HomeMy WebLinkAbout3507Ordinance No. 3507
(Amending or Repealing Ordinances)
C01\10=0131 Zoning Codes
Passed - 3/21/2000
Hazardous Substance - Diesel Fuel Exemption
(Amending KCC 15.08.050 adding new Sec. 15.08.050(D)(9)(k))
Amends Ords. 2801,2808
Amended
by
Ord.
3691 (Sec.
15.08.050(D)(9))
Amended
by
Ord.
3700 (Sec.
15.08.050(D)(9))
Amended
by
Ord.
3916 (Sec.
15.08.050)
Amended
by
Ord.
4003 (Sec.
15.08.050)
ORDINANCE NO. 36C%
AN ORDINANCE of the City Council of the City of Kent,
Washington, exempting certain diesel fuel tanks exclusively
intended for use on stationary, on-site, oil burning equipment from
City of Kent hazardous substance zoning code regulations and also
establishing a five-foot landscape buffer for all above -ground diesel
fuel tanks with a capacity exceeding 500 gallons.
WHEREAS, diesel fuel is a recognized hazardous substance under the
Administrative Code; and
WHEREAS, the Kent City Code regulates the placement and size of
fuel tanks under its hazardous substance zoning code regulations; and
WHEREAS, certain businesses and governmental facilities within the
of Kent now require back-up generators to provide electricity to their businesses so
they may maintain uninterrupted connections to the internet and other data
links; and
WHEREAS, in order for these businesses and facilities to be assured that
will be able to generate a sufficient amount of electricity for a sufficient amount of
Hazardous Substance — Diesel Fuel
, they have sought exemptions from the capacity requirement for diesel fuel tanks
are exclusively intended to serve stationary, on-site, oil burning equipment (such as
power generators); and
WHEREAS, at the City of Kent Land Use and Planning Board public
on this matter, held on February 28, 2000, the Land Use and Planning Board
the exemptions for diesel fuel tanks established in this ordinance; and
WHEREAS, according to the testimony of Lieutenant Michael Evans,
Fire Marshall for the City of Kent, the removal of the City of Kent hazardous
Stance zoning code regulations would not affect the Fire Department's authority under
Uniform Fire Code to sufficiently and safely regulate the presence of these tanks
the City of Kent; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY
AS FOLLOWS:
SECTION]. — Section 15.08.050 is amended by adding a new subsection
5.08.050(D)(9)(k):
Sec. 15.08.050. Performance standards.
Performance standards defined. Performance standards deal with the operational
of land uses. While performance standards shall apply to all land uses within the
, they are primarily concerned with the impact of industrial development upon the
Continued compliance with the performance standards shall be required
all uses, except as otherwise provided for in this title. No land or building in any
trict shall be used or occupied in any manner so as to create any dangerous, injurious,
dous or otherwise objectionable condition. The following elements, if created, may
dangerous, injurious, noxious or otherwise objectionable under the
ries, and are then referred to as dangerous or objectionable elements:
2 Hazardous Substance — Diesel Fuel
1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances and wastes.
Nonconforming uses. Uses established before the effective date of this title and
forming as to performance standards shall be given three (3) years in which to
n therewith.
Locations where determinations are to be made for enforcement of performance
ndards. The determination of the existence of any dangerous and objectionable
;ments shall be made at the location of the use creating the dangerous or objectionable
ements and at any points where the existence of such elements may be more apparent
ferred to in the section as "at any point'); provided, however, that the measurement
performance standards for noise, vibration, odors, glare or hazardous substances or
Lstes shall be taken at the following points of measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any hazardous substance
id use facility, which must be at least fifty (50) feet from any property line.
Restrictions on dangerous and objectionable elements.
1. Noise. At the points of measurement specified in subsection (C) of this
;tion, the maximum sound pressure level radiated in each standard octave band by any
or facility, other than transportation facilities or temporary construction work, shall
exceed the values for octave bands lying within the several frequencylimits given in
ble I after applying the corrections shown in Table 11. The sound pressure level shall
measured with a sound level meter and associated octave band analyzer conforming
standards prescribed by the American Standards Association. (American Standard
and Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American
Hazardous Substance —Diesel Fuel
Specification for an Octave Band Filter Set for the Analysis of Noise and Other
Z24.10-1953, or latest approved revision thereof, American Standards
on, hic., New York, N.Y., shall be used.)
