, and cooperating with any
public or private agency to implement the purposes of
this ordinance.
(10) Develop a generalized sound exposure map of the
city, a long-term plan for achieving quiet in the city,
and (with the approval of integrate
this plan into the planning process of the city.
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(11) Study the existing system of truck routes within
the community; determine areas with sensitivity to
sound and vibration which are impacted by trucks;
recommend changes or modifications to the truck routes
to minimize the sound and vibration impact on resi-
dential areas and quiet zones.
(12) Prepare recommendations, to be approved by
, for the designation of quiet zones which
contain noise sensitive activities. Existing quiet
zones shall be considered noise sensitive zones until
otherwise designated. Noise sensitive activities
include, but are not limited to, operations of schools,
libraries open to the nubl ic , chu.__ ches , hos-pita l s, anc?
nursing homes.
Section 4.2 Duties. The authorities of the Noise
Control Officer shall include:
(1) The issuance of warnings and citations of viola-
tion.
(2) Upon presentation of proper credentials, enter
and/or inspect any private property, place, report, or
records at any reasonable time when granted permission
by the owner, or by some other person with apparent
authority to act for the owner. When permission is
refused or cannot be obtained, a search warrant may be
obtained from a court of competent jurisdiction upon
showing of probable cause to believe that a violation
of this ordinance may exist. Such in5pection may
include administration of any necessary tests.
Stop any motor vehicle, motorcycle, or motorboat oper-
ated on a public right-of-way, public space, or public
waterway reasonably suspected of violating any provi-
sion of this ordinance, and issue a notice of violation
or abatement order which may require the motor vehicle,
motorcycle, or motorboat to be inspected or tested as
the NCO may reasonably require.
(3) The granting of variances, according to procedures
specified in section 10.3.
(4) The requiring of an owner or operator of a sound
source to have sound emissions measured in accordance
with rules and procedures, and at such times and loca-
tions as the NCO may find acceptable, if such measure-
ments cannot regularly be performed by the NCO or his
agent.
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(5) The requiring of an owner or operator of a sound
source to establish and maintain records, books, and
papers pertinent to matters under investigation, and
making of reports as the EPO/NCO may reasonably
prescribe.
(6) The reviewing of any permit, license, petition,
zone change, or other similar document, subject to
review by city personnel, wherein a noise disturbance
may be a factor, for compliance with the intent and
provisions of this ordinance.
(7) The recommendation of revocation of license or
permit to the appropriate city and to the
City Council when violations of this ordinance have
occurred.
(8) The reviewing of city department procurement
specifications of capital purchases for products for
which sound and noise may be a factor.
(9) Coordinate the noise control activities of all
municipal departments and cooperate where practicable
with all appropriate municipal, county, state, and
federal agencies to best implement the purposes of this
ordinance and, where appropriate, enter into contracts
(with the approval of ) for the provision of
technical and enforcement services.
ARTICLE V NOISES PROHIBITED
Section 5.1 General Prohibitions.
It shall be unlawful for any person to make, continue,
or cause to be made or continued or caused any prohib-
ited, excessive, or unusally loud noise, create a noise
distrubance or to exceed the maximum permissible noise
levels specified in Articles 6 and 8 within the limits
of the city (county) of .
Section 5.2 Specific Prohibitions.
The following acts, among others, are declared to be
loud, disturbing, and excessively noisy in violation of
this ordinance, but said enumeration shall not be
deemed exclusive, namely:
Using or operating any mechanical or electronic device
or loudspeaker in a fixed or movable position exterior
to any building, or mounted upon any motor vehicle,
aircraft, or motorboat for commercial or business adver-
tising purposes or for the purpose of attracting
attention to any performance, show, or sale or display
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of inerchandise, where the sound therefrom may be heard
upon any public street, park, or place. Nothing in thi_s
section is intended to prohibit incidental sounds
emanating from a sporting or entertainment or a ptzb_l.i_c
event for which a permit has beeiz issuecl o
Selling anything by outcry within an area of the
zoned primarily for residential uses, except by permi
Owning, keeping, possessing, or harboring any animal
which by frequent or habitual howling, barking, or
other noisemaking, causes noise disturbance. The pro-
visions of this section shall also apply to all pr? vat
or public facilities, including any animal pounds,
which hold or treat animals.
Repairing, rebuilding, modifying, or testing any motor
vehicle, off-road vehicle, motorboat in or near a
residential use district in such a manner as to cause
noise disturbance or violate the provisions of Article
VIII.
Operating, or permitting to be operated, any loud-
speaker or other source of sound in any place of public
entertainment which produces maximum levels of
dBA at any point that is normally occcupied by a per-
son, without a conspicuous and legible sign located
outside such place, near the entrance, stating "WARNING:
SOUND ENVIRONMENT WITHIN MAY CAUSE PERMANENT HEARING
IMPAIRMENT."
Operating or permitting the operation of any motor
vehicle racing event at any place except an authorized
track and in a manner approved by the (city or county
manager) Environmental Protection Officer, or his
designated representative to minimize noise disturb-
ance.
Operating, or causing the operation of, any motorboat
in any lake, river, stream, or other waterway in such a
manner as to violate the provisions of Article VIII.
Creating any unnecessary or unusually loud noise within
the vicinity of any school or other institution of
learning, hospital, nursing home, court, or other
designated area where exceptional quiet is necessary,
while the same are in use, provided conspicuous signs
are displayed in adjacent or contiguous streets, indi-
cating that the same is a quiet zone.
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ARTICLE VI MOTOR VEHICLE NOISE LEVELS
Section 6.1 Maximum Permissible Motor Vehicle Noise Levels
on Public Right-of-way.
No person shall operate any motor vehicle upon any
public highway or any combination of such vehicles
under any conditions of grade, load, acceleration, or
deceleration in such a manner as to exceed the fol-
lowing maximum permissible sound levels for the cate-
gory of vehicle, as measured at a distance of 50 feet
from the center of the lane of travel within the speed
limits specif ied, under procedures established by the
state commission on equipment.
TABLE 1
MOTOR VEHICLE NOISE PERFORMANCE STANDARDS
Vehicle Category 35 mph or less over 35 mph
r Motor vehicles over
10,000 lbs GVWR or GCWR 86 dBA 90 dBA
Motorcycles 80 84
Al1 other motor
vehicles 76 80
Section 6.2 Maximum Noise Levels for New Motor Vehicles.
(1) Every motor vehicle operated upon the public
highways shall at all times be equipped with a muffler
in good working order and constant operation.
(2) No person shall operate a motor vehicle in such a
manner as to cause or allow to be emitted squealing,
screeching, or other such noise from the tires in con-
tact with the ground because of rapid acceleration or
excessive speed around corners or other such reason,
except that noise resulting from emergency braking to
avoid imminent danger shall be exempt from this
provision.
(3) No person shall sell or offer for sale a NEW MOTOR
VEHICLE except an off-highway vehicle, which produces a
maximum noise exceeding the following noise levels at a
distance of 50 feet under acceleration test procedures
established by the state commission on equipment.
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TABLE 2
MAXIMUM NOISE LEVELS FOR NEW MOTOR VEHICLES
Motorcycles manufactured after 1975 83 dBA
Any motor vehicle with GVWR or GCWR
or 10,000 pounds or more manufactured
after 1975 and prior to 1977 86 dBA
Any motor vehicle with GVWR or GCWR
of less than 10,000 pounds manufac-
tured after 1975 80 dBA
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Section 6.3 Exemptions.
The provisions of this Article shall not apply to noise
caused by auxiliary equipment on motor vehicles used
for highway maintenance, nor to noise caused in the
performance of emergency work for the immediate safety,
health or welfare of the community or of individuals of
the community, or to restore property to a safe condi-
tion following a public calamity.
Section 6.4 Enforcement.
Violation of any motor vehicle noise standard set forth
in this article shall be a misdemeanor, enforced by
such authorities and in such manner as violations of
chapter 46.37 RCW.
ARTICLE VII DESIGNATION OF ENVIRONMENTS
Section 7.1 Environmental Designations for Noise Abatement.
Environmental Designations for Noise Abatement (EDNA)
are hereby declared. They are based primarily on the
zoning ordinance but also take into consideration the
present, future, and historical usage, as well as the
usage of adjacent and other lands in the vicinity.
Designation of such EDNA's are based on the following
typical uses:
(1) Class A EDNA - Lands where human beings reside and
sleep. Typically, Class A EDNA will be the fol-
lowing types of property used for human habitation:
(a) Residential
(b) Multiple Family Living Accommodations
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(c) Recreational and Entertainment, (e.g., camps,
parks, camping facilities, and resorts.)
(d) Community Service, (e.g., orphanages, homes ,
for the aged, hospitals, health, and correc-
tional facilities.)
(2) Class B EDNA - Lands involving uses requiring
protection against noise interference with speech.
Typically, Class B EDNA will be the following
types of property.
(a) Commercial Living Accommodations
(b) Commerical Dining Establishments
(c) Motor Vehicle Services
(d) Retail Services
(e) Banks and Office Buildings
(f) Miscellaneous Commercial Services, property
not used for human habitation.
(g) Recreation and Entertainment, property not
used for human habitation (e.g., theaters,
stadiums, fairgrounds, and amusement parks.)
(h) Community Services, property not used for
human habitation (e.g., educational, reli-
gious, governmental, cultural and recrea-
tional facilities.)
(3) Class C EDNA - Lands involving economic activities
of such a nature that higher noise levels than
experienced in other areas is normally to be
anticipated. Typically, Class C EDNA will be the
following types of property:
(a) Storage, Warehouse, and Distribution Facilities
(b) Industrial property used for the production
and fabrication of durable and nondurable
man-made goods.
(c) Agricultural and Silvicultural property used
for the production of crops, wood products,
or livestock.
Section 7.2
The following land use zoning classifications as des-
cribed in Ordinance No. are hereby assigned the
EDNA classifications below.
ZONE EDNA
(i.e.,) R1, R2, Cl Class A
Class B
Class C
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ARTICLE VIII NOISE LEVELS BY LAND USE
Section 8.1 Maximum Permissible Environmental Noise Levels.
No person shall cause or permit noise to intrude into
the property of another person which noise exceeds the
maximum permissible noise levels set forth below in
this section, with the point of ineasurement being at
the property boundary of the receiving property or
anywhere within. The noise limitations established are
as set forth in the following table after any appli-
cable adjustments provided for herein are applied.
TABLE 1
MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS
EDNA of NOISE SOURCE EDNA OF RECEIVING PROPERTY
Class A Class B Class C
Class A 55 dBA 57 dBA 60 dBA
Class B 57 60 65
Class C 60 65 70
Section 8.2 Deviations.
The following deviations from the maximum permissible
noise levels are permitted:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the
noise limitations of the foregoing table shall be
reduced by 10 dBA for receiving property within Class A
EDNA's.
(2) At any hour of the day or night the applicable
noise limitations in Table 1 and the nighttime restric-
tions above may be exceeded for any receiving property
by no more than;
(a) 5 dBA for a total of 15 minutes in any
one-hour period; or
(b) 10 dBA for a total of 5 minute in any ~
one-hour period; or
(c) 15 dBA for a total of 1.5 minutes in any
one-hour period.
Section 8.3 Daytime Exemption.
The following shall be exempt from the provisions of
Section 8.1 between the hours of 7:00 a.m, and
10:00 p.m.:
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(1) Sounds originating from residential property
relating to temporary projects for the maintenance or
repair of homes, grounds and appurtenances.
(2) Sounds created by the discharge of firearms on
authorized shooting ranges.
(3) Sounds created by aircraft engine testing and
maintenance not related to flight operations, PROVIDED,
that aircraft testing and maintenance shall be con-
ducted at remote sites whenever possible.
(4) Sounds created by the installation or repair of
essential utility services.
(5) Sounds created by blasting.
Section 8.4 Nighttime Exemption.
The following shall be exempt from the provisions of
Section 8 . 2 (1) :
(1) Noise from electrical substations and existing,
stationary equipment used in the conveyance of water by
a utility.
(2) Noise from existing industrial installations which
exceed the standards contained in these regulations and
which, over the previous three years, have consistently
operated in excess of 15 hours per day as a consequence
of process necessity and/or demonstrated routine normal
operation. Changes in working hours, which would
affect exemptions under this regulation, require
approval of the EPO/NCO and the State.
Section 8.5 Exemptions Other Than Residential.
The following shall be exempt from the provisions of
Section 8.1, except insofar as such provisions relate
to the reception of noise within Class A EDNA's between
the hours of 10:00 p.m, and 7:00 a.m.
(1) Sounds originating from temporary construction
sites as a result of construction activity.
(2) Sounds originating from forest harvesting and
silvicultural activity.
Section 8.6 Other Exemptions.
The following shall be exempt from all provisions of
8.1.
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(1) Sounds created by motor vehicles when regulated by
Article 6.
(2) Sounds originating from aircraft in flight and
sounds that originate at airports which are directly
related to flight operations.
(3) Sounds created by surface carriers engaged in
interstate commerce by railroad.
(4) Sounds created by warning devices not operating
continuously for more than five minutes, or bells,
chimes, and carillons.
(5) Sounds created by safety and protective devices
where noise suppression would defeat the intent of the
device or is not economically feasible.
(6) Sounds created by emergency equipment and work
necessary in the interests of law enforcement or for
health, safety, or welfare of the community.
(7) Sounds originating from motor vehicle racing
events at existing, authorized facilities.
(8) Sounds originating from officially sanctioned
parades and other public events.
(9) Sounds from existing refrigeration equipment for
preservation of retail food goods.
(10) Sounds emitted from petroleum refinery boilers ~
during startuE of said boilers; PROVIDED, that the
startup operation is performed during daytime hours
whenever possible.
(11) Sounds created by watercraft.
(12) Sounds created by the discharge of firearms in the
course of hunting.
(13) Sounds caused by natural phenomena and unamplified
human voices.
(14) Sounds caused by motor vehicles, licensed or
unlicensed, when operated off public highways, EXCEPT
when such sounds are received in Class A EDNA's.
Section 8.7 Proviso.
Nothing in these exemptions is intended to preclude the
EPO/NCO from requiring installation of the best avail-
able noise abatement technology consistent with economic
feasibility.
-17-
~
ARTICLE IX LAND USE
Section 9.1 Presumptive Evidence of Sound Levels.
For the purpose of this article, sound levels, noise
exposure levels and contours identif ied for any air-
port, highway, or other facility or area pursuant to
guidelines of the Federal Aviation Administration,
Federal Highway Administration, U.S. Environmental
Protection Agency, or any other appropriate Federal or
State agency and contained in any report or environ-
mental impact statement prepared by or for said agencies
shall constitute presumptive evidence of the sound
exposure values which are, or are projected to be,
created by such airport, highway, or other facility or
area.
Section 9.2 Residential Land Use.
No new residential construction for resale, either
single or muiltiple family, shall be approved if the
exterior noise level at the residence exceeds the
limits specif ied in Table 1 of Article VIII at any
point in the proposed site. For multistory buildings,
the appropriate height shall be used. Approval shall
be denied construction in Zone 3 around airports.
Section 9.3 New Road Construction.
No plans for new roads or highway construction or
expansion of the capacity of existing roads or highways
will be approved for location in or near residential
areas, regardless of the source of project funds,
unless such plan includes all control measures neces-
sary to insure that the projected sound level due to
vehicles operating on the completed roadway does not
exceed dBA at any point on residential property
within 20 years after the expected completion of the
project.
Section 9.4 Zoning or Comprehensive Plans and Changes.
(1) No new zoning or comprehensive plan shall be
approved unless such plan includes a sound analysis
which (a) identifies existing and projected noise
sources and associated sound levels for years in
and around the area under consideration, and
(b) insures usage of adequate measures to avoid viola-
tion of any provision of this ordinance.
(2) No zoning change shall be approved unless the site
feasibility study submitted, as required by the (Plan-
ning Commission/ for a zoning
change application contains a sound analysis which
-18-
shows (a) the impact of existing and projected noise
sources for years on the intended use, and
(b) the projected noise impact of the intended use,
when completed, on surrounding areas. Such site studies
shall insure the use of adequate measures to avoid
violation of any provision of this ordinance.
Section 9.5 Truth in Selling or Renting.
No person shall sell or rent, or cause to be sold or
rented, any structure to be used for human habitation,
where the structure is situated on property exposed to
sound levels regularly in excess of dBA, without
making full written disclosure to all potential buyers
or renters of the existence of such sound levels and of
the nature of the sources. The NCO/EPO shall develop a
standard format for written disclosures, which shall
include information on the effects of noise on human
health and welfare.
ARTICLE X EXEMPTIONS AND PERMITS
Section 10.1 Emergency Exemption.
Noise caused in the performance of emergency work for
the immediate safety, health, or welfare of the com-
munity or individuals of the community, or to restore
property to a safe condition following a public calam-
ity shall not be subject to the provisions of this
ordinance. Nothing in this section shall be construed
to permit law enforcement, ambulance, fire, or other
emergency personnel to make excessive noise in the
performance of their duties when such noise is clearly
unnecessary.
Section 10.2 Permit Issuance.
The EPO/NCO is authorized to grant permits as required
by any provision of this ordinance as subject to such
limitations as to area, noise levels, time limits, and
other terms and conditions as it determines are appro-
priate to protect public health, safety, and welfare
from the noise emanating therefrom. This Section shall
in no way affect the duty to obtain any other permit or
license required by law for such activities.
Section 10.3 Exemptions for Time to Comply.
(1) Upon good cause shown by the owner of any noise
source, the (EPO/NCO) ( ) shall have the
power to grant an exemption from the operation of this
ordinance in order to allow sufficient time for instal-
lation of needed control equipment, facilities, or
-19-
modifications to achieve compliance not to exceed
( ) days, provided that such exemption may be
renewed for an additional like period, but only if
satisfactory progress toward compliance is shown.
(2) Any person seeking an exemption shall file a
petition with the (EPO/NCO). The (EPO/NCO) shall
promptly give written notice of such petition to any
person sho has in writing requested notice of such
exemption petitions, and shall publish notice of such
petition in a newspaper of general circulation within
this municipality. If the (EPO/NCO), in his discre-
tion, concludes that a hearing would be advisable, or
if any person files a written request for a hearing or
a written objection to the grant of such exemption
within ( ) days of the notice provided herein, a
hearing shall be held on the petition. A written
transcript shall be kept of any such hearing.
(3) In tranting or denying an exemption, the (EPO/NCO)
shall file and publish a written order, stating the
facts and reasons leading to his decision.
ARTICLE XI INSULATION STANDARDS FOR BUILDINGS, MULTIPLE
FAMILY DWELLINGS
(1) General. In duplex occupancies, wall and
floor-ceiling assemblies separating dwelling units or
guest rooms from each other and from public space such
as interior corridors and service areas shall provide
airborne sound insulation for walls, and both airborne
and impact sound insulation for floor-ceiling assemblies.
(2) Airborne Sound Insulation. All such separating-
walls and f loor-ceiling assemblies shall provide an
airborne sound insulation equal to that required to
meet a Sound Transmission Class (STC) of 50 (45 if
field tested) as defined in ASTM E90-61T, E413-70T
and ASTM E90-70T. Penetrations or openings in con-
struction assemblies for piping, electrical devices,
recessed cabinet, bathtub, soff its, or heating venti-
lating or exhaust ducts shall be scaled, lined, insu-
lated or otherwise treated to maintain the required
ratings. Dwelling unit entrance doors from interior
corridors together with their perimeter seals have a
Sound Transmission Class (STC) rating of not Iess than
25.
(3) Impact Sound Insulation. Al1 separating
floor-ceiling assemblies between separate unit and
guest rooms shall provide impact sound insulation equal
to that required to meet an Impact Insulation Class
(IIC) of 50 (45 if field tested) as defined in HUD
-20-
publication FT/TS 24 "Guide to Noise Control in Multi-
family Dwellings" pages 10-5 to 10-7 or International
Standards Organization (ISO) Recommendation R140.
Floor coverings may be included in the assembly to
obtain the required ratings, and must be retained as a
permanent part of the assembly and may only be replaced
by other floor covering that provides the same sound
insulation required above.
