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HomeMy WebLinkAboutORD 5869 CITY OF RENTON, WASHINGTON ORDINANCE N0. 5869 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-4-080.B.1 AND SECTIONS 4-10-020, 4-10-050, 4-10-060, 4-11-140 AND 4-11-210 OF THE RENTON MUNICIPAL CODE, ADDING DEVELOPMENT REGULATIONS RELATED TO NONCONFORMING STRUCTURES AND SITES, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 31, 2017, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 18, 2017, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection 4-4-080.6.1 of the Renton Municipal Code is amended as follows: 1.Applicability: a. Within the Center powntown Zone: This Section, except for subsections F.1 through F.9 and J of this Section, shall apply in the following cases: i. New Buildings or Structures: If construction replaces an existing building, only the area exceeding the area of the original structure shall be used to calculate required parking. 1 ORDINANCE N0. 5869 ii. Building/Structure Additions: Only the area exceeding the area of the original structure shall be used to calculate required parking. b. 0utside the Center powntown Zone: Off-street parking, loading areas, and driveways shall be provided in accordance with the provisions of this Section in the following cases: i. New buildings or structures. ii. Building/Structure Additions: The enlargement or remodeling of an existing building/structure by more than one-third (1/3) of the area of the building/structure. iii. Paving or Striping: The paving of a parking lot with permanent surface, or striping a previously unstriped lot. iv. Change in Use:The Ehange e# a�l er a�eriie� e#�, k����ldinrt/.-+,-��..+,� . �-,.,,� � „ + +ti +t, � o� M b N u�a� aS {aaaifiad in � h +• t + +• + I + ,� �av�ccciA� F�A AI c�'115 �2cc16i�1� 2�f6cprvd�crrr9carcu�rr� �"^^�;^^ �^^+^� Upon a chan�e of use and except when located in a shoppin� center, if the number of stalls needed for the new use exceeds the actual number of le�ally existin�stalls on site bv a percenta�e equal or�reater than shown in the table below, all of the stalls required of the new use shall be provided. However upon a chan�e of use to anv of the followin� uses, the new use shall provide the total number of parkin�stalls required without the exception described above: (a) Residential uses; (b) Offices, �eneral; 2 ORDINANCE NO. 5869 (c) Conference centers; and (d) Movie theaters. Existing Stalls Percenta�e Threshold 1-10 140% 11-30 `' 130% 31-60 120% 61+ 110% For exampte, if the calculated number of stalls needed for a retail store equals fifteen (15) and onlv ten (10)stalls le�allv exist on site then all fifteen (15) stalls shall be provided because the percenta�e difference between the number of stalls needed for the new use and the number of existin�stalls on site exceeds one hundred fortv percent (140%) (1.40 x 10= 141. v. Activities Requiring Deliveries or Shipments: Uses requiring merchandise deliveries and/or shipments shall provide adequate permanent off- street loading space in addition to required parking for the use. vi. Redevelopment Sites in the R-10 and R-14 Zones: When new dwelling units are created in the Residential Ten Dwelling Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14) zones, whether by subdivision or other means, any existing dwelling units included in the development shall comply with the standards of this Section. SECTION II. Section 4-10-020 of the Renton Municipal Code is amended as follows: 4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS: /DA� A. A nonconformin� site shall not be altered unless the chan�e conforms to the standards of this Title. 3 ORDINANCE N0. 