HomeMy WebLinkAboutORD 6126 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6126
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING
SUBSECTIONS 4-4-010.1, 4-8-070.D, 4-8-080.G, 4-8-090.C.1, 4-8-120.C, 4-8-
120.D.8, AND 4-9-090.A THROUGH F, 4-9-100.J; AMENDING SECTION 4-11-080
OF THE RENTON MUNICIPAL CODE; REPEALING AND REPLACING SUBSECTION 4-
9-090.G OF THE RENTON MUNICIPAL CODE, ADDING NEW SUBSECTION 4-9-
090.H TO THE RENTON MUNICIPAL CODE; AMENDING HOME OCCUPATIONS
REGULATIONS; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City seeks to revise the Home Occupations regulations to allow online
businesses and sales as home occupations, provide a clear land use permit process for home
occupations that propose alternatives to home occupation standards, allow customer site visits
without the requirement of a land use permit, and provide clarity regarding home occupation
businesses when violations take place; and
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 March 31, 2023, 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 April 19, 2023, 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:
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ORDINANCE NO. 6126
SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect
and unchanged.
SECTION II. Subsection 4-4-010.1 of the Renton Municipal Code is amended as follows:
I. HOME OCCUPATIONS:
The keeping of household pets or domestic animals for any for-profit venture
within a residence; or the property thereon, including sales of animal-related
products,shall comply with the requirements of RMC 4-9-090, Home Occupations;
and requires a Heme Occupation Business-6ieense Any owner/tenvnt who keeps
household nets-and/or d t'
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be required to obtai; a Home omit, RMC "�v. Keeping animals
for commercial purposes that exceed the standards of a home occupation
accessory use requires approval pursuant to RMC 4-2-060, Zoning Table - Uses
Allowed in Zoning Designations.
SECTION III. Subsection 4-8-070.D of the Renton Municipal Code is amended as follows:
D. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR:
Authority:The Community and Economic Development Administrator shall
review and act on the following:
1. Appeals relating to the International Building Code;
2. Building and grading permits;
3. Permits to rebuild for nonconforming structures;
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4. Conditional use permit, administrative;
5. Critical area regulation alternates and modifications;
6. Critical areas regulation administrative determinations pursuant to
RMC 4-3-050D.5;
7. Home occupation business license review pursuant to RMC 5-5;
8. Home occupation permit, special;
79. Lot line adjustments;
810. Modifications;
011. Public art exemption certificates;
4412. Revocable permits for the temporary use of a public right-of-way;
1413. Routine vegetation management permits;
1-414. Shoreline exemptions;
1415. Shoreline permits;
1§16. Short plats;
1617. Site plan approval, administrative;
1118. Master Plan review (individual phases);
1819. Temporary emergency wetland permits;
1-920. Temporary use permits;
021. Variances:
a. Administrative pursuant to RMC 4-9-250B;
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b. Variances not associated with a development permit that requires
review by the Hearing Examiner, provided the variance authority is not specifically
given to another authority elsewhere in this Chapter, and any building permits
submitted in conjunction with such variance application; and
c. Variances from RMC 8-7, Noise Level Regulations;
22. Waivers:
a. Waivers of right-of-way dedication for plat;
b. On- and off-site improvements (including deferrals); and
c. Allowing a commercial or multi-family residential driveway grade of
between eight percent (8%) and fifteen percent (15%);
23. Final Planned Urban Developments;
2424. Dedications of property for public purposes;
2425. Impact fees — applicability, value of credits, independent fee
calculations, or any other authority defined in RMC 4-1-190; and
2-526. Approval of final plats.
SECTION IV. Subsection 4-8-080.G of the Renton Municipal Code is amended as shown
in Attachment A.
SECTION V. Subsection 4-8-090.C.1 of the Renton Municipal Code is amended as
shown below. All other provisions in RMC 4-8-090.0 remain in effect and unchanged.
C. PUBLIC INFORMATION SIGNS:
1. Applicability: A minimum of one public information sign shall be required for all
Type II and Type III Land Use Permits in accordance with the following standards, unless
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exempted by this subsection. The applicant shall be responsible for the procurement,
installation and maintenance of the sign.
Exempt Permits:The following Type II and Type III Land Use Permits are exempt from
the requirements of this subsection:
a. Additional animals permit;
b. Businef licenses for home occupations Home occupation permit,
special;
c. Temporary use permit — Tier II, except for temporary use permits for
personal delivery device operation and device dispensers;
d. Temporary emergency wetland permit;
e. Development permit (special flood hazard);
f. Final plats;
g. Final short plats;
h. Final binding site plans;
i. Mobile home park, final;
j. Planned urban development, final; and
k. Environmental review.