(4) Tested Assemblies. Field or laboratory tested
wall or floor-ceiling designs having an STC or ICC of
50 or more as determined in conformance with the above
listed procedures, may be used without additional field
testing when in the opinion of the Building Inspector
the tested design has not been compromised by flanking
paths or penetrations. Tests may be required by the
Building Inspector when evidence of comprised separa-
tions is noted.
(5) Field Testing and Certification. Field testing,
when required, shall be done under the supervision of a
professional acoustician who shall be experienced in
the field of acoustical testing and engineering, who
shall forward certified test results to the Building
Inspector that minimum sound insulation requirements
stated above have been met. Evidence that the person
performing the tests is qualified to do so shall be
recognized by, but not limited to, hi5 or her member-
ship in the Institute of Noise Control Engineers.
(6) Airborne Sound Insulation Field Tests. When
required, airborne sound insulation shall be determined
according to the applicable Field Airborne Sound Trans-
mission Loss Test procedures of ASTM E336-67T and ASTM
E413-70T. Al1 sound transmitted from the source room
to the receiving room shall be considered to be trans-
mitted through the test partition.
(7) Impact Sound Insulation Field Test. When required,
impact sound insulation shall be determined in accord-
ance with ISO recommendation R140.
ARTICLE XII ADDITIONAL PROVISIONS
Section 12.1 Penalties.
Whenever in any section of this ordinance or rule or
regulation promulgated hereunder, the going of any act
is required, prohibited, or declared to be unlawful and
no definite fine or penalty is provided for a violation
thereof, any person, firm, or corporation who shall be
convicted of a violation of any such section shall be
guilty of a civil offense and, for each offense, be
fined a sum of not more than dollars.
-21-
Section 12.2 Additional Remedy-Injunction.
As an additional remedy, the operation or maintenance
of any noise source in violation of any provision
hereof and which causes noise disturbance to residents
in the area shall be deemed and is declared to be a
public nuisance and may be subject to abatement sum-
marily by a restraining order or injunction issued by a
court of competent jurisdiction. It shall be presumed
subject to rebuttal that the person seeking relief from
noise disturbance is a reasonable person with normal
sensitivities; and the burden of proof to show other-
wise shall be upon the person or entity against whom
relief is sought.
Section 12.3 Severability.
It is hereby declared to be the intention of the city
(county) council that if the articles, section, para-
graphs, sentences, clauses, and phrases of this ordi-
nance shall be declared unconstitutional or invalid by
the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining articles, sec-
tions, paragraphs, sentences, clauses, and phrases of
this ordinance, since the same would have been enacted
by the City (County) Council without the incorporation
in this ordinance of any such unconstitutional or
invalid articles, sections, paragraphs, sentences,
clauses, and phrases.
Section 12.4 Contracts.
Any written agreement, purchase order, or instrument
whereby the city is committed to the expenditure of
funds in return for work, labor, services, supplies,
equipment, materials, or any combination of the fore-
going, shall not be entered into unless such agreement,
purchase order, or instrument contains provisions
requiring that any equipment or activities which are
subject to the provisions of this code will be oper-
ated, constructed, or manufactured without causing
violations of the code.
Section 12.5 Implementation of Pre-Emptive Federal and
State Laws', Regulations, and Standards.
(1) It is unlawful for anyone to sell or of fer for
sale any product manufactured after the effective date
of a regulation adopted pursuant to Section 6 or Sec-
tion 9 of the Federal Noise Control Act which is appli-
cable to such product, which does not comply with the
standards of the regulation. The provisions of Section
6.2(3) of this ordinance shall not apply to any such
product.
-22-
It is unlawful for anyone to remove or render inopera-
tive, except for the purposes of maintenance, repair or
replacement, any device or element of design incorpor-
ated into any product to achieve compliance with such
regulations.
(2) It is unlawful for anyone to sell or offer for
sale any product manufactured after the effective date
of a regulation adopted pursuant to Section 8(b) of the
Federal Noise Control Act which is applicable to such
product, if the labeling of such product does not
comply with the standards of the regulation.
(3) It is unlawful for anyone to use or operate or
cause to be used of operated any equipment of facili-
ties of a surface carrier engaged in interstate com-
merce by railroad after the effective date of a regu-
lation adopted pursuant to Section 17 of the Federal
Noise Control Act which is applicable to such equipment
or facilities, in any manner which does not comply with
the standards of the regulation. The use or operation
of any such equipment or facilities is exempt from any
other maximum permissible sound levels established by
this ordinance.
(4) It is unlawful for anyone to use or operate or
cause to be used or operated any motor vehicle engaged
in interstate commerce after the effective date of a
regulation adopted pursuant to Section 18 of the
Federal Noise Control Act which is applicable to such
motor vehicle in any manner which does not comply with
the standards of the regulation. The use or operation
of such motor vehicle is exempt from any other maximum
permissible sound levels established by this ordinance.
(5) Future regulations by the Washington State Depart-
ment of Ecology establishing use standards and/or
performance standards on sources of noise exempted or
partially exempted from current requirements shall be
reviewed by the administrator of this ordinance for
possible adoption as a part of this ordinance.
Section 12.6 Purchase of Equipment.
The (County) (City) purchasing agent or any other
officer or employee having authority to order or pur-
chase supplies, materials, and equipment shall order
and purchase products certified pursuant to Section 15
of the Federal Noise Control Act as a"low-noise emis-
sion product" in preference to any equivalent product
when such certified product is reasonably available and
has a procurement cost that is not more than 125 per
centum of the equivalent product for which the product
is certified as a substitute.
-23-
Section 12.7 Violations.
Violation of this ordinance shall be cause for summons
and complaint to be issued forthwith; provided, how-
ever, that if the noise source is not a motor vehicle
moving on a public right-of-way, in lieu of a summons
and complaint, enforcement personnel may issue a
24-hour notice, or other reasonable amount of time not
to exceed , signed by the Environmental
Protection Off icer, in writing, which may be served
personally or by certified mail to the last known
address of the person to whom addressed, with return
receipt requested, directed to the owner, occupant,
person or persons in charge of or in control of the
device, building, or premises to abate said violation
of this ordinance. Failure to comply with the order so
issued and served shall constitute a violation of this
ordinance.
-24-
APPENDIX A
A community that desires a comprehensive noise ordinance
should take the time during development to accomplish a
thorough and ongoing program which will serve the needs of
the entire community.
The following is a proposed list of steps that should lead
to such a noise ordinance, if it is determined one is needed.
Figure A-1 summarizes the steps toward the development of a
noise ordinance. If citizens and city officials feel that
their community needs to reassess noise control in their
community, the initial step should be the assignment of a
task force study group. The group's assignment should be an
overall assessment of the community noise problems. Once a
list of community noise sources and noise effected areas is
compiled and the need for noise pollution control is ascer-
tained the group should then collect information on noise
control along with information about Federal and State laws
governing noise pollution. All this information should then
be correlated and the development of long-range goals deter-
mined. Evaluation of social and economic impacts throughout
the public and private community would be considered and
then reported to the City (County) Council and the public to
determine if the costs warrant the improvement of the noise
environment. If the public is willing to pay for noise con-
trol, a realistic program should then be designed to con-
sider all aspects relevent within the community. After
consideration of community goals in designing the program,
a draft ordinance should then be presented to the City
(County) Council and the public for review.
The ordinance should include an enforcement scheme and an
educational program designed to achieve the overall long-
range goals of the community. The program should be acti-
vated with adequate funding and include periodic review
processes to ascertain its effectiveness.
FIGURF A-1
~ ASSlgIllT1E'_ilt Of
~ Study Group ~
City Official ~ Citizen Committee
f-Le
Noise Survey Assessment of Citizen Groups 1
Community Noise
Citizen Questionnairel Problem ~ Citizen Complaints ~
~
Assignment of City phone number
to receive citizen complaints
~
Acoustical consultants ~ Collection ~ Regional EPA office and documents
of
Other local noise ordinances~ Information State Department of Ecology
Journals and Books on noise Local College or University
~
Correlation of Data
~
List of Health and ~ Development of City Officials
Welfare Goals Community and Departments
Long-Range Goals
Private interest groups
Evaluate Social i.e., Industry
and Economic Impacts
Report to City Council
and Public on Noise
Assessment ,
Assistance and Pre- Design aL Present Noise Sources to
emption of State and Realistic --Ibe Controlled
Federal Programs Program
Consider Future Noise Sources~
Land Use and Review ~ Enforcement of Standards
Compliance and
Variances Educational Goals !
Draft an
Ordinance
~
Report to City Council
and Public for Review
and Enactment
Chapter 70.10. 70.107A30
NOISE CONTROL
Scctions
70.~0~.0~o Purposc. designed to achieve cc~mpiiance with the nu•~se level
70.107.0?0 Definicions. adopted in subsection (1) of this section, includinb rea-
70.107.030 poWen and aucies ordepanmenc. sonable implementation schee3ules where aprropnatc, to
70_107.040 Technical advisory committee.
70.107.050 Civil prnalties insure that the maximum noise levels are nol exceeded
. .
70.101.060 Other nghts, remea►es, powers, duties and functions and that application of the best practicabte nuise cun-
Local control Approval Procedure. ttOl technology and practice is provided. 1`hese rules
70_107.070 Rules relating to motor vehicles Violations
may include, but shall not be limited to:
Penalty. •
70.107.080 Excr~ptions. (a) Performance standards sett~ng allowable noise
70.107.0-W Canstruction Severability 1974 lst ex.s. c 1e3. limits for the operation of products which produce
70.107.910 Shon ticle. noise;
(b) Use standards regulating, as to time and place,
70.107.010 Purpose. The legislature finds that inade- the operation of individual products which produce
quatelti• controlled noise adversely af~ects the health, noise above specified levels cons~dering freyuency spec-
safety and welfare of the people, the value of property, trum and duration: Providcci, The rutes shall provide
and the quality of the environment. Antinoise measures for temporaril_y exceeding tliose st~3ndards for stated
of the past ha~•e not adequately protected against the Purposes; and
invasion of these interests by noise. There is a need, (c) public informatiun reyuirements dealing with dis-
therefore, for an expansion of eflorts state-wide direct- closure of levels and characteristics of noise produced
ed tov►•ard the abatement and control of noise, consid- by products.
ering the social and economic impact upon the
r.ommunity and the state. The pur-pose of this chapter is (3) The department may, as ciesirable in the perfor-
mance of its duties under this chapter, conduct surveys,
to provide authurity for such an expansic~n of etTc►rts, studies anc~ public education programs, and enter into
supplementing existing rrobrams in the field. [1974 Ist contracts.
eti.s. c 183 § 1.] (4) The department is authorized to apply for and
accept moneys from the federal guvernment and other
70.107.020 Detinitians. As usec~ in this charter, un- sources to assist in the implementation of this chapter.
less the context clearly indicates othenti~ise: (5) The legislature recognizes that the operation of
(1) "Department" means th~ departm~nt of eculogy. motor vehicles on public highways as defined in RCW
(2) "llirector" means director of the department of 46.09.020 eontributes signific:antly to environmental
ecology. noise levels and directs the department, in exercisin~, I
(3) "Local governm*nt" means county (►r cit}' dov- the rule-making authority under the provisions of this
ernment or any combinatinn of the two. section, to give first priority to the adoption of motor
(4) "Noise" means the intensity, c3uration ;ind rhar- vehicle noise performance standards.
acter of souncis f-rom an~~ anci all sourccs. (6) Noise levels and rules adopted by the department
(5) "Person" means ciny indiviciual, curporativn, pursuant to this chapter shall not be eH'ective prior tu
partnership, association, governmental hudv, state, or March 31, 1975. [1974 lst ex.s. c 183 § 3.]
other entity whatsoever. 11974 I•t ex.s. c 183 § 2.1
70.107.040 "Cechnical advisory committee. The direc-
70.I07.030 Puw•ers anci cluties of department. "I'he tor shall iiame a technical acivisory committee to assist
drpartment is empowercd as follows: the department in the implementation of this chapter.
(1) The departmeni, after consuit-ition with state Committee members shall he entitled to reimbursement
a`er.cies eYpressing an interest tlierein, sha11 adopt, by as provideci in RCW 43.03.050 anc; 43.03.060, as now or
rule, maximum nuise levc(s permissible in identified en- hereafter amended. [1974 lst ex.s. c 183 § 4.1
vironments in order to protect against adverse afl'ects of _
noise on the health, safety anci wclfare of the pcople, 70•107.050 Ci~~il penalties. (1) An~~ person whc, vio-
the value of property, anc~ the quality of environment: lates any rule adopted by the department under this
Provided. That in to doing the derartment shall take chapter shall be subject to a civil penalty not to exceed
also into account the econumic and practical henefits to one hundred dollars. All violations of this chapter shal(
be derived from the use of various prociucts in each be administered pursuant to the provisions of chapter
such er.vironment, wliether the source of the noise or 34.04 RCW, the state administrative procedure act.
the use of such rroc3urts in each envirvnment is perma- Penalties shall becume due and payable thirty days
nent or temporary in nature, and the state of terhnulo- from the date of receipt of a notice of penalty unless
gy relative to the control of noise generated by all such Within such time said notice is appealed to the pollution
sources of the noise or tlie products. control hearings board pursuant to the provisions of
(2) At any time after the adoption of maximum noise chapter 43.21B RCW and Procedural rules adoPted
levels under subsection (I) of this section the depart- thereuncier. In cases in which appeals are timely fileci,
ment shall, in consultation with state agencies and local penalties sustained by the pollution control hearings
governments expressing an interest therrin, adopt rules, board shall become due and payabte on the issuance of
consistent with the Federal Noise Control Act of 1972 said board's final order in the appeal.
(86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. (2) Whenever penalties incurred pursuant to this sec-
Sec. 1431), for noise abatement and control in the state tion have become due and payable but remain unpaici.
, .
Noise Control
the attorney general sha(l, tipon request of the directur, 70.107.070 Rules relating to motor vehicle-- Vio-
bring zn :ictiun in the name of the state of Washington, lations Penalty. Any rule adopted under this chapter
in the superior court of' "Thurston county or in the relating to the operation of motor vehicles on public
county in which ttie violatic>n occurred for recovery of highways shall be administered according to testing and
penalties incurred. in ali such actions the procedures inspection procedures adopted by rule by the state
and rules of evidence sh:ill hc the same as in an}' other commission on equipment. Violation of any motor ve-
civil <<ction. All penalties rzcovered under this section hiele performance standard adopted pursuant to this
shall be paid into the state treasury and credited to the chapter shall be a misdemeanor, enforced by such au-
general Funei. [1974 Ist eY.s. c 183 § S.] thorities and in such manner as violations of chapter
46.37 RCW. Vidlations subject to the provisions of this
70.107.060 Other right%, renieciies, powers, duties and section shall be exempt from the provisions of RCW
functium l,ocal coutro! Approva! Procedure. 70.107.050. [1974 Ist ex.s. c 183 § 7.1
(I) Nothing in this chapter shall be construed to deny, '
abridge or alter atternative rights of action or remedies 70.107.080 Exemptions. The department shall. in the
in equit}• c~r under common law or statutory law, crimi- exercise of rule-making power under this chaptzr, pro-
nal or civil. vide exemptions or specially limited reRulations relating
(2) Nothing in this chapter shall deny, abridge or al- to recreational shooting and emergency or law enforce-
ter any powers, duties and functions relating to noise ment equipment where appropriate in the interests of
abatement and cuntrul now or hereafter vested in any ublic safety.
state agency, nor shall this chapter be construed as P
granting juriscliction over the industrial safety and 'I`he department in the development of rules uncier
health of employees in work places of the state, as now this chapter, shall consult and take into consideration
the land use policies and programs of local government.
or hereafter vested in the department of labor and [ 1974 1 st ex.s. c 183 § 8.1
industries.
(3) No local government shall adopt resolutions,
ordinances, rules or regulations concerned with the 70.107.900 Coastruc(ion Severabilit), 1974
controi of noise which shall be effective prior to adop- lst exs. e 183. (1) This chapter shall be liberally con-
tion of maximum noise levels and the rules adopted by strued to carry out its broad purposes.
the department pursuant to this chapter or January 31, (2) If any provision of this chapter, or its application
1975, whichever occurs sooner. Such resolutions, ordi- to any person or circumstance is held invalid, tlie re-
nances, rules, or regulations must be consistent with mainder of the chapter, or the application of the provi-
RCW 70.107.060(4). .
sion to other persons or circumstances is not afi'ected.
(4) Standards and other control measures adopted by [1974 lst ex.s. c 183 § 11.1
the department under this chapter shall be e?cclusive
except as hereinafter provided. A local government may
impose limits or control sources diffi'ering from those 70.107.910 Short titie. This chapter shall be known
adopted or controlled by the department upon a finding and may be cited as the "Ivoise Control Act of 1974".
that such requirements are necessitated by special con- [1974 lst ex.s. c 183 § 12.]
ditions. No such noise limiting requirements of local
government shall be valid unless first aPProved by the
department. If disapproved the local government may
appeal the decision to the pollution control hearings
board which shall decide the appeal on the basis of the
provisions of this chapter, and the applicable regula-
tions, together with such briefs, testimony, and oral ar-
gument as the hearings board in its discretion may
re9uire. In the determination of whether to gra.nt any
such approval, the department shall give consideration
to the reasonableness and practicability of compliance
with particular attention to the situation of stationary
sources, the noise producing operations of wh.ich are
conducced at or near jurisdictional boundaries.
(5) In rarry-ing out the rule-making authorit}• provid-
ed in thic chapter, the department shall follow the pro-
cedures of the administrative procedure act, chapter
34.04 RCW, and shall take care that no rules adopted
purport to exercise any powers preempted by the Uait-
ed States under federal law. [1974 lst ex.s. c 183 § 6.1
I
State of Washington
Department of Ecology
Chapter
173-62
Washington Administrative Code (WAC)
MOTOR VEHICLE NOISE PERFORMANCE STANDARDS
Adpoted January 30, 1975
Department of Ecology
Noise Section
Olympia, Washington 98504
(206) 753-6867
WAC 173-62-010 AUTHORITY AND PURPOSE
Under section 3(5) of the Noise Control Act of 1974, chapter
183, laws of 1974, the legislature directed the department
of ecology, in exercising rule-making authority to give
first priority to the adoption of motor vehicle noise per-
formance standards. The purpose of this chapter is to carry
out that legislative directive through the adoption of noise
emission standards for new motor vehicles and noise emission
standards for the operation of motor vehicles on public
highways.
WAC 173-62-020 DEFINITIONS. As used in this chapter:
(1) "dBA" means the sound level in decibles measured using
the "A" weighting network on a sound level meter as
specified in the American National Standards Institute
Specifications S 1.4-1971 for sound level meters. A
decible is a unit of sound, based on a logarithmic
scale, of the ratio of the magnitude of a particular
sound pressure to a standard reference pressure of 20
micropascals,
(2) "Department" means the department of ecology.
(3) "Director" means director of the department of ecology.
(4) "Gross Vehicle Weight Rating (GVWR)" means the value
specif ied by the manufacturer as the loaded weight of a
single vehicle.
(5) "Gross Combination Weight Rating (GCWR) " means the
value specified by the manufacturer as the loaded
weight of a combination vehicle.
(6) "Motor Vehicle" means any vehicle which is self-
propelled, used primarily for transporting persons or
property upon public highways and required to be
licensed under RCW 46.16.010. (Aircraft, water craft
and vehicles used exclusively on stationary rails or
tracks are not motor vehicles as that term is used
herein.)
(7) "Motorcycle" means any motor vehicle having a saddle
for the use of the rider and designed to travel on not
more than three wheels in contact with the ground,
except such vehicles powered by engines not to exceed
five horsepower and farm tractors.
(8) "Muffler" means a device consisting of a series of
chambers or other mechanical designs for the purpose of
-2-
. .
receiving exhaust gas from an internal combustion
engine and effective in reducing noise resulting
therefrom.