5869 B. Upon the restoration of a structure, commenced bv a complete buildin� permit application within one (1)year of dama�e caused bvfire explosion or other unforeseen circumstances, valued to be �reater than fiftv percent (50%) of its assessed or appraised, the site shall be brou�ht into conformance with existin� development standards; provided, however, that there shall be no limit on the restoration value of a sin�le-family dwellin� if a complete buildin� permit application is applied for within one (1) year of dama�e. C. For remodels or other alterations of an existin�structure made within any three (3) vear period which to�ether exceed one hundred percent (100%) of the assessed or appraised value of the existin�structure,the site shall be brou�ht into compliance with this Title. For remodels or other alterations within any three (3) year period which exceed thirtv percent (30%) of the assessed or appraised value but do not exceed one hundred percent (100%1 proportional compliance shall be required,as provided in subsection E of this Section. Remodels or other alterations within any three (3) year period that do not exceed thirtv percent (30%) of the assessed or appraised value shall not be required to comply with the requirements of this subsection. Mandatory improvements for fire, life safetv or accessibilitv as welf as replacement of inechanical eauipment, do not count towards the cited monetarv thresholds. D. Within any three (3) vear period, upon expansion of anv structure or complex of structures within a sin�le site, which is over fiftv percent (50%) of the existin�floor area or buildin�footprint,whichever is less,the site shall be brou�ht 4 ORDINANCE N0. 5869 into compliance with this Title. If the expansion is fiftv percent (50%) or less the site shall be brou�ht into proportional compliance with existin� development standards as provided in subsection E below. E. Proportional Compliance: The required physical site improvements to reduce or eliminate the nonconformitv of the site shall be established bv the followin�formula: 1. Divide the dollar value of the proposed structure improvements excludin� mechanical equipment and mandatorv improvements for life safetv or accessibilitv, by the assessed or appraised value of the existin�structure(s). 2. The monetarv value of that percenta�e is then multiplied bv ten percent (10%). 3. The dollar value of this equation is then applied toward reducin� the nonconformities. Example: • Value of existin�structure(s) equals$100,000; • Value of proposed improvements equals $20,000; • 10% multiplied by$20,000 equals $2,000; • $2,000 would be applied toward reducin� the nonconformities. 4. The Department shall determine the tvpe, location and phasin� sequence of the proposed site improvements. F. Exceptions: 5 ORDINANCE N0. 5869 1. Critical Areas Overlav: The provisions of this section do not applv to sites nonconformin� to the requirements of RMC 4-3-050 Critical Areas Re�ulations. 2. Shoreline Master Pro�ram Re�ulations:The provisions of this section do not apply to sites nonconformin� to the reauirements of RMC 4-3-090 Shoreline Master Pro�ram Re�ulations. SECTION III. Section 4-10-050 of the Renton Municipal Code is amended as follows: 4-10-050 NONCONFORMING STRUCTURES: A. NONCONFORMING STRUCTURES—GENERAL: Any legally established nonconforming structure may remain, although such structure does not conform �to the provisions of this Title Yk�e�n ; provided;that: 1. Not Vacant or left Abandoned:The nonconforming structure +h-,� his�eriE-signifiEanse�;-has not been vacant for i�e-�2-�e�more than one (1) years, or has not been abandoned-; and 2. Unsafe Structures: The structure is kept in a safe and secure condition. 3. Limits on Alterations: The cost of ##�alterations, remodels, or renovations of a legal nonconforming structure, except sin�le-familv dwellin�s, shall not exceed an aggregate cost of #i#��-forty percent (�940%) in twelve (12) months or sixtv percent (60%) in fortv-ei�ht (48) months of the value of the structure, based upon its most recent assessment or appraisal, unless the ,'�,�chan�es make the structure more conforming, or is used to restore to 6 ORDINANCE N0. 5869 a safe condition any portion of a structure declared unsafe by the Buildin�Official. Mandatorv improvements for fire, life safetv or accessibilitv as well as replacement of inechanical equipment do not count towards the cited monetarv thresholds. Alterations, remodels, or restoration work shall not result in or increase any nonconforming condition unless permitted bv RMC 4-10- 050.A.4, Limits on Enlar�ement. Nonconformin� sin�le-family dwellin�s may be replaced, enlar�ed, altered, remodeled, or renovated without limitation of cost pursuant to current code requirements (e.