SECTION VI. Subsection 4-8-120.0 of the Renton Municipal Code is amended as shown
in Attachment B.
SECTION VII. Subsection 4-8-120.D.8 of the Renton Municipal Code is amended as
follows:
8. Definitions H:
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Habitat Data Report: Habitat data reports include:
a. Site Plan:The site plan shall indicate:
i. The vegetative cover types reflecting the general boundaries of
the different plant communities on the site;
ii. The exact locations and specifications for all activities associated
with site development including the type, extent and method of operations;
iii. Top view and typical cross-section views of critical
habitat/wildlife habitat to scale;
iv. The results of searches of the State Department of Fish and
Wildlife's Natural Heritage and Non-Game Data System databases;
v. The results of searches of the Washington State Department of
Fish and Wildlife Priority Habitat and Species database.
b. Narrative Report: A narrative report shall be prepared to
accompany the site plan which describes:
i. The layers, diversity and variety of habitat found on the site;
ii. The location of any migration or movement corridors;
iii. The species typically associated with the cover types, including
an identification of any critical wildlife species that might be expected to be found;
iv. Identification of any areas that have been previously disturbed
or degraded by human activity or natural processes;
v. A summary of existing habitat functions and values, utilizing a
habitat evaluation procedure or methodology approved by the City;
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vi. A summary of proposed habitat alterations and impacts and
proposed habitat management program. Potential impacts may include but are
not limited to clearing of vegetation, fragmentation of wildlife habitat, expected
decrease in species diversity or quantity, changes in water quality, increases in
human intrusion, and impacts on wetlands or water resources
Hazardous Materials Management Statement: A statement which includes:
a. A description of refueling of construction vehicles that will occur on the
site and an inventory of hazardous materials expected to be temporarily stored,
dispensed, used, or handled on the site.
b. A description of how the requirements in RMC 4-4-030C.7, Construction
Activity Standards—Zones 1 and 2, will be met by the applicant.
Heat Loss Calculation: A State of Washington Energy Code mandated analysis
performed to determine the heat loss of a structure in order to determine the size
of the required heating equipment.
Home Occupation Permit (Special) Justification: A written statement
provided by the applicant setting forth the reasons in favor of the special home
occupation permit application and addressing the criteria listed in RMC 4-9-
090.G.6, which are used by the Administrator when reviewing the special home
occupation permit request.
Horizontal Control Plan: A twenty_two inch by thirty:four inch (22" x 34") plan
drawn at the same scale as, or included on, the Site Plan clearly indicating the
following:
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a. Date, graphic scale, and north arrow.
b. Include lot lines with all property lines dimensioned and square footage
of each lot.
c. Include boundaries of utility, open space, and/or critical area(s) tracts,
square footage, and purpose statement of each tract. Clearly delineate the critical
area and buffer boundaries within the tract and indicate a dimension for buffer
width.
d. Include location, dimensions, and square footage of any existing
structures to remain within or abutting the plat.
e. Include easements and any areas to be dedicated to public use.
f. Contain data sufficient to determine readily and reproduce on the
ground the location, bearing, and length of every street, boundary line and block
line on-site. Shall include dimensions to the nearest one-hundredth (1/100) of a
foot and angles and bearings in degrees, minutes, and seconds.
g. Include coordinates pursuant to City surveying standards for permanent
control monuments.
h. Display all interior permanent control monuments located pursuant to
City surveying standards.
SECTION VIII. Subsections 4-9-090.A through 4-9-090.F of the Renton Municipal Code
are amended as follows:
A. DEFINITION:
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Any commercial use conducted entirely within a dwelling or accessory building
gage and carried on by persons residing in that dwelling unit, but which is clearly
incidental and secondary to the use of the dwelling as a residence.
B. PURPOSE:
The City recognizes the need for some citizens to use their place of residence
for limited nonresidential activities. It is the intent of this Section to preserve the
character of residential neighborhoods and guarantee all residents freedom from
excessive noise, excessive traffic, nuisance,fire hazard and other possible adverse
effects of home occupations and to establish qualification standards for home
occupations.
C. APPLICABILITY:
A home occupation business in a lawfully established dwelling unit or
accessory building may be permitted under the provisions of this Section. "Garage
Sale' as defined in RMC 4-11-070,shall not be considered as an allowable home
occupation.
1. Exemptions:The provisions of this Section do not apply to adult or child
day care businesses. Applicable regulations for day care are found in the WAC or
within the State Department of Social and Health Services standards. Accessory
home agriculture sales are also exempt from the provisions of this Section.