(9) "New Motor Vehicle" means a motor vehicle manufactured
after December 31, 1975, whose equitable or legal title
has never been transferred to a person who, in good
faith, purchases the new motor vehicle for purposes
other than resale.
(10) "Off-Highway Vehicle" means any self-propelled vehicle
not used primarily for transporting persons or property
upon public highways nor required to be licensed under
RCW 46.16.010.
(11) "Person" means any individual, corporation, partner-
ship, association, governmental body, state agency or
other entity whatsoever.
(12) "Public Highway" means the entire width between the
boundary lines of every way publicly maintained by the
department of highways or any county or city when any
part thereof is generally open to the use of the public
for purposes of vehicular travel as a matter of right.
(13) "Sound level" means a weighted sound pressure level
measured by use of a sound level meter using an "A"
weighting network and reported as dBA.
WAC 173-62-030 STANDARDS
(1) No person shall operate any motor vehicle upon any
public highway or any combination of such vehicles
under any conditions of grade, load, acceleration or
deceleration in such a manner as to exceed the fol-
lowing maximum permissible sound levels for the cate-
gory of vehicle, as measured at a distance of 50 feet
from the center of the lane of travel within the speed
limits specified, under procedures established by the
state commission on equipment.
-3-
r
Table I
M4TOR VEH2CLE NqISE PERFQRMANCE STANDARDS
Vehicle Category 35 mph or less over 35 mph _
Motor vehicles
over 10,000 lbs
GVWR or GCWR 86 dBA 90 dBA
Motorcycles 80 $4
All vther motor
vehicles 76 80
(2) Every motor vehicle operated upon the public highways
shall at all times be equipped with a muffler in good
warking order and constant operation.
(3) No person shall ogerate a motvr vehicle in such a
manner as tv cause or allow ta be emitted squealing,
screeching ar other such noise frvm the tires in can-
tact with the graund beeause of rapid acceleration or
excessive speed araund corners ar other such reason,
except that noise resulting from emergency braking to
avoid imminent danger shall be exempt from this pra-
vision.
(4) Na person shall sell or offer far sale a NEW MOTaR
VEHICLE exeept an off-highway vehicle, which produces a
maximum noise exceeding the following nvise levels at a
distance of 50 feet under acceleratiQn test procedures
established by the state commissiQn on equipment.
Table II
MAXIMUM NOISE LEVELS FQR NEW MQTOR VEHICLES
Motorcycles manufactured after 1975 83 dBA
Any motor vehicle with GVWR or GCWR
of 10,000 pounds vr more manufactured
af ter 1975 and prior to 1977 86 dBA
Any motor vehiele with GVWR or GCWR
af less than 10,000 paunds rnanufac-
tured after 1975 80 dBA
-4-
WAC 173-62-040 EXEMPTIONS
The provisions of this chapter shall not apply to no
caused by auxiliary equipment on motor vehicles used for
highway maintenance, nor to noise caused in the performance
of emergency work for the immediate safety, health or wel-
fare of the community or of individuals of the community, or
to restore property to a safe condition following a public
calamity.
WAC 173-62-050 IMPLEMENTATION SCHEDULES
(1) Conditions of Issuance. The department may approve and
issue to any person, an implementation schedule for
meeting any particular requirement of this chapter, if
it f inds that immediate compliance with such require-
ment cannot be achieved because of conditions beyond
the control of such person or because of special cir-
cumstances rendering immediate compliance unreasonable
in light of economic or physical factors or because of
the nonavailability of feasible technology or control
methods.
(2) Requesting Procedure. Implementation schedules shall
be issued only upon application in writing to the de-
partment. Such application shall state in a concise
manner the facts to show cause why such schedule should
be approved. Any aggrieved person may appeal the
department's decision on an application to the Pollu-
tion Control Hearings Board pursuant to chapter 43.21B
RCW.
WAC 173-62-060 ENFORCEMENT
Violation of any motor vehicle noise standard set forth in
this chapter shall be a misdemeanor, enforced by such
authorities and in such manner as violations of chapter
46.37 RCW.
WAC 173-62-070 EFFECTIVE DATE
This chapter shall become effective July 1, 1975.
-5-
State of Washington
Department of Ecology
Chapter 173-60
Washington Administrative Code (WAC)
MAXIMUM ENVIRONMENTAL
NOISE LEVELS I
Adopted April 22, 1975
Amended August 1, 1975
Department of Ecology
Noise Section
Olympia, Washington 98504
1
WAC 173-60-010 AUTHORITY AND PURPOSE.
These rules are adopted pursuant to Chapter 70.107 RCW, the
Noise Control Act of 1974, in order to establish maximum
noise levels permissible in identified environments, and
thereby to provide use standards relating to the reception
of noise within such environments.
WAC 173-60-020 DEFINITIONS.
(1) "Background Sound Level means the level of all sounds
in a given environment, independent of the specific
source being measured.
(2) "dBA" means the sound pressure level in decibels
measured using the "A" weighting network on a sound
level meter. The sound pressure level, in decibels, of
a sound is 20 times the logarithm to the base 10 of the
ratio of the pressure of the sound to a reference
pressure of 20 micropascals.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of
ecology.
(5) "EDNA" means the environmental designation for noise
abatement, being an area or zone (environment) within
which maximum permissible noise levels are established.
(6) "Local Government" means county or city government or
any combination of the two.
,
(7) "Noise" means the intensity, duration and character of
sounds, from any and all sources.
(8) "Person" means any individual, corporation, partner-
ship, association, governmental body, state agency or
other entity whatsoever.
(9) "Property Boundary" means an imaginary line exterior to
any enclosed structure, at ground surface, which sepa-
rates the real property owned by one person from that
owned by another person, and its vertical extension.
(10) "Racing Event" means any motor vehicle competition
conducted under a permit issued by a governmental
authority having jurisdiction or, if such permit is
not required, then under the auspices of a recognized
sanctioning body.
-2-
(11) "Receiving Property" means real property within which
the maximum permissible noise levels specified herein
shall not be exceeded from sources outside such pro-
perty.
(12) "Sound Level Meter" means a device which measures sound
pressure levels and conforms to Type 1 or Type 2 as
specified in the American National Standards Institute
Specification S1.4-1971.
(13) "Watercraft" means any contrivance, excluding aircraft,
used or capable of being used as a means of transpor-
tation or recreation on water.
WAC 173-60-030 IDENTIFICATION OF ENVIRONMENTS.
(1) Except when included within specific prior designations
as provided in subsections (2), (3), and (4) of this
section, the EDNA of any property shall be based on the
following typical uses, taking into consideration the
present, future, and historical usage, as well as the
usage of adjacent and other lands in the vicinity.
(a) Class A EDNA - Lands where human beings reside and
sleep. Typically, Class A EDNA will be the
following types of property used for human
habitation:
(i) Residential
(ii) Multiple family living accommodations
(iii) Recreational and entertainment, (e.g.,
camps, parks, camping facilities, and resorts)
(iv) Community service, (e.g., orphanages, homes
for the aged, hospitals, health and cor-
rectional facilities)
(b) Class B EDNA - Lands involving uses requiring
protection against noise interference with speech.
Typically, Class B EDNA will be the following
types of property:
(i) Commercial living accommodations
(ii) Commercial dining establishments
(iii) Motor vehicle services
(iv) Retail services
(v) Banks and off ice buildings
(vi) Miscellaneous commercial services, property
not used for human habitation
(vii) Recreation and entertainment, property not
used for human habitation (e.g., theaters,
stadiums, fairgrounds, and amusement parks)
-3-
(viii) Community services, property not used for
human habitation (e.g., educational, reli-
gious, governmental, cultural and recrea-
tional facilities).
(c) Class C EDNA - Lands involving economic activities
of such a nature that higher noise levels than
experienced in other areas is normally to be
anticipated. Persons working in these areas
are normally covered by noise control regulations
of the department of labor and industries. Uses
typical of Class A EDNA are generally not permit-
ted within such areas. Typically, Class C EDNA
will be the following types of property:
(i) Storage, warehouse, and distribution
facilities.
(ii) Industrial property used for the production
and fabrication of durable and nondurable
man-made goods
(iii) Agricultural and silvicultural property used
for the production of crops, wood products,
or livestock.
(d) Where there is neither a zoning ordinance in
effect nor an adopted comprehensive plan, the
legislative authority of local government may, by
ordinance or resolution, designate specifically
described EDNAs which conform to the above use
criteria and, upon departmental approval, EDNAs so
designated shall be as set forth in such local
determination.
(e) Where no specific prior designation of EDNAs
has been made, the appropriate EDNA for properties
involved in any enforcement activity will be
determined by the investigating official on the
basis of the criteria of (a) ,(b) , and (c) of this
subsection.
(2) In areas covered by a local zoning ordinance, the
legislative authority of the local government may, by
ordinance or resolution designate EDNAs to conform with
the zoning ordinance as follows:
(a) Residential zones - Class A EDNA
(b) Commercial zones - Class B EDNA
(c) Industrial zones - Class C EDNA
Upon approval by the department, EDNAs so designated
shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to zone changes under the zoning ordinance.
-4-
(3) In areas not covered by a local zoning ordinance but
within the coverage of an adopted comprehensive plan
the legislative authority of the local government may,
by ordinance or resolution designate EDNAs to conform
with the comprehensive plan as follows:
(a) Residential areas - Class A EDNA
(b) Commercial areas - Class B EDNA
(c) Industrial areas - Class C EDNA
Upon approval by the department EDNAs so designated
shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to changes in the comprehensive plan.
(4) The department recognizes that on certain lands seren-
ity, tranquillity, or quiet are an essential part of
the quality of the environment and serve an important
public need. Special designation of such lands with
appropriate noise level standards by local government
may be adopted subject to approval by the department.
The director may make such special designation pursuant
to the procedures of the Administrative Procedure Act,
chapter 34.04 RCW.
WAC 173-60-040 MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE
LEVELS.
(1) No person shall cause or permit noise to intrude into
the property of another person which noise exceeds the
maximum permissible noise levels set forth below in
this section.
(2) (a) The noise limitations established are as set forth
in the following table after any applicable adjust-
ments provided for herein are applied.
EDNA of NOISE SOURCE EDNA OF RECEIVING PROPERTY
Class A Class B Class C
CLASS A 55 dBA 57 dBA 60 dBA
CLASS B 57 60 65
CLASS C 60 65 70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the
noise limitations of the foregoing table shall be
reduced by 10 dBA for receiving property within
Class A EDNAs.
-5-
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be
exceeded for any receiving property by no more
than.
(i) 5 dBA for a total of 15 minutes in any one-
hour period; or
(ii) 10 dBA for a total of 5 minutes in any one-
hour period; or
(iii) 15 dBA for a total of 1.5 minutes in any one-
hour period.
AMD WAC 173-60-050 EXEMPTIONS.
(1) The following shall be exempt from the provisions of
WAC 173-60-040 between the hours of 7:00 a.m, and
10:00 p.m:
(a) Sounds originating from residential property
relating to temporary projects for the maintenance
or repair of homes, grounds and appurtenances.
(b) Sounds created by the discharge of firearms on
authorized shooting ranges.
(c) Sounds created by blasting.
(d) Sounds created by aircraft engine testing and
maintenance not related to flight operations,
PROVIDED that aircraft testing and maintenance
shall be conducted at remote sites whenever
possible.
(e) Sounds created by the installation or repair of
essential utility services.
(2) The following shall be exempt from the provisions of
WAC 173-60-040 (2) (b) .
(a) Noise from electrical substations and existing
stationary equipment used in the conveyance of
water by a utility.
(b) Noise from existing industrial installations which
exceed the standards contained in these regula-
tions and which, over the previous three years,
have consistently operated in excess of 15 hours
per day as a consequence of process necessity
and/or demonstrated routine normal operation.
Changes in working hours, which would affect
exemptions under this regulation, require approval
of the department.
(3) The following shall be exempt from the provisions of
WAC 173-60-040, except insofar as such provisions
relate to the reception of noise within Class A EDNAs
between the hours of 10:00 p.m, and 7:00 a.m.
-6-
(a) Sounds originating from temporary construction
sites as a result of construction activity.
(b) Sounds originating from forest harvesting and
silvicultural activity.
(4) The following shall be exempt from all provisions of
WAC 173-60-040:
(a) Sounds created by motor vehicles when regulated by
chapter 173-62 WAC.
(b) Sounds originating from aircraft in flight and
sounds that originate at airports which are dir-
ectly related to flight operations.
(c) Sounds created by surface carriers engaged in
interstate commerce by railroad.
(d) Sounds created by warning devices not operating
continuously for more than five minutes, or bells,
chimes, and carillons.
(e) Sounds created by safety and protective devices
where noise suppression would defeat the intent of
the device or is not economically feasible.
(f) Sounds created by emergency equipment and work
necessary in the interests of law enforcement or
for health safety or welfare of the community.
(g) Sounds originating from motor vehicle racing
events at existing, authorized facilities.
(h) Sounds originating from officially sanctioned
parades and other public events.
(i) Sounds from existing refrigeration equipment for
preservation of retail food goods.
(j) Sounds emitted from petroleum refinery boilers
during startup of said boilers; PROVIDED that the
startup operation is performed during daytime
hours whenever possible.
(k) Sounds created by watercraft.
(1) Sounds created by the discharge of firearms in the
course of hunting.
(m) Sounds caused by natural phenomena and unamplified
human voices.
(n) Sounds created by motor vehicles, licensed or
unlicensed, when operated off public highways
EXCEPT when such sounds are received in CLASS A
EDNAs.
(5) The following shall be exempt from all provisions of
WAC 173-60-040 until May 1, 1976:
(a) Sounds originating from existing natural gas
transmission facilities.
-7-
(6) Nothing in these exemptions is intended to preclude the
department from requiring installation of the best
available noise abatement technology consistent with
economic feasibility. The establishment of any such
requirement shall be subject to the provisions of the
Administrative Procedure Act, chapter 34.04 RCW.
WAC 173-60-060 NUISANCE REGULATIONS NOT PROHIBITED.
Nothing in this chapter or the exemptions provided herein,
shall be construed as preventing local government from
regulating noise from any source as a nuisance. Local
resolutions, ordinances, rules or regulations regulating
noise on such a basis shall not be deEmed inconsistent with
this chapter by the department.
WAC 173-60-070 FUTURE REGULATIONS.
It is the intention of the department to establish use
standards and/or performance standards for the following
sources of noise exempted or partially exempted from the
requirements of this chapter not later than June 30, 1977.
(1) Sounds created by aircraft engine testing and mainten-
ance not related to flight operations, through the
adoption of a new chapter 173-64 WAC.
(2) Sounds created by construction equipmEnt and emanating
from construction sites, through the adoption of a new
chapter 173-66 WAC.
(3) Sounds created by motor vehicle racing events, through
the adoption of a new chapter 173-68 WAC.
(4) Sounds created by watercraft, through the adoption of a
new chapter 173-70 WAC.
(5) Sounds created by the operation of equipment or facili-
ties of surface carriers engaged in commerce by rail-
road, to the extent consistent with federal law and
regulations through the adoption of a new chapter 173-
72 WAC.
WAC 173-60-080 VARIANCES AND IMPLEMENTATION SCHEDULES.
(1) Variances may be granted to any person from any parti-
cular requirement of this chapter, if findings are made that
immediate compliance with such requirement cannot be achieved
because of special circumstances rendering immediate compli-
ance unreasonable in light of economic or physical factors,
enroachment upon an existing noise source, or because of
-8-
nonavailability of feasible technology or control methods.
Any such variance or renewal thereof shall be granted only
for the minimum time period found to be necessary under the
facts and circumstances.
(2) An implementation schedule for achieving compliance
with this chapter shall be incorporated into any
variance issued.
(3) Variances shall be issued only upon application in
writing and after providing such information as may be
requested. No variance shall be issued for a period of
more than 30 days except upon due notice to the public
with opportunity to comment. Public hearings may be
held, when substantial public interest is shown, at the
discretion of the issuing agency.
(4) Sources of noise, subject to this chapter, upon which
construction begins after the effective date hereof
shall immediately comply with the requirements of this
chapter, except in extraordinary circumstances where
overriding considerations of public interest dictate
the issuance of a variance.
WAC 173-60-090 ENFORCEMENT POLICY.
Noise measurement for the purposes of enforcing the provi-
sions of WAC 173-060-040 shall be measured in dBA with a
sound level meter with the point of ineasurement being at any
point within the receiving property. Such enforcement shall
be undertaken only upon receipt of a complaint made by a
person who resides, owns property, or is employed in the
area affected by the noise complained of, EXCEPT for parks,
recreational areas, and wildlife sanctuaries.
WAC 173-60-100 APPEALS.
Any person aggrieved by any decision of the department in
relation to the enforcement of the maximum permissible noise
levels provided for herein, the granting or denial of a
variance or the approval or disapproval of a local resolu-
tion or ordinance for noise abatement and control may appeal
to the pollution control hearings board pursuant to chapter
43.21B RCW under the procedures of chapter 371-08 WAC.
WAC 173-60-110 COOPERATION WITH LOCAL GOVERNMENT.
(1) The department conceives the function of noise abate-
ment and control to be primarily the role of local
government and intends actively to encourage local
government to adopt measures for noise abatement and
-9-
control. Wherever such measures are made effective and
are being actively enforced, the department does not
intend to engage directly in enforcement activities.
(2) No ordinance or resolution of any local government
which imposes noise control requirements differing from
those adopted by the department shall be effective
unless and until approved by the director. If approval
is denied, the department, within 60 days of submission
of such local ordinance or resolution to the department,
shall deliver its statement or order of denial, designa-
ting in detail the specific provision(s) found to be
objectionable and the precise grounds upon which the
denial is based, and shall submit to the local govern-
ment, the department's suggested modification.
(3) The department shall encourage all local governments
enforcing noise ordinances pursuant to this chapter to
consider noise criteria and land use planning and
zoning.
WAC 173-60-120 EFFECTIVE DATE.
This chapter shall become effective on September 1, 1975.
It is the intention of the department to periodically review
the provisions hereof as new information becomes available
for the purpose of making amendments as appropriate.
-10-
~
r
mh)(Imum PERMISSIBLL [MVIRO%MINT&L HOISE m
[IAITIID IRTO VREWIRG 0
(MEA,0,_,URED aT TgE RECEIV NG PROpER1Y BQUNDARY)
~ i NouR ip-
1.5
75 ~
1,5
1.5 M~ 5
10
5
5 MIN.,:: i5
65
15
.
15 M
;
45 . ,
MIN, >
d 64- _ :
m . .
.
.
-o 45 MIN.
. ~ .
. :
:
. . . ;:::'.::::;;:;:i;:: ::2;<';:;;;:;:';:;>;;:;:::::: ~ ~ ~ .
55- 4-5 MIN.
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. .
.
. :
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~
. : .
50 . . ~
,
45
e~A~S ~ ~~ASS C
CI.AgS A.
NOISE SOURCE NOtSE SOUQdE NOISE SOuQCE
~C4MMERCIAL~ ( NDl1STRIAL )
(RESIMRATAL)
.
NO. .~...~v'
I3Qy,RD OF COUNTY k'],0T~'-1ISSIONERS [}F SPflKfi.NE COUNTY# WASHINGTON
FINDINGS AND QRDER Ri.GARDIi4yG ZQNING MAP PR4PnSAL, ZE-79-75-
AGRICULTURAL TC3 CONM1'RCIAL: LITTEL
INTIEREAS, the Spokane County Planning Cammissian dici, after public
hearing vn December 12, 1975, fon%Tard to the Board of Caunty Cvmmissioners
a recommendation that the 2vning Map nat be changed from the e:cistir.g
Agricultural classification tQ the Commerical classificativri an property
describec3 as fallows :
L4t l, BIack G, First Addition ta Grandifiew Acres, incl.uding
vacated pvrtion of Empire I-,Tz+y adjacent thereta in ScctioYi 3,
Township 25N. ,Range 44, E.W.M., Spok.ane Gounty, Washington.
and,
WHERLAS, thc applicant befare the Planning Commissian, Robert L.
.