�., hei�ht limits lot covera�e densitv limits, setbacks, etc.),unless such actions would increase one (1) or more nonconformitv. 4. Limits on Enlargement: a. The structure shall not be enlarged unless the enlargement is conforming, except as identified in subsection A.4.b of this Section. b. Nonconforming enlargements may only be allowed at the discretion of the Administrator if: i. The enlargement is sited carefully to achieve compatible transition between surrounding buildings, parking areas and other land uses; or ii. The enlargement does not significantly cause any adverse or undesirable effects on the site or neighboring properties, or iii. The enlargement is confined to the projected footprint of a sin�le-familv dwellin�. If the proposed enlargement is nonconforming with respect to zoning setbacks, and the enlargement will comply with this Section and 7 ORDINANCE NO. 5869 all other development regulations,the enlargement may be aliowed if it is located within the projected footprint of the building. The projected footprint is determined with the criteria below by extending a line from and parallel to the furthest encroaching portion(s) of the building. The enlargement is limited to the height of the qualifying encroachment, and any other applicable height limitation. For the purpose of determining the projected footprint, a qualifying encroachment shall: (a) Represent at least fifty percent (50%) of the building's facade; and (b) Be set back at least three feet(3')from any property line;and (c) Not include any allowed setback projections, ��a steps and/or decks, and encroachments permitted by a land use decision. Frojec�d r-->SU°�b------i Footprint Lines � r _.__.._ ._ _. �__. � - Allowed xp Enlargement RearSetback More than SO°fo of total side fatade `— Disqualifieci Encroachment Disqualified Front Setback Encroachment 0' Side Setback 14' �p' 8 ORDINANCE N0. 5869 5. Limits on Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when the structure is deemed unsafe bv the Buildin�Official damaged by fire, explosion, or act of God, s�bs��aen�e �hz �a�e ef t�ic.� �eg�;a�ie�s�—subject to the following conditions: a. Single Family Dwellings: Any legally established single family dwelling deemed unsafe bv the Buildin�Official, damaged by fire, explosion or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes without limitation on value. Restoration or reconstruction shall be initiated bv a buildin� permit application within one (1) year of a fire, explosion, or an act of God �m^�^„^^�^^+< <",�� F�mmenFe wi�hin�ne�ear ef �he �amase, �' " " *' ' . If a buildin� Nermit aNplication has not been submitted within one (1)year from the date of the fire or other casualtv the structure shall be deemed abandoned and not allowed to be restored or reconstructed. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, otherwise any restoration or reconstruction shall conform to the regulations specified in this Title; provided, 9 ORDINANCE NO. 5869 that restoration work is initiated by a buildin� permit application within one� year of a fire, explosion,or an act of God. If a complete buildin�permit application has not been submitted within one� year from the date of the fire or other casualty the structure shall be deemed abandoned and not allowed to be restored or reconstructed. B. RESERVED zn;�T;":S',�- E€a�16 N^�N6C�N��^l��VIIN6 R€SI^o� 'T',�^.'z �f�'nmrti�� •,�+1, r�+�,.,,,J„ .,++1, +' F + +' h �,J ,J h 11 �, CYIeiV�f�'�•�I� r*�rl .- rl-��.�.rl .-nn .-.+.�.rl -. rl/ rl rl ++ + r! , ro . "r � . i ra,n�uiramant� �^ a� ���b�++ �'�^}�5, le�svverage, ac�r;s�i"�r6, ���m��, ��o� C. EXEMPTION DUE TO CITY ACQUISITION: No structure shall be considered nonconforming when �he ^^^�^^{^-m;+., the City's acquisition of an interest in the property #�a� creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. SECTION IV. Section 4-10-060 of the Renton Municipal Code is amended as follows: 4-10-060 NONCONFORMING USES: 10 ORDINANCE N0. 