TABLE 11.
CORRECTION IN MAXIMUM PERMITTED SOUND
PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE I
Type of Operation or Character of Noise Correction in Decibels
Noise source operates less than Plus 5*
twenty (20)percent of any one (1) hour period
Noise source operates less than Plus 10*
five (5) percent of any one (1) hour period
Noise source operates less than Plus 15*
one (1) percent of any one (1) hour period
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
*Apply one (1) of these corrections only.
4 Hazardous Substance — Diesel Fuel
TABLE I.
SOUND PRESSURE LEVELS IN DECIBELS
Octave Band (cycles per second)
Maximum Permitted Sound
Pressure Level(decibels)
20-75
75
75-150
70
150-300
64
300 —600
59
600-1,200
53
1,200 — 2,400
47
2,400 — 4,800
40
4,800 — l OKC
34
TABLE 11.
CORRECTION IN MAXIMUM PERMITTED SOUND
PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE I
Type of Operation or Character of Noise Correction in Decibels
Noise source operates less than Plus 5*
twenty (20)percent of any one (1) hour period
Noise source operates less than Plus 10*
five (5) percent of any one (1) hour period
Noise source operates less than Plus 15*
one (1) percent of any one (1) hour period
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
*Apply one (1) of these corrections only.
4 Hazardous Substance — Diesel Fuel
2. Vibration. No vibration shall be permitted which is discernible without
Aruments at the points of measurement specified in this section.
3. Odors. No emission shall be permitted of odorous gases or other odorous
Etter in such quantities so as to exceed the odor threshold at the following points of
;asurement. The odor threshold shall be defined as the concentration in the air of a gas
vapor which will just evoke a response in the human olfactory system.
a. Industrial park district, MI. Odorous matter released from any
eration or activity shall not exceed the odor threshold beyond lot lines.
b. Limited industrial district, M2. Odorous matter released from any
eration or activity shall not exceed the odor threshold beyond lot lines.
C. General industrial district, M3. Odorous matter released from any
eration or activity shall not exceed the odor threshold beyond the district boundary or
hundred (500) feet from the lot line, whichever distance is shortest.
4. Glare. No direct or sky -reflected glare, whether from floodlights or from
temperature processes such as combustion or welding or otherwise, so as to be
ale at the points of measurement specified in subsection (C) of this section shall be
fitted. This restriction shall not apply to signs or floodlighting of buildings for
rtising or protection otherwise permitted by the provisions of this title.
5. Radioactivity or electrical disturbance. The regulations of the federal
pational safety and health standards shall apply for all radioactivity and electrical
irbance unless local codes and ordinances supersede this federal regulation.
6. Fire and explosion hazards. The relevant provisions of federal, state and
cal laws and regulations shall apply.
7. Smoke, fly ash, dust, fumes, vapors, gases and other forms of air
)llution. The standards of the Puget Sound Air Pollution Control Agency, Regulation
or those regulations as may be subsequently amended, shall apply.
8. Liquid or solid wastes. No discharge of any materials of such nature or
mperature as can contaminate any water supply, interfere with bacterial processes in
5 Hazardous Substance — Diesel Fuel
ge treatment or otherwise cause the emission of dangerous or offensive elements
be permitted at any point into any public sewer, private sewage disposal system or
n, or into the ground, except in accord with standards approved by the State
rtment of Ecology or other appropriate state agencies.