Littel, did request a hearing before the Bvard of County Commissio-rierS
ta presont evidence and testimoney in favvr of his applica',-:ion, an,_1
G4111EREAS, the B+aard vf County CQmmissioners did hold a pubIic. :Rcarin",
on ,Tanuary 22, 1976, to consider the recommendaGians of the P1annirz;
Cammission and testimony and evidence of the appliGant and vther interestec
parties, and
WHEREAS a'~ said hearin o ~ ~
, ~ Pport~.nity i,~as affc~rde~i tha.~e favoxing
and those opposing the above-described Zvning Map proposal, and the ~
.~oard of Caunty Cvmmissio mrs at Spvlkane County havir.g fully cansic3ered ~
Lhe testimony givcn, the recards and minutes of the Planning Cammi.ssivn
and all other evidcnce presented anci having personally acquainted thern-
selves with thc site and vicinity in question, does hereiay find;
1} That the site consist; of approximately one ccre situatc on
the above-described real property adjacent to Partland Aventie
and t'he Burlington Narthern Industrial Rnilraad spur.
2) That the applicant pronoses to erect a cvlcared st+~el buil.din;
with ~'aurteen favt (1~+') eave height vn said praperty fr~r t~~~
purpose of vperating a vehicle repair business. The pI,ot prt an
submitted this date La the ~oard of County Comrnissioners
represents the location of said buildirag tvgether wi.th Lrie
fencing, landscaping, lighting plan and ground cover,
3) That. the Comprehensive Plan for the County of Sgol{ane s'nows the
property as being appropriate fax industrial use. The prapcrty
is bordered by the Burliricrton Northern Railroad Industrial
spur to the East, yacant praperty zoned Commerical on the South
and Lhe Ideal +Cement Campany Plant, having Light Industrial,
. ManuL-acturing, and Mining zoning tn the North. The groperty
is bordered on the West by residential praperties.
. : ~ 1
.
4} That the pral ties along Trent Avenue, _,acent tv the sub ject
property are zaned Cammercial and are being utilized for
cdmmercial purposes.
5) That the praposed property is nat appropriate for agricultural
use or for reszdential purposes but is apprvpriate for cammercial
use as propvsed by the applicant.
6} That apprvpriate provisi.ons have been marde to as5ure cvmpatibility
of the praject with properties in the vicinity through certain
limitatians and conditions as specified herein.
7) That the use of the property as proposed and as stipulated in the
said canditions will nvt have a significant detrimental effect
upcan the enviranment.
NC+tid, THEREFDRE, the Baa rd of County Commi s s ione rs a f Spvkane County
does hereby canclucle that the aboUe-clescribed findings are sufficient
and controlling and that an enuironmental impact statement is not required
for the desGribed project, and does, therefvre, ordez that an apprapriate
resolutiQn to change the Zoning Map Crom the Agricultural classificativn
to the Commercial classifcativn be prepared incvrporating the following
CanditioTls : .
l) The subject property shall be develvged and maintained in
substantial canformance with the Site Develapment Plan approued
by the Board of Cvunty Cammissivners. Specificaily: the
building shall be lvcated at least 20 feet from the west property
Tine; the building shall nvt exceed aheight of 14 fect at the
eaves nar a height of 21 feet at the rvQf ridcx,e; there shall
be no doorways in the west or narth walls of the btiilding;
the entire property except the f ront setback area (f i f ty fe et )
shall be enclased by a six foot high chain link fence; at the
ctmer's vptivn, said fence may be topped with th~e--, strands
of barbed wire; a"hvlding arba" located as inrlicated on the
apprvved Site Develapment P1,an shall be enclased by a six fQOt
high chain linlc fencc, said fence tp be made sic;ht-obscuring
by insertion of sutiable slats Evithin the webbing with the
space between slats not to exceed 5L16 inches; a11 vehicl.es
narts, equipment, c►r materials of an~y nature sha11_~ie_ con~ained
wit`~-~~~t'ne.~.._~uiin~, or "~.v1d~.ng^ax~ ' at all tirnesr custam.ers'
flr ertplay-eec' vehc i 1 e s may be pa rked wi thin the f ront yarcl
parking area durinb regular working, haurs only.
2} Nv wo rk Q r bus ine s s sha 11 be c+anduct ed upvn th:e prape rty be twe en
+b : C3U P.M. and 8: 04 A.M. during the mont'ns June 1 througli September
1, nar between 7:00 P.M. and 8:00 A.M. during other mvnths, nar
at any hours Qn Sunday or thc holidays: New Years, Memorial Day,
July 4th, Labor Day, Thanksgiving and Christmas. This provision
shall nat prohibit the proprietor and cleri,cal staff fram per-
forming office work during thvse hvurs.
3} A row of evergreen trees, spaced no further than ten feet apart,
of a variety expected to achieve a mature height of at least
twenty feet, shall be plantecl t,rithin thc west building setback
area as inciicated on the appraved Site Development Plan. In -
addition, a planting area cantaining lvw shrubs or other complete
ground cover ta be appraved by the DireGtar of Planning shall be
established within the west twenty (vr more) feet of the front
yard setback area. Said planting area may be enclased by an open
chain link fence not to exceed 3 feet in height. Dath the trees
and front yard planting area shall be maintained in good, healthy
candition at all times; said maintenance to include an adequate
underground irrigation system. ~.'he frant yard garking area shall
be maintained in weed and dusL-free candition anci shall be paved
with permanent asphalt or cancrete no later than June 1, 1977.
.
~ ~
4) Extericsr lighting shali be limited to building-mounted, down-
warci-directed fixtures on the east and south walls of the building.
Signs shall be limited to an unlighted sign attached to and
protruding nQ mvre than vne foat from the frvnt wall surface of
the buildirig. Said sign shall nvt pratrude above the roof line. 0"e'4~_ PASSED BY THE BQARD this day of 1976.
B(3ARD OF CQUNTY COMMISSIONERS
OF SPaKANE CdiJNTY, WASHINGTON
BOARD OF SPOKAN E
eOUPIfY THMMISSHNERS
PtAY W. CrrRISTENSEN, CHM•
HARRY M. LARNED
ATTEST:
VERNC7N W. OHLAND
C 1 e rlc o f the Boa rd
by : .
~ r• ,
NO. 76
BOSiRD OF COU:JTY COM14ISSIONEP.S OF SI'OKANE COUNTYt jtiTASHINGrrON
FINDItiTGS AND ORDEr. REGARDING ZONT.NG MAP PROPOSAL, ZE-79-75-
AGRICULTURAL TO CG,Dj'RCIAL: LITTEL
WHEREAS, the Spo:cane County Planning Commission did, aFter public
hearing on December 12, 1975, forivard to the Board of County Commissioners
z recommendation that the Zoning rlap not be changed from the existing
Agricultural classification to the Commerical classification on property
described as follows:
Lot 1, Black G, First Addition to Grandview Acres, inclucling
vacated portion of Empire 1.1ziy adjacent thereto in Section 3,
Township 25N., Range 44, E.W.M., Spokane Caunty, Wasllington.
and ,
[,.IEREAS, the applicant before the Flanning Commission, RoUert L.
.
Litte1, did request a hearing before the Board of County Commission(~,-,-:
to present evidence and testimoney in favor of his applica.;--ion, and
V.TIEREAS, the Board of County Commissioners did hold a public rnar_ ;_n(-
on Jar►uary 22, 1976, to consider the recommendations of the Plannir2g
Commission and testimony and evidPnce of the applicant and othor ir.Lerested
parties, and
t:1HEREAS, at said 'nearing oppor'tunity was afforded those Lavoa-i;i-
,_!nd those opposing the above-descr. ibed Zoning Map pronosal, and thr;
"oard of County Co►r►missioners of Spokane County havir.~ fully co.zsir?ered
t'zc testimony given, the -records and minutes of the Pi-annin-, Commi:.sion
and all other evid~nce presented and havir~g personally acquainto-d Ll-iern--
sclves with tlle site and vicinity in question, does hereby find:
1) Tha-L the Site con~.ists of approximately one acre situatc on
the above-clescr_ibed real property adjacent to Portland Avr,nue
and the Burlington Northern Industrial Railroad spur.
2) That the applicant pronoses to erect a colored steel bu_i] c'i.ng
with fourteen foot (14') eave height on said proper. ty :Cor ~he-
purpose of opcrating a vehicle repair business. The pl.ot plan
submitted Lhis da.te tio the Board of County Commissioners
represents the location of said biiilding together with thQ
fencing, landscaping, ]_ighting plan and ground cover.
3) That the Comp1 ehens ive P lan for the County of Spolcane shc~.,ys th''
property as being appropriate for industrial use. ihe property
is bordered by the Burlington Northern Roilroad Industi-ial
spur to the East, vacant property zoned Commerical on the Soutlz
and the Ideal Cement Company Plant, having Light Industrit-l,
. Manufacturing, and Mining zoning to the North. The property
is bordered on the West by residential properties.
- - - - 1 4
~ . .
4) That the pr( rties along Trent Avenue, Qujacent to the subject
property are zoned Commercial and are being utilized for
commercial purposes.
S) That the proposed property is not appropriate for a gricultural
use or for residential purposes but is appropriate for commercial
use as proposed by the applicant.
6) That appropriate provisions have been made to assure compatibility
of the project with properties in the vicinity through certain
limitations and conditions as specified herein.
7) That the use of the property as proposed and as stipulated in the
said conditions will not have a significant detrimental effect
upon the environment.
NOW, THEREFOPE, the Boa rd of County Commissioners of Spokane County
does hereby conclude that the above-ciescribed findings are sufficient
and controlling and that an environmental impact statement is not required
for the described project, and does, therefore, order that an appropriate
resolution to change the Zoning Map from the Agricultural classification
to the Commercial classifcation be prepared incorporating the following
conditions: ,
1) The subject property shall be developed and maintained in
substantial conformance with the Site Development Plan approved
by the Board of County Comm.issioners. Specifically: the
building shall be located at least 20 feet from the west property
line; the building shall not exceed a height of 14 feet at the
eaves nor a height of 21 feet at the roof ridge; there shall
be no doorways in the west or north walls of the Uuilding;
the entir.e_.groperty except the tront setback area (fifty feet)
shall be enclosed by a sixToot high chain link fence; at the
owner's option, said fence may be topped with three strands
of barbed wire; a"holding area" located as indicated on the
approved Site Development Plan shall be enclosed by a six foot
high chain link fence, said fence to be made sight-obscuring
Uy insertion of sutiable slats within the webbing with the
space between slats not to exceed 5/16 inches; all vehicles
parts, equipment, or materials of any nature shall be contained
within the building or "holding area" at all times; customers'
or employees' vehciles may be parked within the front yard
parking area during regula r working hours only.
2) No work or business shall be conducted upon the property between
6:00 P.M. and 8:00 A.M. durin; the months June 1 through September
l, nor between 7:00 P.M. and 8:00 A.M. during other months, no r
at any hours on Sunday or thc holidays: New Years, Memorial Day,
July 4th, Labor Day, Thanksgiving and Christmas. This provision
shall not prohibit the proprietor and clerical staff from per-
forming office work during those hours.
3) A row of evergreen.trees, spaced no further than ten feet apart,
of a variety expected to achieve a mature height of at least
twenty feet, shall be planted within the west building setback
area as indicated on the approved Site Development Plan. In
addition, a planting area containing low 'shrubs or other complete
ground cover to be approved by the Director of Planning shall be
established within the west twenty (or more) feet of the front
yard setback area. Said planting area may be enclosed by an open
chain link fence not to exceed 3 feet in height. Both the trees ~
and front yard planting area shall be maintained in good, healthy
condition at all times; said maintenance to include an adequate
underground irrigation system. The front ya rd parking ar`a shall
be maintained in weed and dust-free condition and shall be paved
with permanent asphalt o r concrete no later than June 1, 1977.
~
. ,
- - - - - - - . - 1 - 1 .
4) Exterior lighting sha11 be limited to building-mounted, down-
ward-directed fixtures vn the east and south walls af the building.
Signs shall be limited to an unlighted sign attached to and
protruding no more than Qne foot from the frvnt wall surface of
the building. Said sign shall not pratrude above the r4of line.
PASSED BY THE BQARD this ~ day of 4~v , 1976.
BOARD OF CaUNTY CONMI SS IONERS
OF SP€}KANE COUNTY, WASHINGTON
BOARD 0F SPOKANE
C
,OU N GOMMI~SIUMERS
RAY W. GHRISTENSEN, CHM.
JERRY C. KOP
[IARBY M. LARNEi~
ATTEsT:
v~RNaN W. axLalvD
Clerk of the Board
by :
. ~ • "
rio.,-76
BEFOaE THE BOARD OF COliNTY COMiMISSIONERS OF SPOKANE COUNTY, WASHINGTON
GE- 79- 75
IN TI1E riATTER OF CHANGING THE ZON 1cvG )
r1r'1P FnOM AGRiCULTUKAL TO COMERCIAL ) R E S 0 L U'1' 1 0 N
GN PROPERI'Y LOCA'1'L;ll IN SECTION :39
)
TOti?NSHIP "lS N. , RAtvGE 44, E.W.M., )
SPOKANE CUUNTY, WA6n1NGTON j
lhe above-entitled matter coming on regularly for hearing before the
Board of County Commissioners of Spokane County, Washington, on this day,
and it appearing to the Board that the Spokane County Planning Commission
has given due notice of the hearing on the matter in the manner and for
the time provided by law; that said Planning Commission has held a public
1learing as required; and that the sai.d Planning Commission concurs in the
plan to zone the following descri'oed property as:
C OMZIEP,C I AL :
Lot 1, Bloclc 6, First Addition to Grandview Acres, including vacated portion
of Empire ti-lay ad jacent thereto in Section 3, Township 25 N., Range 44, E.W.M.
Spokane County, Washington.
N014, THEREFORE, BE IT RESOLVED, Lhat the above-described property be, and the
same is zoned under the classification of CONIMERCIAL as defined in the Zoning
Orclinance of Spokane County, adopted August 25, 1953, as amended.
,
rVrD +0"U ;TtIER BE IT RESOLVED that any develapment on the above-described
property shall be subject to the following conditions:
1) The subject property shall be developed and maintainecl in substantial
conformance with the Site Development Plan approved by the Board of
County Comtr,issioners. Specifica].ly: The building shall be located
at least 20 feet from the west pr_operty line; the buildinb shall not
exceed a height of 14 feet at the eaves nor a height of 21 feet at the
roof ridge; there shall be na doorways in the west or north walls of
the buildin ; the entire property except the front setback area
(f_ifty feet5 shall be enclosed by a six foot high chain link fence;
u~. the owner's option, said fence may be topped with three strands of
barbed wire; a"holding area" located as indicated on the approved
Site Development Plan shall be enclosed by a six foot high chain link
fence, said fence to be made sight-obscuring Uy insertion of suitable
slats within the webbing with the space between slats not to exceed 5/16
inches; all vehicles, parts, equipment, or materials of any nature shall
be contained within the bui_lding or "holding area" at all times;
customers' or employees' vehicles may be parked within the front yard
parking area during regular working hours only.
2) No work or business shall be conducted upon the property between 6:00
P.M. and 8:00 A.M. during the months June 1 through September l, nor
bet«een 7:00 P.M. and 8:00 A.M. during other montils, nor at any hours
on Sunday or the holidays: New Yea rs, Memorial Day, July 4th, LaUor Day,
Thanksgiving and Christmas. This provision shall not prohibit the
proprietor and clerical staff from performing office iaork during those
hours.
3) A row of evergreen trees, spaced no further than ten feet apart, of a
variety expected to achieve a mature height of at least twenty feet,
shall be planted within the tvest building setback area as indicated on
the aPproved Site Development Plan. In addition, a planting area
containing low shrubs or other complete ground cover to be approved by
the Director of Planning shall be established within the west twenty
(or more) feet of the front ya rd setback area. Said planting a rea may
be enclosed by an open chain link fence not to exceed 3 feet in height.
Lofih the trees and front yard planting area shall be maintained in good,
healthy condition at all times; said maintenance to include an adequate
underground irrigation system. The front yard parking area shall be
maintained in weed and dust-free condition and shall be paved with per,-
manent asphalt or concrete no later than June 1, 1977.
4} Exterior lighting shall be limited to building-mounted, downward
directed fixtures on the east and south walls of the building. Signs
shall be limited to an unlighted sign attached to and protruding no
more than one foot from the front wall surface of the building.
Said sign shall not protrude above the roof line.
PASSED BY THE BOARD-this ~ day of , 1976.
BOARD OF COUNTY COMMISSIONEKS
OF SPOKANE COUNTY, WASHINGTON
60ARD OF SPOKANE
COUNTY COMMISSIONER6
1ERRY C. KOPET LARM
NARRY M.
ATTEST:
VEItNON W. QHLAND
C1 e rk o f the Boa rd
by: .
eu&r
This is to certify that this is a tx~
and correct copy of Resolution No.
pa sed by the Board this ~ day of
, 1976.
Uy. ~
e r o t e I3oa rd
I hereby certify that I have posted the above
changes and revisions on the Zoning rlap in the
Building Codes Dena rtment, and do further
certify that the zone classification change is
the same as described above and shown on the
attached msp.
SIGNED:
DATED ~ ~ .
Application No. ZE --7c1-7 S Res. No:*~ 76, -/:t~ / Res. Date
Fr om : T o :
~
Posted By: Date Posted: ? G 7(,
.i
Acres: Sec. Two. ~ Range L 4L
EAST
v! (Wall Map) Building Codes Department Scale: 1" - 1000'
(Wall Map) Front Office Scale: 1" - 1000'
(Wall Map) Middle Office Scale: 1" - 1000'
V (Section MaPs) Front Office Scale: 1" - 400'
(File Map) Tracina- #34 (ValleY Zoning MaP) Scale: 1" - 1000'
L/
l1r' 1~- (File Map) Metro i~11 (Director's Office) Scale: 1" - 2000'
(File Map) County - Front Office Scale: 1" - 1 mile
z e)o '
(File Map) County (Map Room) Scale: 1" -a miie-s
7 (Score Card) Middle Office
SOUTH EAST
(Wall Map) Building Codes Department Scale: 1" - 1000'
O,N;~'1_ Map) Frppt Sca!e• ' - 1000'
i11 Map) Middlr Jffice Scale: - 1000'
(Section Maps) 'Front Office Scale: 1"- 400'
'Viap) Tracinc #34 (So,.`h East Zoning Maps) ScalP- - 1000"
_fF, te Map) Metrc 411 (Directors Office) Scale: 2 000'
,
(Score Curds) _,_rlcc-
~
T ~
I~~O. 7b
I30:.RD OF COUNTY CDN4I SS IONERS OF SPOKANE COUNTY ~ WASHINGTON
FINDINGS AND ORDER REGARDING ZON?NG MAP PROPOSAL, ZE-79-75-
AGz~ICULTURAL TO CO~Il~ILRCIAL: LITTEL
j;14TEREAS, the Spokane County Planning Commission did, after public
hearing on December 12, 1975, forward to the Board of County Commissioners
a recommendation that the Zoning rlap not be changed from the existing
Ag1-icultural classification to the Commerical classification on property
described as follows:
Lot 1, Block 6, First Addition to Grandview Acres, including
vacated portion of Empire Woy adjacent thereto in Section 3,
Township 25N., Range 44, E.W.M., Spokane County, Washington.
and ,
WHEREAS, the applicant beforc the Planning Commission, ::obert L.
.
Littel, did request a hearing before the Board of County Commissioner;
to present evidence ~.nd testimoncy in favor of his applicstion, and
j•IILREAS, the Board of County Commissioners did hold a public hearing
on January 22, 1976, to consider the recommendations of the Planning
Commission and testimony and evidence of the applicant and other interested
parties, and
iMEREAS, at said hearing opportunity was afforded those favo-Ling
and those opposing the above-descr_ibed Zoning Map proposal, and the
Doard of County Corrimissioners of .":)pokane County having fully consiclered
the testimony given, the records :ind minutes of the Planning Commission
and all other evidcnce presented and having personally acquainted them--
selves with the site and vicinity in question, does hereby find:
1) That the site consists of_ approximately one acre situate on
the above-clescribed real property adjacent to Portland Avenue ~
and the Purlington Northc►rn Industrial Railroad spuz.