5869 Any legally established use existing at the time of enactment of this Code may be continued, although such use does not conform�to the provisions of this Title +�„ o„�+,,., ��,,,,;,.;�.,� r,,,�„� provided it conforms with this Section. �#�-�r�g ,.,..,,.�;+•,,.,.- „+. A. ABANDONMENT: The �se �� ^^* ,",^�^���. A legal nonconforming use (of a building or premises) �—that has been abandoned shall not thereafter be resumed. A nonconforming use shall be considered abandoned when: 1. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one�year or more shall be prima facie evidence that the nonconforming use has been abandoned, unless said use is bein� reestablished pursuant to subsection F of this Section; or 2. It has been replaced by a conforming use; or 3. It has been changed to another nonconforming use under permit from the City or its authorized representative. B. RELOCATION: T"^ ���� �� ^^* ��'^�,*^�' A legal nonconforming use of a building or premises �#+c�that has been vacated and moved to another location,or discontinued, shall not be allowed to reestablish itself except in compliance with this Title #�e ,�,,,,,,�,,.,.�,,,�+ .- „�..+:,,.,.- C. CHANGES TO A DIFFERENT NONCONFORMING USE: 11 ORDINANCE N0. 5869 Yt�F�A nonconformin� use (of a buildin� or premises) shall �not be changed . to a different nonconforming use unless, throu�h an Administrative Conditional Use Permit, the new use is shown to satisfy the criteria befow. Fgntinu�tinrtcf �n e�Ei3�i�gnenEenfermir�ga�e;z►A replacement nonconforming use shall: 1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and 2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and 3. Not increase the nonconformance of the use; and 4. Not create a new type of nonconformance. D. EXTENSION OR ENLARGEMENT: This subsection shall not apply to sin�le- familv dwellin�s that are nonconformin�as to use which mav be enlar�ed subiect t_o current code requirements (e.�. hei�ht limits lot covera�e densitv limits setbacks, parkin�, etc.). 1. �#e-A nonconformin� use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel, unless the nonconformin� use is housed in part of a sin�le-tenant buildin� in which case the use mav be extended throu�hout the buildin� but the buildin� shall not be enlar�ed;- 2. A nonconformin� use in a multi-tenant buildin� shall not be expanded into space vacated bv other tenants; 12 ORDINANCE N0. 5869 3. �A nonconformin� use shall not be relocated in whole or in part to any other part of the parcel�. and T"^ .��^ � ^*�^ ^„�,�rt^� �-��}� � � + , � 4. No additional buildin�, whether temporarv or permanent shall be erected upon a property with a nonconformin� use for purposes of expandin� or extendin� a nonconformin� use. �ExtnntinnlEn;g,SCI;IC1i��l��11�'} �k:ll��lllsi Rrevi�e� �he�+3e�4+es V1FI�k1-�41�1SP��IF1n � af�hicSar�;o;,, ,iicciaci^v1�5 cA 6esa�Nensenfermin�l�se;a �'19nfnnf�+rw�inb � � h���.-i.rl �r Y�.-+ ..F -. .�bin + + l� 'Irl' h +n �-1 rJ xhr�.+gheEi��he-f��iilding-bb� �h�-�aitding�hall ne� ��-e+�;�ge���R. �—n �,ex�Fenfermanga�se in� mal�i �enan�-b�il�in " �� * " � � ' * z..�dd.�t�e„�i ne.,e��p�en� 6Fl Rreper��--aen�ainin�o„�;T^-�,�„s c v v� vc�c�v I.Jcc• Naadditio;,p; Qaiiaiir�vche�her �emperar-�r-er-�ermanen�, � �� � '' '� e�E�er�dinga nensenferr►�ir��se. Ac#d+t�e��e�e�e�en�--e�,���T +h�, ., .,f+l,., D�,r,*.,., nn,�..�.-�.,-.I r.,.d„ E. ALTERATIONS TO LEGAL NONCONFORMING USE: Except for a sin�le-family dwellin�,�lalterations to a structure housin�one (1) or more legal nonconforming uses are only permitted when they do not expand or enlarge �the usell consistent with subsection D of this Section, Extension or 13 ORDINANCE N0. 5869 Enlargement:� � and when the alteration s#a��does not increase the nonconformance of the use, nor create a new type of nonconformance. F. RESTORATION AND REESTABLISHMENT: Nothing in this Chapter shall prevent the �^�,�,=,��reestablishment or continuance of a nonconforming use when the structure housin� the nonconformin� use is damaged by fire, explosion, or act of God, ���"�^^��^^+ *^ t�e-c�e-e# �he��regHla�fer�s, er�men�men�s �he�e�s, "'^ * * *" { �� , �^ ,�^^^^^^+; provided, that restoration work is initiated by a buildin� permit application within one llyear of a fire, explosion, or an act of God. If a complete buildin� permit application has not been submitted within one �year from the date of the fire or other casualty� the use shall be deemed abandoned and not allowed to be reestablished �^�*^�^� ^ ^„�*�,��*^� G. AMORTIZATION OF ADULT USES: For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010.E. H. RESERVED FY�crin�c �rr_ni ninnirnnicn�nn�w�r oce�nrnrrini ��crc .