D. PROHIBITED OCCUPATIONS:
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The occupations listed below are prohibited since they change the residential
character of the structure and shall not be considered incidental and secondary to
the use of the residence for dwelling purposes:
1. Kennels and other boarding for pets, including pet daycare.
2. Automobile and associated mechanical repairs.
3. Businesses which dispense regulated substances.
4. Retail Sales: No retail sales shall be allowed, except for sales of products
made on the premises or online-only sales.
E. CITY BUSINESS LICENSE REQUIRED:
A business license must be obtained from the City Finance Department
pursuant to RMC 5-5.
F. APPLICATION AND REVIEW PROCEDl RES HOME OCCUPATION—GENERAL
REQUIREMENTS:
The following conditions m got he met to obta' h sin I' e f lI h m
D
1. Primary Residence:The property on which the business is located must
be the primary residence of the business owner.
42.Business License Application: Submission of a complete business
license application to the Finance Department for a bue iness license is required.
y-Fiet The Finance Department shall refer the application to the Community and
Economic Development Administrator for review of the proposedunder home
occupation and verification of compliance with this Code Section.
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Business License-Application for Home Occupation: If the d "
occupation . ,ill haver r+omer visits ore}ham (6) h I + d d I'
M irr.
par wade,ar any external indication of commercial activity,then additio
information is requir ed from the-applicant pursuant to RMC 4 g 120, c h •tt
Requirements Specific t„ Application T. p
23. Compliance: Co p,.u^'I^ncc The business owner shall comply with all
conditions placed on the home occupation by the Community and Economic
Dnvel.,pmcn} Administrator to satisfy the general purpose of this Section. In
addition to the provisions set forth herein, the Community and Economic
Dcvclopmnnt Administrator may, in approving, conditioning or denying the
application, consider the cumulative impacts of the proposed home occupation in
relation to other City-approved home occupations in the immediate vicinity.
Decision: If th„ Co i} ,J E n l„ t Arl + +
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approval' the home patinn sec}ion of +h h l l do the
r ' e� M eens pr vided }hat all }h r }have been met.
4. Qualification Standards for Home Occupations: A home occupation
may be conducted if in compliance with the following standards. A home
occupation which does not meet all of the following standards shall require review
and approval of a Special Home Occupation Permit pursuant to subsection G of
this Section.
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ORDINANCE NO. 6126
ai-Rcimar-v-Residerfee;--The-pfeperty-E}R-wh-ieh4he-13-uslhess-is-leeated
mbEst be the primary r rielencc of the h��siness owner
h Retail Sales and Storage. Ne retail sales shall he allowed except for
operations may be-kept if not for-sale. Produc s maay be sold wT esalee andrsto ed
for wholesale distribution
a. Customer Visits: Customer visits shall comply with the standards
specified below. For the purposes of this section, a customer includes any person
coming to receive service or pick up goods.
i. Limitation of Use: No more than one (1) home occupation may
be operated within a dwelling unit with customer visits.
ii. Maximum Number of Customers: There shall not be more than
eight (8) customer visits per day.
iii. Appointments Required: Customer visits shall be by
appointment only. There shall be no more than one customer on the premises at
any one time.
iv. Customer Hours: Customer visits to a home occupation shall be
between the hours of eight o'clock (8:00) a.m. and eight thirty o'clock (8:30) p.m.
eb.Parking: There shall be no expansion of parking, including the
addition of on site or off site parking spaces, to support the home occupation.
There shall be no expansion of parking or paving in a manner that creates or
increases nonconformity with the applicable code requirements provided in RMC
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4-4-080, Parking, Loading, and Driveway Regulations. Parking for home
occupations shall comply with the standards specified below.
i. On-Site Parking Required: All nonresident employee parking or
customer parking associated with the home occupation shall be off-street and
located on the same parcel occupied by the home occupation business.
ii. Residential Parking Displacement: The home occupation shall
not displace or impede the use of required parking spaces for primary or accessory
dwelling units.
iii. Customer Parking: If the home occupation includes customer
visits, the subject site shall be brought into conformance with RMC 4-4-080,
Parking, Loading, and Driveway Regulations, prior to business license issuance.
iv. Maximum Home Occupation Parking: In addition to parking
required for the residents,there shall be no more than two (2)vehicles parked on-
site as a result of the business at any one time.
dc. Employees and Independent Contractors: There shall be no more
than one (1) other business participant visiting the property per day. "Other
business participants" shall include, but not be limited to, non-family employees
and independent contractors. The home e pation shaIl not „ ploy more than
one nonresident of the dwelling unit. An employee for these purposes means one
individual, not a full time equivalent. In addition, home occupations may use
professional services such as accountants.