2) Thatt: the applicant pro~oses to erect a colored steel buildin~
with fourteen foot (14 ) eave height on said property for tizc
purpose of operating a vehicle repair business. The plot plan
submitted this date to the Board of County Commissioners
repr_esents the location of said building together with tne
fencing, landscaping, lighting plan and ground cover.
3) That the Comprehensive Plan for the County of Spokane shcils the
property as Ueing appropriate for industrial use. The Property
is bordered by the Burlington Northern Railroad Industl-a.a1
spur to the East, vacant property zoned Cornmerical on the South
and the Ideal Cement Cornpany Plant, having Light Industrial,
. Manufacturing, and Mining zoning to the North. The property
is bordered on the West by residential properties.
. ~
. ~
i ~
4) That the propE Les along Trent Avenue, a~ cent to the subject
property are zoned Commercial and are being utilized for
comme rc ia 1 purpo s e s.
5) That the proposed property is not appropriate for agricultural
use or for residential purposes but is appropriate for commercial
use as proposed by the applicant.
6) That appropriate provisions have been made to assure compatibility
of the project with properties in the vicinity through certain
limitations and conditions as specified herein.
7) That the use of the property as proposed and as stipulated in the
said conditions will not have a significant detrimental effect
upon the environment.
NOW, THEREFORE, the Boa rd of County Commissioners of Spokane County
does hereby conclude that the above-described findings are sufficient
and controlling and tha►t an environmental impact statement is not required
for the described project, and does, therefore, order that an appropriate
resolution to change the Zoning Map from the Agricultural classification
to the Commercial classifcation be prepared incorporating the following
conditions: ,
1) The subject property shall be developed and maintained in
substantial conformance with the Site Development Plan approved
by the Board of County Cocrnnissioners. Specifically: the
building shall be located at least 20 feet from the west property
line; the building shall not exceed a height of 14 feet at the
eaves nor a height of 21 feet at the roof ridge; there shall
be no doorways in the west or north walls of the building;
the entire property except the front setback area (fifty feet)
shall be enclosed by a six foot high chain link fence; at the
owner's option, said fence may be topped with three strands
of barbed wire; a"holding area" located as indicated on the
approved Site Development I'lan shall be enclosed by a six foot
high chain linlc fence, said fence to be made sight-obscuring
by insertion of sutiable slats within the webbing with the
space between slats not to exceed 5/16 inches; all vehicles
parts, equipment, or materials of any nature shall be contained
within the building or "holding area" at all times; customers'
or employees' vehciles may be parked within the front yard
parking area during regular working hours only.
2) No work or business shall be conducted upon the property between
6:00 P.M. and 8:00 A.M. during the months June 1 through September
l, nor between 7:00 P.M. and 8:00 A.M. during other rnonths, nor
at any hours on Sunday or the holidays: New Years, Memorial Day,
July 4th, Labor Day, Thanksgiving and Christmas. This provision
shall not prohibit the proprietor and clerical staff from per-
forming office work during those hours.
3) A row of evergreen trees, spaced no further than ten feet apart,
of a variety expected to achieve a mature height of at least
twenty feet, shall be planted within the west building setback
area as indicated on the approved Site Development Plan. In
addition, a planting area containing low shrubs or other complete
ground cover to be approved by the Director of Planning shall be
established within the west twenty (or more) feet of the front
yard setback a rea. Said planting area may be enclosed by an open
chain link fence not to exceed 3 feet in height. Both the trees
and front yard planting area shall be maintained in good, healthy
condition at all times; said maintenance to include an adequate
underground irrigation system. The front yard parking a rea shall
be maintained in weed and dust-free condition and shall be paved
with permanent asphalt or concrete no later than June l, 1977.
~ 1
, I
4) Exterior lighting shall be limited to building-mounted, down-
ward-directed fixtures on the east and south walls of the building.
Signs shall be limited to an unlighted sign attached to and
protruding no more than one foot from the front wall surface of
the buildirig. Said sign shall not protrude above the roof line.
PAS SED I3Y THE B4ARD thi s day o f 1976.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
BOARP,
COUNTY CON1N11SSf0yERS
.
lERRY C. KOPET
jiARR M. - ATrl EJ 1 :
VE-RNON W. OHLAND
C 1 e rlc o f the Boa rd
U . y• •
~
.
. ~
MEMO T0: Charles L. Huggins, Director
Planning Commission
FROM: Jerry Neal, Chief Civil Deputy
DATE: February 23, 1976
RE: LITTEL MATTER, ZE-79-75
In reviewing your findings and order in regard to the
Littel matter, ZE-79-75, I noted at provision 5, a requirement
prohibiting noi$e in excess of 75 decibels as measured at any
point along the west property line. I am wondering in regzrd
to the noise factor whether you are aware oP Chapter 173-60
Washington Administrative Code (WAC) which I have attached for
your information and I direct your particular attention to
WAC 173-60-040.
If you have any questions in this matter, please give
me a call.
is J.N.
• e r:.c, i~
;
'=;;-`OKANE COUV
,
. ~
~:':apter 173-60
!11XI.".i;" y0I5= Lv_7ELj
• A ~
,-o,o nuthority a-.a purpose.
1'?-54-020 De.fiai`ior.s.
17?-50-030 ?ipn!ificat'_or oF environaen:s.
.,'-cQ-rur, !+aximua persissible envircrtmer.-a1 n~ .
'73-E^-05': Ex~so'_ior.s
• 7"1_50-460 !vu:s?nce requlations not prohibita ?
173-i0-C70 -ruturc- reqnlatior.s.
'13-60-080 nar:anc?s and imaleaestn*_ion .3chedu_
173-E0-090 E^ferceaent p-alicy.
173-64-100 Apo2als.
:73-60-710 Cooperatias yi!h locel 3Dvprnse.^.t.
Effec'.ivQ d_te.
173-60-010 AIITH03I*Y ayJ ?U:t20S_. T^ese tuies F~-e
oursian*_r to cF.ap!er 70. 107 $CK, the ?toisa Cor.trol a--*
'1?7-, in order to estab2ish raziana r.oise levels peraiss'_CIa
;aPntified environaer.ts, and there8y Lo vrovide use stan3- ~
-2s :213t1:1g !o the reception of toise vithia sac}: envi:or- ;
rq-3o; 74-32, § 113-60-810, fiied 4/22/75, eff. 9/1/75.] ~
r;= 173-EO-02G DEFS9ITI04S. (1) "Backgronn3 Seur.d Leve:"
:hc level of alI Qoar.ds in a qivea en9ironsent, ir.?egp^-
ac-r.* o_' the spscific source beiflq seasured.
(2) "dBA" means the sound pressure leval in decihe:_z
a-3zur=d us:rg =hF "A" reiqDting aetxork on a soacd lev.=? '
mqror, Ttie sonr.d pressure lerel, in deciDP:s, of a sound i= 20
. tiaES the logaritha to rF.e bsse 10 of the r3tio of the nressu=~--
of th~ soacd to a reference pressure o: 20 sicropasca2s_
~(3) "Departoent" senns the flepa_-tment of ecology. ~
(u) ornirector" aeaas the director of the dep3rtser.± e°
•--colo9Y-
(5) "?DW means tre envi=onaental desiqna±ion for no~_-
° :.b.tem,en*, beinq an ar2a or zor.s (enaironoQnt) rithir. vh;_ c;.
iazisua,peraissible no?se levels are zstablish3d.
(15) "Local Governaect" msaas coantp or city qovernmar.t,
f coebir.a; i ca of the t yo.
(7) "8oise* aaans the ?ztensity, dn[ation ar.d ch-aracter
souads, fros anv and all sonrces. _
(8) ^Persen" mear.s arg ind:vidgal, corporaFion, parta=r-
!:-hzp, aszociation, qovernaen*.al bodp, s!ate aqer.cy or otre_
-n*.i±y vhatsoevar.
(9) "Propertp Boua3ar7" 22ar.s an is3ginary lina ezLprio: _
Lo s*y enclose3 structurE, at qroaa3 sar°ace, vhich sPparate~,
-~e rFal propertp ovr:ed bY or.e pe_son from tba*_ ovr.ed by
::.etter oerso^, aad its 9F-tical extensior.
(10) "3aciaq Fvan'_" lQdLS any rotor ♦ehicle caapeti_:-,
:.:;ndsctel under a perait issued Dy a governme.^.tal autFori-y
:,vinq ju.-;sdiction or, if -uch ?erait ?s r.ot requ?rad, '::,r
ua3er the aospices of a recoqniz2i sanctionir,g body.
(11) ^4ecPivinq Property^ aeans real orooeriy ri*hin rhi•:h
c`-p ar_:i9ua pPrmissible nolse lsvels speciE?e~ herein shall n~t
!~e axceoled froa sources outside snch prapertp.
(12) "SAli!2a Level Meter" seans a device vhicA measurp- .
;.our.d pressure levels and contor3a to *YpP t o: Tyae 2 a~
s-,a-C_4fiP'] lII the A9eC1C3[' 52i10[18l 5tai11j3rd5
C'L10R S 1. 4-1971.
4.17n. 4 15 (6/1/7ri) :iASHIV:;?f}V AJ'!:N. CnDr ( 173-6'1,---n 1
~
~
TIT'!._ 17? ~L7[.' DFPAPTrg,y^ pr
. - i
(13) ^iid_e:Craf"" nenr.s a.^.y cor.trivancP, ?:i•~ZU'j~L~~ •3~=^
,.=a`. used or caoable of beir.g use3 ds a aeans of *.rar.spcrta- -
tio- or recreaaion or, vater. [Order 74-32, § 173-50-020, filgd
4/22/75, ef:. 9/1i75. ]
w _ 17~- ~0 ID%NTI?lC.3TL0y OP ~x-
cea• Y^e;: ~-c:3e•3 vithin soecific prior desigr.stions 3s
:,=o:'_:?e9 i:: s-i5ssc:ioas (2), (3), ar.3 (4) of ±his sec*_ion, *.he '
ZDNA o: any pro?er±7 shall be based on the Alolloving !poic3l
l_ses, =a*i-; into cor.sideration the p,esent, futnre, and
h_s-o_:c11 -2s37e, as well 3s the usage of aajacer.t ani other
lar.r?s ir. zicin:`_p.
(a) C*_;ss A ~D:tJ► - Lar.ds vhP:e huaan beinqs reside and
$~Fi°:~. ~77_~3117. C13S5 A F.7HA Vi11 b@ ftle f0~.I'~J~.. i ?:3
or00e=_7 =as-11 _e_ h-asan habi!atzon:
.
res_'_e: __a2
nu:_inla `aaily livinq accomoodatior
. ('_i:) =-c_-?3-ia7!aI and eatartninment, (o,
caa?ing fsc:=__?es, a=i =esorts)
• (iv) C:aaz:i+*_y se:vice, (e.g., orphnnages, hoaes `or ho-
ho-srj _i:_, he3leh ar.@ co:rectional facilities)
(b) :=3ss ' ED.ra - La:sds fnvolrfnq uses requfrinq prottc-
tie:. ag??rs- !r.-o*_eLan,^e ri'h spasch. Tyoicoelly, Clnss R
. E^NA vil'_ .4.e _ :a _'o1_ov±rg !ypes oE prooe*ty:
(i) Co3ai::ia: 1'_vinq accommadat-ions
('_i) C»>?rc-;al d?r,iaq PS'dbllsh'se!1ts
(=j1) lC`.7L VQ4iCZe sa_vices (iv) 3a-aii sorvices
!-o flar.ks azd office bnildings
;vi) !!:scel2aneous coamercial sarvices, o.apprty r.o' uS39 .
.aaa habi :a!ior.
(.Fii) 3ec_eation ar.d Paker_ainmeAt, property :tot used for
tiiast habitatioa (a. g. , theaters, stafliuas, fairgrour.ds, and
amnsemen± oarks) ,
(viiij Coana;,itp s2;vices, propertp r.ot use3 for haman h3bitsyiom (e.g., edacational, reliqious, govarrsental, caltnr-
al ard rec=ee*_ional facilities).
(c) Class C ErFiA - Lands involving ecor.ooic 3ctivitjes of
sich a Zallnre that. higher noisg levels thar ezperiencsd in
o'_her ar?as is noraally to be ar,ticipated. Persons wotkinq ir
thasc~ areas a:e noraally covered bp noise coc+:rol regulations
• oc cho dapa:cisnt of labo: and ir.4ustties. Usss typica2 of
r1355 1l EDNA are generaZZq rtot permi±ted vi*_hin such ar?as.
Typically, Class C EDHA vill be ±he tolloving typ=!c o`
~)-Operty:
(i) S:otag?, varehousL, an3 dist:ibu'ion facilities.
(ii) ZZdnstrial propertp used for Lhe productzon a:d
T'1C3!ion o'_ 3u_able and nondureble man-made qoois .
(i=i) lgricultnral an3 silvicultural prope=*_p used for *_ae
prodic±ioa o' crops, vood pro3ucts, or liv-stock.
(d) ~herq there is neitAer a zor.ir_g ordirance effECt
r.or a: ?4cptei cosnrehens?ve elan, !he leqisl3tive sutror?-p of
'_oca'_ qovPrnz-zt map, by ordinance or =esolution, desigaace I
S?EC:r_r3liy described _°DN113 rhich confoca to tAe zbove use '
crit9*_'13 an3, nooc d2par*_apntal appro7al, £DNAs so desiqr.ated
sF:all ba as set Fozth in such local determination.
(e) 'r';e-s r.o speci:ic prior desigr.a!ion oF EDNAs has hFan
made, '.he a??ropr:at2 EDINl1 fo: propertios involved in any
\ E!tfo :C2m ?Zt aCtivltp rill be determinsd by the iaves±iga*_ing
official oa t2:-~- basis of thG criteria of (a) ,(b) , an3 (c) oc
-his subsection.
(2) ?n arsas covered by a local zoninq ordinaace, the
leqislar=va au:ae:_"~p oF the ioca2 gove:nmen: may, by ordin3nce _
or rz~so"Ci+_:am 3esigaate £D2t11s to confors vith the zoning
o='_:naace as `ollo+s: .
;3) a-Is_'?-:~i31 zor.es - Class R °D9A
[ 173-:Q--> 21 Sc?o. 315 (6,/1/7,)
. ~
. .
i" .
Vf"~
r~, _o;narc~al z~n.s - Class 9 ':DV.\
~=y :r.dustr'_ai zones ~ Class C 7-DNa
-~~n Lporoval by the lep3rtaen~, E7N11s so des:gaate9 shal?
=_s 50= fOrth in sucy local determination. EDNA designa_ior.s
ba amsn3ed as necessary to coafora to zone chanqes under
- c_ _ : _a q ordinar.ce.
(3) =n areas not coverad by a local zoning or3iaaace but
'hp coveraqe of an adopted camnrehensive olan thp
authoritp of the local qovernmeat. miy, 6p o;dl!13PC0
=-soiucion des? qrate EDKAs to conform wi*_~
-s `ol~ovs;
?es?dpntial areas - Class a °Dr?-
Commqrcial areas - Class H '-;'DyA
I^dustrial areas - Class C ?DKA
-.'?'J^ d',JpZJY3l by tfi@ 3apartment !DNrlo 5o G^.
'orih in such local deterainatior.. ?DNA d2siana•.ic:..
--4:1 am,7-rded as r.ecESSary to con`.o_m t^_ chanqes in the
D.d't.
- rs) -hp Iepar#,mort reciqnices that o^ crrt.ii.^. iarr'F, se-
- t:a-,Iuillity, or flni~.-t ;rP in p~s••n~:~i p~: _ nF
thF c-nvironm4nt ar3 se:va ar. ?a~por•.•+r.t puDlic n~~j. .
&-signa::on of suci: la:,ds xith a?n_occi3- ao:s- 1FV~1
s-~~ ='s bf IOC31 qovtrr.x2ri eay be a3ip :e,! subjECt _o
by tl:e deparLmer.*. The direc±or aay 33ks suc:-, spaciil
,-~~ior. purssant to *}e procedu*es o: ttie Adai^istra~i f~
-s Ce*a.,? Ac`., chap±er 34.04 RC1i. [Or3sr 7u-32, ~ 173-EC-C3),
u/22/75, e°c.
~w= 173-60-CLO HAXT_'!U'S P_3'1=SS:9LE °ti'!I.°,0'1'!°!iT4!
(1) YO person 5~.311 C?lls2 O_' p?_m=t '015- t0 1r.r:Qj?
}1e propertp of acother pezsoR +hic} ncise ?xcPpds *4G
=x_mfis oormiss?ble noise 1ev41s set for•_h beIor _r. L~_c
(2) (a) T4- no{se lfmitatio*s es*_eblisha-I are as se- fnr*_} '
;n the 'ol?ovinq table 3_°LPr eny applicabls sdjuatm-r.Ls orovi3-
E: fo_ hqtez.^. are appliEd.
7:'1A 0.1 FDNA OP
--------------------------~:'S€aY~L~_PFQ:r$TZ-------
~_~14f,~-~------~~~~~-8------~~~~~-`-'----- .
• CiASS A SS dRA 57 d9i► 50 d$A
CLaFS 3 57 EO ES
cjA SS c ----------------~~----------¢5-----------7 c
(b) E-?txepn the hours o` 10:00 p.m, and 7:00 a.a. -rt -
1:m?cat_or.s of the foreqoing *.3ble shall be :E.uce3 bv iC
~ 3A foz recei v? ng Q:operty vi thin Class A EDNAs.
(c) I►t any hour of the d3p or n'_ght *h,~- applicable no_s-
:ai'ations in (a) and (b) above aap be EZC2P3@d for a::v
=~ceivir,g p=operty by no aore thza;
(i) 5 dBA for a to'al of 15 ain+itns in any or.P-ho,i=
---?ol; or
(ii) 10 ~BA For a total of S minu}FS in any oca-ho,t=
~--:od; or
(i?i) 11 d9A for a total of 1.5 sinna-s in ary onP-ho,ir
(Order 74-32, § 173-50-040, fi1=d 1/22/75, ~E`_.
~
aC 173-60-050 EX£riPTIO*tS. (1) Taa fo1_oa? *q s~a12 b=
:rou t~e provisior_s of RAC 173-60-OUD betveen tre hou=s
a.a. anrl 10:00 o.a..
j15 (6/1~7=>) C'-D- f ',?i-r l;__p
• . •
• ~ 17; ~')LOrY, 7EPA?i?7OF
. , ~
(a) 3oar.3_ ___qina4 _ing from :Psidefl _.al p:op?_r*y r,
to ~an oora:y projects for the mafnteaance o: r°.i131r of hcT--,
q=oua11 s ar•3 appnrteaances.
(b) Sour.ds craated bp the 3ischarqe of fi:earas on au*.ho:-
izAd shooting rangss.
(c) Soucds crea*_ed bY blast£r.q.
(1) Souads created by aircraft engine testinq and aainte-
;sot re2ate,? to flight ouerations, PaQVIDED that airc:aft -
ar.d aain-lennr.ce shall be conducle9 at remota siteF
~
rF.ereve: ross' ole.
(p) Soun"s cr--a*.ed by the :nstn2la*_ioi. or rgpaic of es~iP!:-
*itI il:ti{~T 5e:V:,'".2S.
(2) ihe foIloving shdll bP exe3pt from :hp provisions 3±
. w A.: 173-50-0-0 (2) (b) .
(3) 5oi.sP from electrical SllbS±3t1-iII5 :w ►:ti Asisting s* .
'ivr a.-p ?;uipaP^*_ used in the car.vepance of r=!er bp a utili`
(h) f:oa ezistiaq ir.dustrial ir.stalla*.ior.s wh:.