��_--•-- ---•-- •--•--_... ...........,. ..�... €�Eis�inglegal nensenfe�r�' ��-'^^*�^� { �• � �+ * +• � f�n�.,l�-. .,�+I, I"�+.. ..,,,d., -,+ +4,,, +�.�„ .,� .- + +' 4, '.J .J 4. 11 h r � rnn�i�^ ^� � •+-+'++ .J � II +h� ' 1,+.- F +h �++ .J �+1,� +h p," i c c c a a,`7i�,.�-si a c i�t��� n�c1Tb"-nrJ-iT-vcrrcl�7cnTrrcc cc�T�JCr,vrcrnrrcrn. �r� rlic�+rir+c i�J�.�+ifi�rl ir� +l�ic� C�r+i�.� Ir� -.rlrli*i�n +l� rn L� L�. 'I+ �S � 14 ORDINANCE N0. 5869 .,.,,� "" ""��'o^� `'ub�a�r����;;�r� �ope re�af�em��a�s�e�heish� limit�s,� severage, �en3it�limi#�3e���ElFs�ar '�r,s-� SECTION V. The definitions of"Nonconforming Site," "Nonconforming Structure," and "Nonconforming Use" in section 4-11-140 of the Renton Municipal Code are amended as shown below. All other definitions in 4-11-140 shall remain unchanged. NONCONFORMING SITE: A lot �k�that does not conform to development regulations�e�-related to the characteristics of, �*�"�+„r^ "„++^the site and the facilities provided thereon a—s+#�including, but not limited to, �vegetation conservation, shoreline stabilization, landscaping, parking, screenin� #e�e, driveways, s�ree�e�ening—impervious surface covera�e, pedestrian amenity, screening and other regulations of the district in which it is located due to changes in Code requirements, or annexation. NONCONFORMING STRUCTURE: A lawfully established structure that does not comply with the current development standards (yard setbacks, let s+�e,—� Ee�e�ag�desi�n standards, height, etc.) for its zone, but which complied with applicable regulations at the time it was established. Such structures may or may not be in compliance with other relevant building codes and regulations. NONCONFORMING USE: A lawfully established use of land that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applicable regulations at the time the use was established. 15 ORDINANCE N0. 5869 SECTION VI. The definition of "Use" in section 4-11-210 of the Renton Municipal Code is amended as shown below. All other definitions in 4-11-210 shall remain unchanged. USE: A. Use, Chan�e of: A chan�e of the primarv use of a lot buildin� or portion of a buildin�to another use, as distin�uished in RMC 4-2-060 Zonin� Use Table—Uses Allowed in Zonin� Desi�nations. B. Uses, Permitted: Land uses allowed outright within a zone. Uses accessory to permitted uses are treated in RMC 4-11-010 and 4-2-050. C�. Uses, Prohibited: Any such use not specifically enumerated or interpreted as allowable in that district. See RMC 4-2-050. D6. Uses, Residential: Developments where persons reside including but not limited to single family dwellings, apartments, and condominiums. E8. Uses, Unclassified: A use which does not appear in a list of permitted, conditional, or accessory uses, but which is interpreted by the Community and Economic Development Administrator as similar to a listed permitted, conditional, or accessory use and not otherwise prohibited. See RMC 4-2-050. SECTION VII. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. 16 ORDINANCE N0. 5869 SECTION VIII. This ordinance shall be in fuil force and effect five (S) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 11th day of December , 2017. r Jas n A. Se , City Clerk APPROVED BY THE MAYOR this 11th day of December , 2017. Denis Law, Mayor Approved as to form: `\��,������i in i�►►,► I /., ���� ��` F R Ely ''� � rd�lo�e `,.�'',�-1�..,�,���„�,,,,,�TOy.�� `�� ;. ,,, -. Shane Moloney, City Attorney _ _ �. �'; % � : SE AL - * _ Date of Publication: 12/15/2017 (summary) �* �, °�' ' o^_ ", .-� ,,ae .. ��'�.,y�'p���''�������,��������°`.������ ORD:1992:11/21/17:scr �`'�,,,�jDaRqreo 5���.�``�� ''��u���„��»�����, 17