9. Hazardous substances or wastes. No release of hazardous substances or
s as can contaminate any water supply, interfere with bacterial processes in sewage
hent or otherwise cause the emission of dangerous or offensive elements shall be
.tied at any point into any public sewer, private sewage disposal system, watercourse
water body, or the ground, except in accordance with standards approved by the State
of Ecology or other appropriate state or federal agency. The relevant
isions of federal, state and local laws and regulations shall apply, and compliance
be certified by applicants for permits under this title. The following site
standards shall apply:
a. Hazardous waste facilities shall meet the location standards for
dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at least:
(1) Two hundred (200) feet from unstable soils or slopes
are delineated on the hazard area development limitations map or as may be more
determined per KCC 15.08.224(B);
(2) Two hundred (200) feet from the ordinary high-water mark
or minor streams or lakes which are delineated on the hazard area development
map or as may be more precisely determined per KCC 15.08.224(B),
of statewide significance, or shorelines of the state;
(3) One-quarter (1/4) mile from public parks, public recreation
or natural preserves, or state or federal wildlife refuges; provided, that for purposes
section public recreation areas does not include public trails;
(4) Fifty (50) feet from any property line to serve as an onsite
�Iazardous substance land use facility buffer zone;
6 Hazardous Substance —Diesel Fuel
(5) Five hundred (500) feet and one hundred (100) feet from
residential zone and a residential unit respectively; and
(6) Five hundred (500) feet from a public gathering place or
land or zone, in the case of a nonagricultural hazardous substance land use
C. Hazardous substance land use facilities shall not be located in a
hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not entirely
within a building shall provide a type I solid screen landscaping of a width of
least ten (10) feet in the hazardous substance facility buffer zone required by
(b)(4) of this section;
e. Aboveground hazardous substance land use facilities shall be
with containment controls which will prevent the escape of hazardous
or wastes in the event of an accidental release from the facility, and shall meet
state and local design and construction requirements;
f Underground hazardous substance land use facilities shall meet
state and local design and construction requirements;
g. Hazardous substance land uses shall comply with Article 80 of the
Fire Code as revised in 1988 and thereafter;
h. Hazardous substance land uses shall provide for review and
by the city fire department of a hazardous substance spill contingency plan for
implementation in the event of a release of hazardous substances or wastes
the facility;
i. Hazardous substance land uses should use traffic routes which do
go through residential zones; and
j. Hazardous substance land uses in the 0, NCC, CC and DC zones
be entirely enclosed within a buildingLand:
Without limitingthe he application of the Uniform Fire Code to
7 Hazardous Substance — Diesel Fuel
For use on station on-site oil burning equipment such as electrical power generator
stems in all non-residential zoning districts shall be exem t from the Hazardous
ubstance regulations of Section 15.08.050 and above and below ground diesel fuel
anks of gp to six thousand (6,000) gallons intended exclusively for use on station on-
ite oil burning equipment such as electrical power generator systems) in residential
ones shall be exem t from the hazardous substance regulations of Section 15.08.050 for
ssential governmental facilities only. The hazardous substance zoning code regulations,
ncluding the existing five hundred 500gallon limit for hazardous substances for
esidential uses shall otherwise remain in force and effect. Additionally, all above
ound diesel fuel tanks over five hundred (5 00) gallons exempted by this subsection are
e uired to have a five-foot minimum landscape buffer surrounding the tank to buffer the
visual impacts of these tanks. Moreover, the planning director shall have the discretion
o increase or modify this landscape buffer requirement depending upon the specific
ircumstances posed by yny particular tank location.
In case of conflict between any of these site development standards and the
development standards of specific zoning districts or other requirements of this title, the
ore restrictive requirement shall apply.
SECTIONZ — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
of affect the validity of the remaining portion of this ordinance and the same shall
remain in full force and effect.
SECTION 3. — E ective Date. This ordinance shall take effect and be in
force five (5) days from and after the date of passage and publication as prod d by law.
J WHITE,KIAYOR
8 Hazardous Substance —Diesel Fuel Exemp
ATTEST:
BRENDA JACOBE , ITY CLERK
APPROVED AS TO FORM:
A. LUBOVICH, CITY
PASSED �` t day of �1 d- 12000.
APPROVED -�l t day of �'ie-4- , 2000.
PUBLISHED -Q-q_ day of,-,YnA))zjl 2000.
I hereby certify that this is a true copy of Ordinance No. 3507 passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL) BRENDA JACO , CITY CLERK
Hazardous Substance — Diesel Fuel