-;--xcspd -}e s'.a-3a-cs concaiaed i❑ !Fesa =equ2a*ions ar.d v:.ic
ovar '}a ~.sv'o•~s -aree years, have cons;stentiy operatP3
pxccss o` 19, hG1L5 aFr day as a consequence of prx,
' ::e-:-ss'_-. -t-d!oz deaonstrate3 routin~ noraal operatio~..
ar.?ss ;m ~ro=kir.3 hours, vhich vo+sld affec± exemptivas ua3e: ~
~his regu=a-iar., reqnirF aparov3l o` tye depa:'_mon'. ^he f^llovi. g shall be ezeap't from tre prov?sions of
a?,C t~3-5•~-~•~+~, azceat insofar as such provisioas relate ±o tha
^o?se r_'hia C13ss A ED!tRs betraen tha hours of
~1:09 D.3. 3i! 7:00 3.@.
(a) Seaads o_igina`_ir.g from tevporary constrnction si+-E
s 3 resai: a_° construction activity. .
(b) So•:*ds or?gizatir.q from forest ha=vpst±ng srd silvi-
❑l~ura! ac=iv'_~p.
(u) :ollowinq shall be exenpt from -i11 o=ovisior.s 3f
~iA:: 173-50-01P:
(a) Sonnds created bp mo!or vehicles wh:er regula'er' hv
c^ati_er 17?-02 WAC anti *otor vet:icles, 2icer.seI or ur.lico^sed
wh=_n operatFd off public highvaps EXCEP^ vhen such scunds a:e
;eceivPi in =1ass A EDNAs.
(h) Se+ir.dg oriqinatiny from aircraft ir: °.1?vht ard ,nnn!~
~ chA+ oriqinatp a• r.irpo-ts whic!: are dirpc*lv r-latel *c+ fli•+h'
cp-Ira!ions.
(c) Sounds created by surface carr?Q:s en-3-,qt?d ir. ?r.`ztr-
,;r_ate coaaPrce bp tailroa3.
(d) Soar.ds created by varninq devic,~s not oppratir.q co-t-
*_ir.uouslT :o- sore than five minutes, or bells, chimes, ar.d
' carillons.
(e) Soaa9s created by sn:-~*_y and p;otectivp dAvices v!:~-a
' -oiss SuODL255!on vvul-d defeat *_he inter.t oL tha dev?ce or is
r.ot econoaitally feasible.
Sour3s crzated by emerg2ncy equipsfn± and work *ecPS-
s?_p ?r *_h- in4-erests of law 2nforcem?r.± or fo= healtf, safr-1 .
or vei`_are o° the com2unity.
(q) Souzds oriqinaticq from ootor veh:cle racing evcr,cs ~t
-~xistin3 aa'.ho:ized facilities.
(h) Soands originatiaq from of`_ici31'_p sanc+ior.ed par3d?°
a^.i o_S-r -a,lblic evpnts.
(i) sanads from tzist? nq rsf:iqetation eqnipment for n=as- --vat:or. of rstaiZ footl aaods.
(j) Sou^ds emitted from pe*roleuo ra°ir.n=y boilers dn:'_^.;
v4-1__u? Of sai3 b,)ilers; P°OVIdED that t!:a stacr_uo operation _s
isp*_ioe hours whenever poasibl".
(k) Snu-..is crpate3 by vatercra_'c. ~ ' .
(1) 1; o~a3s cr-t-ated by *hP 4;scharge of F'_=F3LOSs, in tk- -
co,a:.s' o` h4.^.'_1 :7.
(a) 5OaM5 caused bp na*_ural phenoaer.a a7d ur.r.opi:fie(i
~:L'aaII vp2CPs.
(5) '!'he follori!tq shall be exaIot _°.oa ill provic~ior-- -)r -
. 4AC 17~-oJ-^1t1 l !!ay 1, 1975:
[ 17 t-t0--. 2 ) Sapp.
' r
.
, { ^ yAXIML'H °NVIRONMsNTAL NO=SE L°_V?LS 173-6103
(a) Sounds oriqineting from existing natural qas tr3RSais-
s_O: ?acilities.
(o) 4orhinq in thoso exemptions Sa fater.ded to prPcluee
:`_a rroertaent fros rsqnirinq instnilation of the best av3i1-
~_-,:e r.oise abntoaent technoloqy consisteat vith ecoaoaic fOAsi-
The establiahaent of any such reg'11r@aent shall be
-_Z;-ct to the provisions of the Administrativs Procedure Act,
3U.On RCW. [Or3er 74-32, § 173-E0-054, file3 4/22/75.
_l~~_~G__Q¢4 NDiS71NC° RZGULATTGw-~ Nn r r,:r, •:i
. r~• ::ag ia Lhis chapter or tha exemptions QL'OV1J.-d ho°t-i:
be construed as prevanting local govs.noer*_ froa raaula•
-n; zo?sa from any sonrce as a r.uisar.ce. Local resolu:?o-
^_.i"acps, rnles or requlations regula!ing aoisE vr. s4ch
=as_s shaZl aot be deemed inconsistent vith this ch3pter by
___3r_aeat. [Or3er 74-32, § 173-60-060, file3 4/22/75, cf_.
171_§0- 70 POTURE REGOLA'"ZO!15. 7t =s the _r.-:.*.tii: '
D_ dap3rtmen~ to establish use standards aal/or p--~_fo-ma*.ca
, =:3zd;:ls for the follorinq sonrces of doise eaempted c=
. :a=:?ally ezeopted fros the reqairesents of ±his chap-er r.:,,
".a-ar than June 30, 7977.
(1) Sounds created bp aircraft eaqinP test:ng an3 r►ai*►t-
-_-:.eo not related to tliqht operations, tbrongR the adcptioa c`
--e+ chdn*_er 173-6n V11C.
(2) Sovnds created bp construction equipmor.t acd emar.e±in-;
=ci cocstruction sites, through the adoptior. of a r.ev c!:a a±a=
173-E5 StAC. '
(3) Sounds craa*.ad by metor vehicle raciag events, through
adoptioa of a new chapter 173-63 x1tC.
(C) Sounds crpatQd bp Yatercraft, *hrcuq" •he adop*i.-r. o`
3 Lev chaptet 173-70 ViC.
(5) Sovnds create3 by the operation of equioc+ent or f;tci.-
f iti,~s o: surface carr'_ers enqaqed in comaerce by railroz3, -.o
tF.a ez•_?a`_ cansistent r.tb federal lav and regulatiors !hroui;:
*he? a9op*_ioa of a new chaptPr 173-72 uaC. {Order 74-3-2,
6p-~~7^, ~il?d 4/22/75, e:f. 9/1/75.]
.
173-60_080 VAB:ANC?S Atir
' (t) v:i-:ances aay be qranfed to 3ny rP_sor. f.on ir:i pa_-'_cu'_-~=
i°qairQa?nt Of L}i15 chap:Cr, ?.f findir.qs 3L'- 9die t:;a: 11Y3dl1-
atn Cr@Y1:aRC2 11:Cti1 Sl1Ct1 requi:amar.' car.no` tiF dC}1_37Ee hEr:u~=
s?ecial circumsaances renderinq immedia!e cCADljer.cf ur.-~,A- '
7c-able iu liyht of pconoaic or physical f3C`C=St ar._o3r t.:n,? r.
[Jrcroachaert] ugan an ezistir.g noise scurce, or bFCause 3`
^OT'3V311iI1ilitp of feasible technoloqp or cortrol ae*hoTs. ;^"r
suc~ vsriance or reneval thereof shall be qran'pd or.ly fo= th=
a?:;_mns *_iae period found to bp nQCessa:p uade= t6e facts a^3
C2rC3aS~31C4S.
(2) 1ln implesenta*.ion sche3ulP for achipvir.a CD@D_:3r.r_F
-his chapter shall be incorpc.atea i.^.lo ar.v variar.c-
: ~ •-lEa ~
(3) va:iances shall bA issnn3 or.Iy +icor. _pplic;~•_:os
i:nd af±er p:ovidinq such in•_`o-aa*ior. as %iy bE rFqn-_--
No variance shall be issuPd fe)r a pe-:io! 31: ao:e *har 3~
'3:= az~-Qt ioon du-,~ notice !i tFe public vi•r e:)portur:•1 c»9 a^~. Public haar?r.gs nay ba held, 1r?r siEscartt:a: vuhli:
is shovr., at tho discre*f or. of tho- is-uiaq aqarcv. _
(u) Sou_ces oE noiso, subject to •,nis c::?p`Pr, +ipor~vti-c,,
-(7-:.st7ur":ion begins arter the @ffECL1Ve za-E hereo` sha?!
uFdi?-oly coaply vith the reqoirea-~r,-s _?:•_s cttlpr-: ,
~1~(F/1%7r1) f t-t')
~ .
. .
TLTL''' 17 3 p- nf_
PYC°p_ =1 ?:Cf:3J:d1T:dLY CirCa25`.3.^.C°S VhG?'9 OVp!7=1CL1Ill3 COf.iid-
@r3'!rJnS Oi D11b11C 1R!QrBSt dIC!Qte the iSSlI7f(1CN 'Of d 7Ht?li1C?.
[0-dec 74-32, 5 173-60-080, °il?d 4/22/75, e:f. 9/1/75.1
_ i?Z_E _sgQ E'tF03CEM£YP POLICY, t7ois4 7?3SUrezer.l for
-.tiF pli:ocses o' ?as:o:cin9 "he prov}.s!ons o.' WAC 173-060-0140
sh•ilL b2 aeasarea in 3BA vith a sound level aeter Mi*h •!:o
po:ni of ae3si:ezent being at any point yithir 'he recQivini
proFerty. Such enforcesen± shall bR n.^.d.='31CBL orly uF-:.
r9C?1p'_ O- 3 C73Dl31IIt IDd3° by dp9I50:! VL7 Z@31d85, CY'
arops=tv, *Z= :s e'ploped in the area affec-ed bp the a,3ic
complaiaed c`_, EZCEPT for parks, rocreational -3rPas, ar
wi13;'_f- sar=•a3=ies. (Otder 74-32, § 173-50-090, `f12
11/22/75, .a°_`. ; it/75. ]
WAr 173_4:1-1_0 1lPPF?.LS. Any pP.-so^ 3qITi-ved hy a: v
3?CIS=C>1 0` -he aepa:taert in relation *.o fh- 2r.faccEmert -3=
t}:° ■3X_i21 7=-s2sS:tiJl@ r_oise leV?lS provi3F1 °_O: t1PrCli:, j4tc
qras`:aq a: os a vsrianco or the app.ov3i o~ A_Jsaoorovl~L
of a iocs; =-s3Ialicc o: o=dir.ar.ce for r.a'_se abatencr,+ a^ 1
,7ont-ral ma? =:~=es_ zo t~e pollu:ioc cor.*_rol hearir,qs boa-,'
:ursna-, = -'?z)-?r UJ.2'.3 3CV 'Inder ~'12 or~~eaares c` c*3c?-Fr
?71-0 d ; 173-60 -11 0. =-1~-^ ~!22/7c.
/1/7~5, ) 77 ii.4--~;r.
Th? ~2~.,_'7CO.^.C2iTAS the L'IP,•^_"iO!1 G: *0=52
COtit-r01 !O b4 D_:Q3CIly `.h3 rOlo OL ZOCdl QOVar^!lIQ1} Zn''
ir.ter.ds act?v?ly •o Fccouraqp local qovprnwar.t !o adcpt mea-
sl1LES fOi *:O_S°_ 3i3'_0mPt1t an3 C'JI1tL02. MIt-~4r-Vo_ St1Ch PtE3SIl:c:;
3Ls made @ff?CtloQ dRd 3t° being 8CL? 9E1v P!1tJLCPd~ +h4
~ len3c*men: doqs r.ot intFad to engaqe direc+__v iz enforcpmen-
activiti?s.
(2) So orainar.ce or resolut? on of ar.y 2oca1 gcvErna=nr.
vhic} =aposes noi-se control requ=remer.ts differirq from thos-
ado?'.ed by the 3epar►_ment shall be effective unless aad u^t:'_
avnroved bv the lirector. Zf app^o•al is dezied, the 3epar'.-
' a?n}, v?thin 50 days of suhaission o: such lccal orlina*►cp Or
:esolction to the deoa:taent, shall 3elivFr :ts t-ta!emartt or
o-d~r o` 3pnia1, designatinq ir detail +he spec±fic
a.oris'_or. (s) `ound to be oD jectionable ar.d the aTecise groec+is
vhich •hr- decial is based, and shall suhvic Lo th- local
;:~v~rrw-^t, the deaarcmFr,t's suygested mo~!?fica-`_on, -
(3) '!'h- 3Ppa_tTeZt shBll encouraqe a:i loca2 goverr,m-?r.•r
-r•.`: rcicg ^oisp ordinancFS petrsuart ±o this rhapler ro CAI:S1d-r
and land usa plr7nir.g a^3 -or.ir,,J, jOrjer 71-3?,
; 1 7~--1- t1 ~ ui,~,?i7-~ af:, t:/1,~7-, ~ •
7a - 17---__..1_ ihl_ -_h3pL??' ss!:d.'_1 DP_COIDQ
~ f`ec-13v-? o: Sep tember 1, 1975. It is `_k:p :r.±en tio:: cf the
d°p1: _3?,t to per?odically revi.v 4-he provisions herecf as r.pw .
in`,-_sac:cn becores ava:2able _`or the purpos2 of :n3kir.q auend-
3aats a s ~i ap:ooriate. [Or3er 74-32, § 173-60-120, fil?d -
3/22/75, o"_ 3/1/75. ] .
~
il {F/1/i
.
RECEIVED
f .FEB 41976
/*-"Q 4' C~ IK y SPOKANE COUNTY
1-1 P,,~,~ .-7ci4~.~~.t, ~ PLANNING COMMISSION
c7~~%~~
C C,-7 c/4" cj(, ~ s=7 0~
S~ruc 7~urr~ rrcc~.v~^ 74-ui''~J e- W, crr C/ 1~' I
y
~ •s ~ d ~'a c'~
-e s oi-t 5 u~, o`Pr
SAv~
~
! ~ K s P ~ 7 )0( 0y .e 4"o- t- a d ~ cx "ly 0
S 7- a
/
u't7
14/1
7
P r f~ ~ j f S u~j> Pr f' q y p~ s~1`~' v~vcts/
d
ol i--
~`r
~
~ -
~ , ~✓f' ~ ~ , ~ .
~ yLI L~'j
17 )O~ ~.t-
/
T'l 4/
/
~
G l.S ~i f~~ G(~sllq! l,P ,
fi d f'/--
. ~
CdhT~"4f"74 ~dsv/hy
/a .v
c°~~~I~f s~>Gr57L+v ~ KS~ ~ dr
d r /Y
c
5 L~ C~ ~l~Y• 4, -C)ee c PP~
~z
~e C~4J 4(S Q s !'c c ~/"d ~ ~ /
l
J ~
~ O~.tof ~ 4l CrT'P ~
/7e u S /Z1 c! : ~ G 'P O ~cl ~ ~ / ~ O G/RS/
1, ~~i ~ '~e
1
~(J!U FY ~ ~o Lv i''7 Q t7„~ k/' Q N C. 'e di / /V 4 T/ O~! c~/ ~ Q ~aYf
y
r~ you ~ oKi~ h~ ~ 7 0/ t, ,'s r C-7y
7"jrt r° ~2 7Lv t ' ` 'C
~
/
I `~an~c y/oct
%N
f~` ~ J r • ~
rHOS R raTE
12423 E PORTLAND
SPOKANE WA ~
49216
.
~
t
QUACKENBUSH, DEAN, BAILEY AND HENDERSON
ATTOR N EYS AT LAW
JUSTIN L.OUACKENBUSH BROADWAY CENTRE BUILDING TELEPHONE
JACK R.DEAN FA 6-5550
BROADWAY ANO JEFFERSON STREETS
CLAUDE F. BAILEY AREA CODE 509
ROBERT B.HENDERSON QQ?nI
ALLEN L. SCHWENKER, II
CLARENCE P. SMITH 09•_-.-
Janux ry 30, 1976
Mr. Charles Huggins, Director
Spokane County Planning Commission
North 811 Jefferson
Spokane, Washington 99201
Re: ZE-79-75 - Littel
Dear Charl i e:
Enclosed herewitli please find my sugyested format for the Findinys and Order to be entered
by the Board of County Commi ss i oners .
Obviously, these are suggestions only and you should feel free to make appropriate changes
therein .
I am forwarding a copy of the same to Mr Neal of the Prosecutiny Attorney's Office.
Very truly yours
QUACKE DEAN, BAILEY
HEND SO
BY:
n L . Quackenbush
JLQ:dac
Enclosure
cc: Mr. Bob Littel
R-ECEIVED
JAN3C197fi
SPOKANE COUNTY
'?1_ANNING COMMISSI4N
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BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
FINDINGS AND ORDER REGARDtNG ZONING MAP PROPOSAL, ZE - 79 - 75 -
ACRICULTURAL TO COMMERCIAL : LITTEL
WHEREAS, The S`JOI<Zlle CO-LIllty Pldllfllilg COillI111SSI0fl clid, after 1).tblic
hearing on December 12, 1975, forward to the Board of County Commissioners z
1'CC0111111ef1CIat:lOfl tI1at tl1e ZOf1111J Nb,) n-)t !)c ci~anc;cc! froi?1 tf1C eXiStsflci Ac!rirti(tL?r:.°
c(assiiicZtioii to tl~:: Co►ii~iicrcial cfassiiicatiorl oil }~ro~~erty ~lescrii~eci as tol(ows:
Lot l, Block 6, FIRST ADDITION TO GRAND VIE1111 ACRES,
including vacated portion of Empire Way adjacent thereto iii
Section 3, Township 25, N., Range 44 E.W.M in SpDl:tM2
County , State of Washington and,
WHEREAS, the applicant before the Planning Commission, ROBERT L.
L I TT E L, d i dby4etter`dated ,1-97-&, reques t a heari ng bef ore the
Board of County Commissioners to present evidence and testimony in favor of his application, and
WHEREAS, The Board of County Commissioners did hold a public hearing
on January 22, 1976, to consider the recommendations of the Planniny CorilrTlissioli aricl
testimony and evidence of the applicant and other interested parties, anci
WHEREAS, At said hearing opportunity was afforclecl those favoririg c-tnd
t{IOSC 0pp0SIIlg tllc ab ovc clescribed Zoriiiiy Mc-ip proposal, aiicl the Boarc! 0f COUllty COIIIIIIISSIOileYS
of Spokane County having fully considered the testimony given, the records and minutes of
diP P lanniny Commission and all other evidence presented and havirig personally acquainted
tfieiliselves wit{i tlle site arid vicinity in questiori, '
, does hereby find:
1. That the site consisSof approxirnafely oiie acre sitHate on the above clescri;)ed
real property adjacent to Portlancl Avenue arid tlie Bu, linjton Nortlier•ii 111clustriaf Raifroad sptir o
Tha~t the nj)nlicant pro;-)osc,s to precfi Z colororl sterl h,~i Icli f~-~ krjith fo±irtem,.
I~.i~L \ Y "i'i ~.i'~~ :i_'I~,jii~ ~'il J.1~! iJCv`~i;l l.1 Yvi ~I1~.' ~J:ii~~v:~~: ~i i~~~l:li:L~l~ j r.~ _~t .'i{~~~~~ il... !~~~~i•~.:>;., .
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♦
The plot plan submitted this date to the Board of County Commissioners represerits the
location of said builcling togetlier with the fencing, lancfscapiny, lighting plan and yround
cover,
.
3. The comprehensive regiorW plan for the,Gr~y"aad"County of Spokane
shows the property as being appropriate for industrial use. The
property is bordered by the Burlington Northern Railroad Industrial spur to the East, vacant
property zoned commercial on the South and the Ideal Cement Coriipany 1)(ant, having I iglit
industrial, manufacturirig and mining zoning to the Nortfi . The property is bordered on the
West by residential properties.
4. The residense_.situated on the property~-fhe West of the subject property
is set back thirtY feet (30') from the prop~ er .Ji.ne apcfi't applicant has a9reed to set back
his building twenty feet (20') from the prope&y line ividing said properties .
5. That the properties along Trent Avenue, adjacent to the subject property
are zoned commercial and are being utilized for commercial purposes . ,
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6. That the proposed property is not appropriate for q4ifor residential
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purposes e.
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F7. That appropriate provisiot~s h~cve been made to c-isstire compatahility of
the projectwith adjoining properties through preparalioii ol'- a specific cleve{o;mient pIaii.
y .
8. That an environmental asA,,`ssment of the project indicates thzt sufficieiit
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mitigating measures have been incorporatek4nto the approved clevelopment plarl .
NOW, THEREFORE, The Bozrd of County Commission2rs of Spokane Courity
does hereby conclude that the above described findings are sufficient and controlling and that
an environmental impact statement is riot required for the described project, and does, tliere-
fore, order that an appropriate resolution to change the Zoriiny Map from the Ayricultural
classification to the Commercial classification be prepared incorporating tfle followin(--i
conditi,}>>s:
1. The subject pro all be cleveloped in su6stantia( conforniaiice with
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the appraved deveiopment plan submitted,~his te to the Paard af Cvunty Commissianers .
2. The subject praperty sh Ie landscaped, planted and maintained in
accordance with the apprvved developmeo[t plan, irib•I.uding ground cover, fencing, land-
; ti
scaping and lighting.
QAT ED T HI S day vf FebYUary, , 1976.
BOARD (3F CQUNTY COMM[SSIQNERS
OF SPOKANE COUNTY, WASHI NGTON
ATTEST:
VERNflN W. ONLAND
Clerk of the BQard
By:
Qeputy
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BEF01"kE THE I3OARD GF COUNTY COMYIISSIONERS OF SPOKANE C(?UIv'TY,
WASHIivGTOiti
IN TnE i4i.ATTLn CC)NCERNING ZiDNE CEIA~.~1GE, COM14 ISS 10 NTEi 5 '
ZJE--79-75, 11GRICliLTURAL 1O COYilViERCIAL, DECISIaN
:C~BERT L. LITTELL
11zis being the date set by the BQard of County Corrunissioners
of Spokane County, Tti'ashingtan, to render its decision cvncemy
in~ ~Lic request of Littell's Boc1y and Repair, %Robert L. Littell,
Last 8020 Iviaringo Drive, Spakane, liashington, for a zvne
ch.anve fron Ag-,ricultural to Camrnercial; and
2'Izo- ""aard havin; received the recomtnendations of tIze Plannin~
Corimi-sion contained i-n the Comniission's mi.nutes of December 12,
1975, N-alzich reccmmended denial of the requested zone change,
anci
ThL 15oard havin~ can~;,uc~.ed its o►vn public heatin~, ai tl~L
rec;uest of the applicant, aobert Litteli, vn January 22, I976,
anc~ after visiting the site and reviewing thc testimony; and
~I-i~ Doart~ 'buincr fully adva.secl ir-i the premises did, by unanimous
vote, appraue the recuested zone change subject to ccrtain
coneitions to be developeci by t(,e planning staff for incorporation
inta Findings and Order ta be ai)prvved ancl executed by the
3oard at a subsequent rneeting. DATEM this 29 th day of 3anuary, 1976.
~ ~N0N W. 0I:ILA~~dD
CZ,ERK 'dF THa ,OARD
BY ~ ~~r 4~ ~
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a sunne Mar~ague , Ueputy
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14
ZE-79-75 - AGRICULTURAL TO COMMERCIAL: LITTELL
Speakers in Opposition to the Zone Change Request
1. Tom Tate
E. 12423 Portland Avenue
Spokane, WA
2. Mrs. julianne Roberg
E. 12405 Portland Avenue
Spokane, WA
One petition was submitted in opposition to the zone change request.
Votinq on the motion
Mrs. Rawlings and Messrs. Hamilton, Quigley and Schadegg were in favor
of the denial. Mr, jacobson was opposed to the motion for denial.
ie
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Januasy 6, 1976
Spol.ane Coun ty Comri.ssioners
% Spolcane County F'lamung Cormni.ssion
ii. 811 Jeff erson
Spokane, WA 99201 '
Dear Sirs;
It is uriderstood tha.t you are to review t11e hearing for Robert Littellts
request for rezon-irg of I,ot l, Block 6 of the lst Addition to Grandview
Acres on Portland Avenue in the Valley at Irvin. At the hearing on
December 12., 1975, we voiced our opposition to a rezoni.ng of that property., and we would lilce it to be krnown by the Cortnn7.ssioners that there is
continued strong opposition to ary chaxge in zone mw or in the future.,
as lon.g as we resido here.
Enelosed are copies of letters recently received by us. The first one
is an estima.tion of the present value of our property. Would you want
an aut,o body shop near your home,if it was possible to oppose it.9 when
its value to you is mQre than the money involved in its evaluation?
Qur home is located near sevexal historic sit,ES which are also important'
'o us, tiie would like to see an upbrading of our area rathear than a
deterioration which an auto shop in that particular location would cause.
ZZe second letter from the Burl.ington Northern is self-explanatory.
We trust that all the materials that have been submitted are adequ,ate to
uphold ~-~.e decision of the Spokane County Ifl.arx1i.ng Comnri.ssion at the
Deceraber hearing. Sir.cerely, -
. V
0
Juliann~ G. Rowberg (Mrs. Willard)
L. 12~.05 Fortland Avenue
Spokane wA 9921.6
926-~.53~
I~c; 2 RECEIVED
J A N ? 1976
SPOKANE COUNTY PLA N N iN~COUNISSIQN
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5. 123 Pir~lES • f]6?raJ«TUr~1TY, w.~~E-Ibt~~GT~ha ~39~+~~ ~ ~+2 :-~~2:
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DeCEmb2Y' 26, 1975
,'1r . and Mrs. IvJTi 11 arca Rowberq ,
12405 PortZand Ave. E.
Spokane, WashingtQn
Re. 12405 Partlanci Ave,
Dear 'T"r. and Mirs, Ruwberg,
~ r7~1~re exain-r~ed t~~e propet~iy ar~d iir,provc~~raents at the af~ove cap-~ioned
adcir-es J• After compari nq i twi th si ma 1 ar pt-operties, I estimate tiiat i t
wou ld se i 1 + or as ~~]Uch as 1~40, 000 on today's map°ket.
`t'aurs t.t'uly, .
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Fri ti' ~Iei seni, `R,ea 1 tar
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i't 131 Y t1iA NAG Ctif C Nl UCPA H I iM E NT . . 1 r:l( 1%(jfj) i,i14 i
s. ►`'i 21 ard Rowberg -January 2, 1976
12Y05 Port? anci Avcnuc .
:.;ao'&anc, Was;linzton 991-I6
Dear T;:s. Rowtic.g:
r,'c : re in receipt or' yot.r :ctter da ;.c(A' Dccc~.,bcr 3:, 1975, ir, regard
zo r.ezoninh .ecently turned down from Agricultural to Light Com"mercia1
oi Lot 1, Block 6, lst Addition to Grandvicw Acres, Spo}:anc County, <<shin~~on, and your concern along with that of your neighbors tha-
sucn rezoning may be favorably considered at an appeal hearing to
De held Janu3ry 22, 1976.-
reviewins your letter, we do understand your position in thAJ
tter and syr.ipa-hize accordingly. Iiowever, as indicated earlier ;.o Mr. i obcrt L. Litzell when he asked us to write to the Spok.ane
County Planning Co,.ission and voice our objections or lack ci
objections to this rezonino, we merely stated that Burlington ;;ortiIIcr;.
cloea. nofi propose to obj ect, this being company poi icy in i,is zances
oi this nature.
in vic~+r of the Spokane Coti.nty Commission's original stunl on t~~e
re:.oning and your "Petizion Against Zone Changc" which appears to I)c
:svored by most of the adjacent land owncrs, a rczone of tnc area
11r0uid not "-ppear very likely at this timc. 'l;e wisn to thank you for your letter and are returning all materiai
submitted which kncludes "Petition Against Zone Chanbe", paper
4nd pictures.
Vt--ry traiy yOllrS, - . • ' • _ . . . . -
' . . ~ • . ' • - ; " .
J. J. GoM . dort , . . . , . : . . . .
t,anager - Property Management . ' : . : . . . ~
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W. T. Haluke : I . ; . - .
Senior Real Estate Represcntative
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:-ilc: ~-4gJ - Spokanc County, WA ~ , . , .
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MINU'TES
DECEMBER YZ, 1975
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ZC~I~TE ~GHI~NGE
ZE-79--75 - AGRICULrj"URAL TU CC7IvIMERCIAL: LITTELL
Planning CQmmiasion Reeommondatfan: Den_y_. (Faur vQted "yes", vne
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voted "no. "
A , BACKGRUUND:
The advertised proporty Gomgri ses apprvximateiy one acre Iying at the
ond of a residential block betwoen the Ideal Cement Campany opcratlon and
commercial properttes fronting on Trent Avenue. The applicant proposed
a6, 640 square foot building for a repair garage - body shop a3.ong with a
fenced starago area behind th-c building.
SurrQUnding land us-es fnclude single-family residences to the west alang
Portland Avenuer portions of the Ideal Cement Campany operatiQn (now used
for storage and transfer of cexnent) to the narth, a Burlington Northern indus-
trial spur and the Spokane River to the i;ast, a dance studio and a mabile
home tti the svuth oriented to Trent Avunue, and a Goodwil.i Storc to the south-
west with access tv Tront.1"volnue. The prop~L:rties between Portland and
Trent Avenues arc zoned Cammercial with tho riv4rbank and the lrts on Gh ;
narth s±de of Fortland Avenue zvncd ~'~gricultural 3nd the property north of
Empire Way is zaned Re-stricted Indus'trial,
B. REA S4IVS:
I, AlthQUgh th-o advortised site is situatc-d betwcen aCommercial area and
a pactially developed industrial area, Fho Commission is im,pressed wlth
the re,sidential character of the balan c-:` the block. The homes aiang
Portland Avenue are gencrally well mL~ataincd and enj oy a favarable
residential environment. The Cammission is of the opiniQn that the
area should not h)o cxposed to additional commcrcial or industrial activiL:.OE
2. The Comrnission is of the apinion that approval of the request would
degrade exi s ting re s identia l praperties and wauld. increase pressure s
for conversiQn of the blvck for Commercial ar Industrtal uses. Because
tho propertic:s along Portland P.venue 3o not cammand arterial exposure,
onTy businesscs which require no exposure t such as eontractcr's yard5,
warehause.s., storago yards, wholesale dis-tr:butors, etc,, would be
attracted to such a location, thus farcing th ) declin: of ostablished
residenGos in the area.
(C ont' d)
-23-
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L,E-I 9-75 - lsGR ~O COTvM/l (CCC2t'd)
3. Thu Commission is of thu cpinion thaL thti=; advortiscd prapo~rty has sori.'~
pptentfai for mu,itip1e-faini.ly duvelopm~;tat. Indec:d, the eement plant
property to the north onjoys samc of the best amenities in the Spok-i~. _
Valiey far a pot::ntial multiple--family groject be+cause 'Lt fs uniqucA,7
surrvunded by the Spokane River an three sides, adjoins an cxtensi
Caunty park, has a vfew of the cliff along the north sidc of the rivc
and has reasonable prQximity to employment (Trentwoad industri.al arua) .
C. GEIVERAL DATA:
1LocatiQn: Section 3, Tawnship 25 N., Range 44, EWM
Lafi 1, Bxock 6, lst Addition ta Grandview
^res, includf.ng vacatod portian of Empirc
3 y a dja cc:nt .
I tte11's Bady and Repa ir
c/o, Rab ez-t L. L itte11
East 8020 Maringo L7rivo
Spok3l7e, VIA 99206
3. Site Size: Approxi.maLtely one acro
4. Existing Zoning: Pigricultura l, estabJ.ishod April 25, 1942
5. Proposed Zoning: C ammo rcta, .l
6. Prvposed Use of Pragerty: 13ody 5hop
7. App.Pication of Zoning ProvisiQn: Ghaptcxr ~'t . 21, Ouoction 4. 21. 040
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and Re a*ir
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Truch - Auto - Equi pment Specialists
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EAST 10428 IACKSON AVENIJE
SPOKANE, WASNINGTON 992(; ,
BUSINESS PHONE (509) 926-692(_'~
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~V:t<~tdr.~ •JV:.l•1L~. ~Cw:ila.~lO .v.i..._L _.u-.~.1~
'v'vrth 811 Jeffersan Street
Tdashington 99201
";'~o: :lpokane County :lanr~ing :,o;rimiss~on
:aference is made to the allegation voiced on Friday, 12 Lecember
1975 by, P+Ir. Tate that I made a"direct threat" to intentionally
~)lOc!t his view should I occupy as a reaident the land under consi~a-
=31:, i on. I did not make a threat in this respect. I merel,y statec3
woald m„' .robile harne to t~ie fror:t the lot, and wo,..1.d
t:LiaO U,.i1.1Ci 3 F:;'ri?'d.,0 1Ci ~ 1...r;~'~~_a~ ..C~+'%ii,AO!'.
l.r live,_.l.nj JLortia l.: i'Vtr__.
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6pokane Valley Fire Department
~ L (Spokane County F. F. D. N0. 1)
N722 SULLIVAN ROAD
VERADALE, WASHINGTON 99037
FIRE DEEI. Telephone (509) 924-3750
DALE R. HAYE, Fire Cbief
December 3, 1975
Mr. Charles L. Huggins, Director Spokane County Planning Commission
Spokane, Washington
Dear Mr. Huggins:
The following zone changes and preliminary subdivisions have been reviewed for
adequate fi re protection e
ZE-79-75 - There are existing mains in this area but hydrants will be needed.
ZE-19-75 - There are existing mains in this area but hydrants will be needed.
Sincerely,
m Kearney
Fi re Marshal
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AGE11iA, liECEh'IBEk 11''ELEFI-IOI~JE ITO.
SPOKANE COUTITY PLANNING CM9ISSION
`l', rne: Fr-iday, Uecember 12, 1975, y: j0 A.M.
P~ ace: Conference Room A, County Court A~inex_
1-7•;1.1_c,n Avertu<. ;,ntr;~n,,e)
ZOIIE CIIANGE
!t • i oii : SE,c t,lc-ii j, `'own:~li 2j i1. , Rari~;e 44, E.W.M.
Lot l, Block 6, lst Addition to Grandview Acre:~,
including vacated porti on o f Empire Wav adj acen t. .
k. App=L i callt : Littell's Body and Repa il-
Robert L. Littell
East 8020 Maringo Drive
Spokane, Washington 99206
Si te Si:;e : Approximately one acre.
i. Existing Zoning: Agricultural, establishe(l Apri1 24, 1q4~
e. Proposed Zoning: Commercial
Proposed Use of Property: Body Shop
C. Application of Zoning Provision: Chapter 4.%1, Section 4.21.040
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ZE-79-75
ln the matter of a hearing to consider ch-._nging the Zoning Map from Agricultural to
Comrnercial ori property cle;,cribed as Lot 1, Block 6, lst Addition to Grandview Acres,
including v-cated portion of Empire Way adjacent, in Section 3, Township 25 N.,
Range 44, E.W.M., Spokane County, Washington.
(We`,t of tiie railro;;d right of way, betureen Empire Way and Portland Avenue)
,;:.K~::.c~: ~ . , ~...,.~~~..m.~,~.r.
sTArE 'WAsHINGxOn a
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cour.r.cY OF sgoKME~ ~
<5 • ' beinq fitst duly avrorn depase s aW say 4
That bt all tlmes menUawd hsrein he was. and um is, a r.itlzen o4 ?he► Unlted St&te5.
a 1,esident of Spokaane Gournty, 'waShinqtony and aver the aqe vf twerdy-onO Yeara.
?hat on . . ~ t , Z &P ~ 19,-?:~' , he persanaiiy pusted threa '3~
true and correGt copies af the hsreto attached NOTICE OF PUBUC., HEAFdNG ac the
#ollaw'ng places tn Spokane County„ ta-wlV
1 & 02 ' .
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3ubsartbed and swurn to me
, 19
NO?ARY PUBLIC IN AND k'OR SPOICAN£, GC»1NTX VYASHINGTG)N
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♦
' LIST OF C)WNERS AND PMSONS PAYTNG TAXES t3N PROpERTY
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Spoi~a.~z.e County Code I~umber: ~'~~'-7~Ownerr and Persons witYYin 400 feeto
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Application is far a
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Certification nf'Title Compan,y: Ihereby certify that the fQliowing list of names and
addressee c4nsisting of this and the following pages has been prepared from the
latest available records and is to the best of my knowledge correcte
&
-41 Signed by ~ For r ` E
Title Company _
~~te: ~ 1 f 12 I 7~
LAST GRANTEE IN CHAIN i - ADDITI4N
OF TITLE (0) AND ADI7RESS L4TS BL~{
PERS ONS PAY INC~ TAXEa ( T) Qi
~
:
i
Ti
Gr~.ndview Acres ~
0~
1
Ty ~
Ti , nzS4~-n~ n~
aiI ~al ement Co., Corp. iLots 1 tv 5 d
C
and including ,a
eal Easic Idnustrial 821 17th St. 20 foot wide
d
a►any Denver, Colorado vacated $trip
Q 80202 ~ Svutheasterlv
n -
and nQrthwesterl
T o f and a~. i acent
~
-
0
T
~
01
03a43-U201 1
~
Ti
Kermit I'. Deeker iLot 1- ineludin 6
i
(1c~ )-o ~ a 20 ~oot vacate
illiarn E. DeWitt S 1212 Ray St. . stri.~ no thweste l
af an~. as ' acent
o ~ Sv J
~
Ti
of
T~ ~ .
' ' (Cafitinued on next page )
. •
Paoe ~
r y
LAST GRANTEE IN CHAIN ADUITION
OF TITLE (0) AND ADDRESS LOI'S BLIC
PERS ONS PAYING TA XES (T)
0
T 03543-0202
0 Thomas R. Tate ~ Lot 2; and includ- 6
~ ing a 20 toot vac-
T Great Western Savings 5610-7087 ated strip north
and Loan westerly of and
o adiacent
T
0
T 03543-0203
d'Ll (o
~ 0 Willard Rowberg E 12405 Portland Avq. All of lots 3 and 6
4 and the easterly
T 1/2 of lot S: and
including20 foot
o vacated strin
northwesterly anci
T ad i acent
0
T
0
T 03543-0301
X0.Ke rmit Decker Portion of lots 7
99~ j~ 1 and Z; 1 o t 12
' except the hig -
way; l ot 2, excePt
h i,.~ste r i~,~
" fee t
T
0
T 03543-0302
4 3 • 4 7
q~o2p feet of lot 2, all
• of lot 3
,
0
L
/0
T
~ ~ I I
/
~ .
' p LAST GRANTEE IN CHAIN ALliI'i'IUr~
OF TITLE (0) AND ADDRESS LOTS BL?:
PERSONS PAYING TAXES ( T )
1 0
T Q3543-0303
0 Martha Johnson _ A 1 1 of lot d 7
T Niartha Haug,e,n E 12401 Trent
0
T
0
T, Rect i nn S Tnwn ch i n SN
Range 44E
0
T n~r,4.7,-qn 21
0 Tn l anc] F.mni rP PapPr f:n _ Rnx fiRfi Ndi l l wnnc~ Sta enilth-
Spokane 99212 est 1/4 north of
T h t-1Lf
O waV.
;
1
0
T
0 ~
nl an F.mni re PanPr ('n _ Rnx fiRfi A4i 1 1 wnnci Sta Jay 7
Spokane, 99212 f the southwestl/4
T ac fn11 nt.TC .
0 I~P"i n p ing an .t h e w,-c r cer- t i:czn
145.12 feet north of t west 1/4 corner
T T)eing the eastAr1*-1inJer%f tbe NP NuLr T~.t
0 right of way, thence s therly along the
31at o wa3j, o_ ^ P
Road as now located, T nce westerly along
T -tiLp
thence south to the NP railway right of
~ W4*, lr%per
T way to the Spokane Riv , thence northwesterly
along-zhp . i ine af thQ
o section, thence south tJo the point of
T
0
I ~ - - ~ ~ -
, • • Pa g e 4
.
LAST GRANTEE IN CHAIN ADDITION
OF TITLE (0) AND ADDRFSS T nT,, ~.T
PERSONS PAYING TAXES (T
r
0
T 03543-9023
0 Ideal Cement Co, ortion of lot 7
T Ideal Basic Industry Co. 821 17th St. /4 1Ying southwest
"Itenver, oraao, r ly o f-ne NF-Tail,
0 80202 ay right of way
~ xcepf-7be
T , rortlon.
/ 0
I~r ° " ifir S
T
O
T
C-
0
T
0
i
,
0
T
0
0
T
T 0
T
~ ~ 1 . ,
A, said :ime and plac iy interested person may appec Dr, or against, the
granting of this application.
AGENDA, DECEt-IBFR 12, 1975 TMEPHONE NO. : 456-2274
SPOKAR~E COUNTY PLANNING CONINIISSIO
Time: r'riaay, liecernber '12, y:_'U A.L.
Place: Conference-Room A, County Court Hou~e Anne:Y:
(Use Mallon Avenue entrance)
ZOI~E G:~kiTGE 4. Z-?;, Acultural to Co:nmercial
~-or_: Sec tion 3, Tovmship 25 i'; Pange 44, E.W.M.
Lot l, Block 6, lst Addition to Grandview Acres,
including vacated portion of Empire Way adjacent.
b. Applicant : Littell's Body and Repair
% Robert L. Littell
East 8020 Maringo Drive
Spokane, Washington 99206
c. S=t~ Size: Approximately one acre•
d. Existir_g Zoning: Agricultural, estabi_ished April- 241 1942
e. Pro-pcsed Zoning: Commercial
P_ro-oosed Use of Property: Body Shop
App --'=cation of Zoning p,,..., _
;
~ne
:
a
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i~ R 1 C H cc R t C►-t 4 V F
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TAY~ BU R L~ 590 SCALF_
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December 9, 1975
Spokane County Planru.ng Comnri. s si on
N. 811 Jefferson
Spokar~e ~ WA 992~1
Deax Sirs s
Attach~d to this lett~r is a copy of a petition which has been drawn
up b~y the residents of the area, a,d.jo'ining the prop~rty of Mr. Robert Littell
wrizo has applied for rezon~i:ng. 3he petition is in opposition to rezoning
and has b~en signed 1~ every resident,3.al own~x on Portland aaid rT.rent from
Cament Rd. eastw~rd, as we~1. as some commercial and industrial establishments.
~he petition ia salf-expla,n~atory and i~ to represent those who axe n~ot able
to be at the hearing as well a.s those that are~ for a rn~mber of the resid~nts
are invalids axid others work at tha time of t.he hearing.
We trust that the Commission will recogr~~i.ze ~he inadvi~ibility of allow:ing an
auto body shop to be located in a residential area next to a'~30,J00 home.
Sincerelyi
, . , , ;
~ ~ . ~ , _ 7'~ ~ ~%-~;cL
s ~Juliarule G. Rowberg
~
E. l2l~05 Forf.]..a~d Avenue
Srokane, WA 99216
- , ^ ~ ~ l~
r -s .
, r
~ 1975
~~,urca~vE couNrY
~'~~'~~~~1!'~ ~ GnrIIMI~SIQN
.
,
, ~ .
DEC 9 1975
pE`i'ITIUN gGA1NS1 ZONE CHANGE , . . _ ,
y C; ►t'~v,►.~~~vi~l
~ Loti.,
We, the undersigned, oppose a change of zone to be granted to W. Litf.e'~: Port~
Block 6 of Grandview Acres Addition for the purpose of bidldi.ng an auto shop.
Some of the reasons for refusal of a zone change are;
l. Adjacent areas which are for residentialj agricultwcal and recreational
purposes would suffer from i.ncreased auto and truck txaffic which would be
a nuisance and hinderance to neighborhood safety.
2. Noise from an auto shop business is unavoidable., at1d residences nearby would
not be able to avoid the noise pollution.
3. Mr. Littell verbal.l.q made athreat to Mr. Ta.te,, ot•mer of adjacent property,
to the effect tha.t, if the zone change clid not go through., he wnuld make
things as mi.serable a-s possible for Mr.-Tate`-Ty building as close to his
home as po ssible and in full view of hi s living room windows 2 and that he
would keep three or four large trucke parked '#,here and a11ow the grounds
to deteriorate and become unkempt. If threats are a paxt of such a business.9
we do not want it in our neighborhood.
4. A zone change would drastically change the atmosphere of the present
res;dential properties located in S7.ock 6 and cause present and future
physical and emotional upset for the residents therein.
ADDBESS
l L G
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Decem~e-1- 7, 1975
Spokane Cvunty Planning Cammission
SUB: Spokane Caunty Planning Commiasivn meeting of Dec. 12,
1975. File ZE-79-75 ; a request of Mr. R. L. Littell
for a Zone Change from Agricultural to Cvmmercial for
the purpasE of building a bady shap.
My property is directly adjacent (West) to the subject ground,
Mr. LittelZ did indicate to me that he woul,d trp to place his
building where it would block as little of ay view as possiblc,
for this I affi than.kfull to hin. However it wnuld ba fmposs3ble
ta erect a building 100 feet long and 25 to 30 feet high and
nat cut aff amajvr area of sight.
Mr. Littell alsa indicated to me what I concidered to be a
direct threat. He said that if the zoning was not chsnged he
would place his trailen couse as +close as he could to my hause
and block as Yauch of my view as possible; he would park h3s
diesel tzAucks ( 3 or 4 as I recalZ ) on the lot, bui ld a wark
shop and let the areas looks go as it say.
Yiy maaor ob jections tv this zoning change are these .
A. The sub ject area is NOT real.ly surroundcd bg business area.
The majar border area of the ground in question is a rai.lrvad
right-of-way next to the riqer and could nQt be cammercially
expanded. The next largest bcrrder is mine, which is defiAitely
nat cammarcial. To the aouth the property is oh Portland,
asmall ( a very small piece not hardlp uscful for anyrthing)
is vn Trent. The north border is against a nanufactura.ng
area and this is the smallest vf all bvrders and nakes up
only s minor percent of the total area.
B. Anp business on Portland, especfally one catering ta cars
and trucks, would greatly increase the traf fic level. The
street is narraw but ad.equate to the curreAt low usage by
Gar and harge traffic (common horse usage in govd wcather)•
I wauld guess Mr. LittelZ wQUld next ask us for new paving
that wvuld cvst all the neighbvrs«
C. This area is used by many peaple for aecess ta the river
area for swrimming, bike ra ding ( bc►th moter and peddle
fishing and horse back riding. The establishnent of this
business would greatlg hamp€r these usages. There very well
may be easement rights against this property for these
purposes.
~
.
U. I feel bad that I am in the position of askinc- the
commission to limit the use Mr. Littell can sake of
his property but if he doea put in his body shop he
will distroy forev4 r the residential value and enjoy-
~nent o ny home and property.
In suxmary Portland Ave., in the area of the subject property,
is truly in residential use and Mr. Littell told se that he
had purchased the land with the fatent of using it as his
personnal residence. This street will Mot be surrounded by
cowaercial or becoxe "ALL" commercial if Mr. Littells petition
is refused. I there for respectfullp request the Commission
to leave the zoning of this propertp unchanged.
Thank you for Tour consideration in this matter.
. ~ . (
L -
Thoma s R. Tat e
E 12423 Portland Ave.
Spokane, Wa. 99216
L l~
J : POKANE COU,: ► :
A'W% BURUNGTON NORTHERN
Mble Lobby 2
Central Building
INDUSTRIAL DEVELOPMENT AND Seattle, Washington 98104
DF-f'AIRTfv1Ff`JT 624 19A0
A4r. Robert L. Littell November 20, 1975
Littell's Body and Repair
East 10428 Jackson Avenue
Spokane, tNashington 99206
Dear Sir:
Reference is made to your letter of November 18, 1975, concerning the
proposed rezoning from Agricultural to Light Commercial, Lot 1,
Block 6, lst Addition to Grandview Acres, Spokane;County, Washington.
As land owners within the vicinity of the above-mentioned area,
Burlington Northern Inc. does not pronose to object to the rezoning
as oiit 1 ined .
Verv trul)r yolirs,
J. J. Gorcion
P•4anager - Property Management
y: ,
.
B
W. T. Haluke
Senior Real Estate Representative
WTH:ek
File: RE-489 - Spokane County, tyA
~
I
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BURLINGTON NORTHERN
Aft
t i1L.)u"'-) i r=;Ir=,L l)L~.'F LIN V .-,mle, W-Ash ington 98104
i RnPFRTY Dl=P!^.RTN'1FINJT (?t-r=,1 ,r')z9-iqnn , - -
'!•lr. P.obert L. LiLtell ~:ove,nher
l,ittell's Body ancl Rcpair
rast 10428 JacksoTl Avencie
r-_ . _ , .
I'C'i1C C ~ S i;] .it', L;? J:)u7' i(,'t.i-Cl' Of )1'c'i'.hC;r
pronosecl rczoning from :1y*ricttl ttiral to T.is?ht Commercial, 1,ot 1,
i IOC 'i: ii s 2';11J:1, X7 1 Cw
kc: t't':; , SnOkaTlc. C'OI111 t}', j'lasllim;tUT1.
As o;%,tlers i~il?;t ti~c~ v:_cinity c~r ~}lc~ ahove-mentionecl area,
Burlin~ton `ortliern iiic. does not j~ronose tc~ objecr to thc rrzonin~
,qs oiitlinecl.
Very truly yoitrs,
,T . J . Gorclon
ti(ana,ier - Propc, rty 'iaIli1«E'iTlCI1 i
By;
T. ftaluke
SoTiior 1'ea1 F-st,-Ite l;cprCsentati.Xre
iv'I'; I :
F11E.': T1F_,- 18C)
`~2~ • dZ ~J' S~ 'Q~ ~ ~
~ ,6~
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November 18, 1975
J. J. Gorcion
Regional Maaager, Aeal EeLate
Bwrlington Nortihesa Inc.
800 ThJrd Avs.
Cefltra3. Building
Seattls, weeh. 98104
Dear Si..r s
We are currently iavolved ia proroeiog the rezoning, f''rom
egricultural to light commercial, the property as ir_dicated on
the encloaed msp - Lot 1, Hlock 6. let Addition to Grandview
Acres.
Since your firm o«rns property (see Y? on map) withia the
ciraumsaribed area (rsd circle ) ire are contactiag you With regard8
to any objectlon you msy have regarding the propoeed resoniog. A
siwple letter addreebed to: Spokaae Couaty Plaaniog Commiasioo
Spokan0 CouaCy Courthoume
Spokane, Wash. 99201
Attentioas John Koaeo
aL ths earlist date, eLating your ob3ectiona or lack of objectioae
to tihis resoning propo eal xould De appreciated.
9e`Y ~ru4,
Attchs Map Sobert L. Littell
,
M .
' i
SPOKANE COUNTY PLANNING COMMISSION
Court House, Spokane 1, Vliashington
APPLICATION FOR LOCAL BUSINESS OR COMMERCIAL ZONE
PART I: Information to be furnished the Planning Commission with an application for
a Zone Change to Local Business or Commercial.
l. Development Plan - a scale drawing of applicant's property and
surrounding streets shovving;
a. Size, number, and type of proposed establishments;
b. Of€-street parking and loading areas proposed;
c. Proposed access and egress points (curb cuts); and
d. Landscaping, screening, or fencing proposed.
2. Economic analysis indicating the need for the proposed development
which is to include:
a. Type and size (square feet of sales space) of each establishment to
be built within the area proposed to be zoned;
b. Number of spaces of off-street parking proposed;
c. Estimate of annual sales needed to support each establishment;
d. Location of and distance from nearest competitive facilities;
e. Estimated market area of establishments within area proposed to be
zoned (indicate on a map showing the vicinity of proposed zone
change); and
f. If estimated market area includes competitive facilities, indicate
percentage of sales expected to be received by proposed facilities.
3. Furnish a letter from a Title Insurance Company, showing the praperty
owners of record, their address, within 4100 feet of the exterior
boundaries of subject property.
PART II:
Date: :4ove,,,hP,. 1E,,l97; Application No.: ZE-79-75
IVame of Applicant: LitLAll' s ~ody T. I...tt~ :1.
Street Address: 8323 Maringo Dr. City: ~Fo`ane State: Wa5`i•
53 y I ~
Telephone Number;
Existing Zone Classification; AdI'~ `=u~-'~u~'~:1
Date Existing Zone Classification Established: April 24, 1942
Proposed Zone Classification; Commercial
Proposed Use of Property: ;,~d J,5hor: No, of Acre s 1
!
. `
Legal Descri-ption .of Propert~t;
Lot 1, Block 6, lst Addition tio Grandview Acres, including vacated portion of
Enmire Wa,r.
Section; 3 25 Township: RangE :
Street Addre s s Of Prnpr~rr-~,,. ,
, .
V~~t
1 _
If you do not hold title to the
-I~, _ .t.. i.'?' i.'1-~__.'~.l.yC'•,1r
interest in i ~ :
s r
A SKETCH OF THE AREE. I rRUPOSED FOR H ZOlJE RECLASSIFiCATION NiUST 6L
ATTAC HED VVITH THIS APPLICATION. THE SKETC H MUST BE ON A SCALE OF 1"_~
tiiaps may be secured from the County Engineer's Office, Court House.
ALL OF THE FOL.LOVvING QUESTIOi'1S MUST BE A1vSWEF.ED:
1, What are the changed conditions which are alleged to warrant other or adciit-ional
zoning:
,
c
2. b'vhat facts justify the proposed zone reclassification based on the advanc~i}~~:~t
of tne public health, safety, and general welfare :
• a"'`- , Q~~ c*v,,,~_N c l ~C -
,
,
LZ ~Kwol ~ d s~i 0'~'`'
C'' 2 cc~C a14, A4 r 3. Vvhat effect will the ~Oposed zone reclassificatzon have on tne value ar. i
character of adj acent property':
. ,
~
4. Can a reasonable return from or reasonable use of the property in question be
secured under the existing zone classification?
No lt is to close to the railroad track for a home. With the rsilroad
spur it would be better used for commercial business
Plans are for a 60 x 100 ~teel building far a body shop and fenced ysrd
ANY
P.NY APPEAL FROM ACTION OF THE COUNTY PLANNING COMMISSION MUST BE
PF,F.SF.NTED IN 'WRITING TO THE BOARD OF COUNTY COMMISSIONERS WITHIN TEN
(10) DAYS FROM THE DATE OF PUBLIC HEARING HELD BY THE PLANNING COMMISSION.
~
Signed)
~
Date November 10, 1975
Spokans COunty Planninq Comm3ssiotz
County Court Houso SpAkane, VJashingtan 99 201
Gornlernen:
iJe, the underaigned pcoperty ownecs, requsst the.3poknne. County Plannlag Commiasion
(to cvasider a zoninq plan) ac (to oonsider chanqi»fl tha zoninq map) from
Agricultural t0 Cornmercia]. * .
on tbir falloviin9 de acribed ps'opertY: .
Lot 1, Block 6, ist Addition to Grandview Acres, including vacated
1)ortion of Er~pire U1ay, i_n Sec-tior~ j, Townshi;-l 25 N., Ran~e ~~4, E.~rd.~:1,
r N,AI,~ , I ADDRESS ~ LEC~„~,,,A~ DESC ~PZ".ION QF PROPE~iTY .
Lots 1 to 5 an3 including a 20 foot
~ xide vacated etrip Southeasterly and
Northeasterl,y of and adjaceat
.
Portion ot lots 1 aad 2; lot 1,
except the highxay; lot 2, except
2. therwesterly 43.4 feet
~
The xesterly 43.4 feet of lot 2,
all of lot 3
Lot 1; includiag & 20 foot vacated
4 etrip northxesterly of anci adjacent
~a
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Date b er I~;~
Spokane CQUnty Planning Commission
County Court Houao
Spokaxle, VJashinqton 99 201
Gentlsmen;
i've, the undersigned pcoperty owners, reqWst tha.3polcnne. Countv Pjanning Commisst,an
(to cvaaider a zoninq plan) or (to vons3der chanQing the zoninq map) from
Avicultural , to .A:
an Lbe fo11ov4nQ deecribed Pr'opettY:
Lo4•, 1, DlO L' k 6, 1 S{i tiLl d3. L ioi i tCJ
portion 'of Empire Way, in Section Townshi'p 25,-N., Range 44, E. ~r.
N....~.. ~D~S~, I LE2AL DESC KIP'I`I OIa OF PROPERTY _ = Y
Lots 1 to 5 and including a 20 foot
wide vacated strip Southeasterly . -Northvaetbrly of and adjacent
1 ,s rtion oF lote 1 and Z; lot 1, excepu
~~a'o~ 5 ~ehfge~aY' lot 20 except the T~;e ,ter~
2« • The westerly fPQt, of 1ct %
,
all of lot ;
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' Lot 1; includ
~ - strip northwesLerly Qt' and ad ?acer;'.,
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'1;, ~a. .•~ay v;Hrn:
W:. the undorsigneds property oxners as indicatedi have nn objections
to a public hesrfog by the Spokana Coupty Planning Cvrnenissiora on the issue
of reaoning of Lot #l, Bloak 6, let Addition to Grandv-iew Acresp presently
oxned by Robsrt L. L3tte1l., from agariculture to l.ight commerciaa.o
lst Addition to (irandview Acres
- ~
,
MAR.TH.A JOH+iSON
MARTHA HAU'l-JFN E 12401 Treot 03543-0303
All of Lt 4 ~ 31a bk
fr6.4.tLwYYI~.S. LI~WAII LtlLI 14405 Po6 tlhlnd Ave 03513_203
All of Lotie 3 & 4 arA t ho
easterly i of Lot 5; and
inaluding 20 foot atrip
northweste.rl,y and ad3acertv
Black b.
THoM.as r.~~ ~TE 5610-T:)87 03543-0202)
Lot 2; and includimg a 20
toot vacated atarip aortih-
weaterly of arxl adjacent,
BIeck 6.
~ ` ~
~ ~
You are h~e~reby na~ified, that on
, at the hour of ~:~a
of sa~d day in Conferente Rvom A, lVlallon Aver~u~ En-
tranc~, ~pokane C~unty ~vurt H~use Annex, ~ ~okpr~~ p .
Was~ington, Tf~~ SP~QKANE C~JI~NTY PLANNIIV+G CQ!'V~MI~.
S~~N will tonduct a publi~ hepring t4 ~Q~~~~s~ ~~~~~x~~
$Q~I+It~G ~A~ 1A4~~ JI~iR~'~~LxU~lI►~. '!t~ ~►dll+[I~1~CIt+C~A~L~ $~~y~*~1~r
~~~►x~+~~a~r~ ~x ~a~a~~ z, c~~~~t~~, ~o~~ ~~Rt~+ra~~ ~~tv~, ~t~~t~~,
~"A~HIN~~4~', ~'Ct~! ~ '~~7~'U~~~ /Ot~~ ~~J~J! ~~,Y~'3~LL'8 IC~~Y ~ 11~'~Atll.~
~eneral description o~ area: ~~R ~ ~ ~r
ti~ra~dvl+~rr Aa~r~~, ~av~t~d1A~ ~r~a~t~d ~~rt~an ~~pir• We~► ~d'a~~u~,
~n ~~~tta~ ~mw~~l~1p ~ ~+~e~r 11, ~.W.1~. f ~~okaa~ Cov~r~~,
~''~~M~~qta~.
ti~~+r~t ai t~~ [t~ilroaa riqht a!' rr~~. b~t~r~~n ~eptr~ ~ey sAd i~orcleae
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FC?R FURTHER DETAILS contact th~e Spakane Count y
Planning Cammissio~, Pub~ic Vllorks Buildin , N, 811 Jeffer- 9
s~~n Street, Spokane, Washingtan.
Direcior of P~anning Spokan~ Counf+y Pianning Commission
FpRM 846 PGNG. CaMM. 3~AJ