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ORDINANCE NO. 6126
d. Deliveries: There shall be no pickups or deliveries by commercial
vehicles over 26,000 pounds gross vehicle weight rating(GVWR)as defined in RCW
46.25.010.
e. Mechanical/Electrical Equipment:There shall be no use of
mechanical or electrical equipment that would change the structure or create
visible or audible interference in radio or television receivers or cause fluctuations
in line voltage outside the dwelling unit.
f. Environmental Impacts:There shall be no noise, vibration, smoke,
gas, dust, odor, heat or glare produced by the business which would exceed that
normally associated with a dwelling.
g. Space:The business shall not occupy more than twenty five percent
(25%) of the floor space of the gross floor area of the residence, and in no event,
more than five hundred (500) square feet.
h. AutdeocOn-site Storage:The outdoor storage or display of
materials, goods, products or equipment related to the home occupation is
prohibited-, except for;domestic animals or household pets kept as an accessory
use and utilized as a component ofathe home occupation arc cxcludcd from this
pre ion. Indoor storage shall be limited to the space limitations specified in
subsection F.4.g of this Section. Off-site storage within a commercial storage
facility is excluded from this provision.
i. Flammable Liquids:A permit must be obtained for storage, handling
or use of Class I flammable or combustible liquids on the premises.
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j. Fire Extinguisher: A minimum rated 2-A 10 BC fire extinguisher is
required on the premises.
k. City Codes: The home occupation must meet all City codes and
ordinances for the typef}of business being conducted.
I. Building Alterations:There shall be no alteration to the interior or
exterior of the dwelling or accessory structure that changes its residential
character. Any alterations to the building shall be conducted pursuant to the
issuance of a permit from the Commti-RRy—aad--€conomie—D veaopfnent
Department.
m. Accessory StructuresBuildings: Existing detached garages with.
adequate access may be used for home occupations; provided, that the property
still complies with the parking requirements of the zone. Other accessory
structures buildings such as carports and tool sheds, shall not be used for any
activities associated with the business other than storage. Such storage shall be
completely enclosed and not be visible from outside the accessory structure
building. Accessory structures buildings providing shelter for domestic animals or
household pets that are a component of the home occupation are allowed.
Accessory buildings used to house or support the home occupation shall not
exceed 1,000 square feet, or the size of the primary residence, whichever is less.
n. Signage: There shall be no exterior or window signage, display, or
advertising except for one nonelectric and nonilluminated sign attached flush to
the wall of-win-dew of the building with the face of the sign in a plane parallel to
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ORDINANCE NO. 6126
the plane of the wall-e ow. The allowed building sign may not be larger than
two (2)square feet in area.The sign material and appearance must be harmonious
with the architecture of the home. Pursuant to RMC/ 1 100B6g1-4-100.B.6.s, a
permit is not required for the allowed building sign.
5. Inspection:The Administrator or designee may inspect the property
prior to approval or renewal of the business license to determine if:
a. The information in the application is accurate; and
b. The property can accommodate a home occupation of the type
described in the application without changing the residential character of the
property; and
c. Any domestic animals or household pets kept as a component of the
home occupation are maintained in a humane and appropriate manner and in
accordance with applicable laws and regulations.
6. Decision: If the Community and Economic Development Administrator
approves the home occupation section of the business license application, the
Finance Department mayissue the license provided p p o ded that all other requirements
have been met.
SECTION IX. Subsection 4-9-090.G of the Renton Municipal Code, Additional
Requirements for Customer Visits or Deliveries, is repealed and replaced with a new subsection
4-9-090.G, Special Home Occupation, which reads as follows:
G. SPECIAL HOME OCCUPATION
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1. Applicability: A special home occupation permit is required if the
proposed home occupation will not meet all of the standards specified in
subsection F4 of this Section.
2. Authority and Responsibility:The Administrator shall have the
authority to approve, approve with conditions, or deny proposals based upon the
provisions of this Section when no other permit or approval requires Hearing
Examiner review.
3. Information Required: A special home occupation permit application
shall contain the information requested in RMC 4-8-120, Submittal Requirements
—Specific to Application Type.
4. Submittal: An application for a special home occupation permit shall be
submitted to the Department together with any necessary fees as specified in the
City of Renton Fee Schedule.
5. Provision of Information:The responsibility of producing information
and data to establish that the proposed home occupation complies with the
standards set forth in this Section shall be on the applicant.
6. Evaluation Criteria:The Administrator may approve the issuance of a
special home occupation permit, provided that such home occupation:
a. Will not harm the character of the surrounding neighborhood; and
b. Will not create a condition which injures or endangers the comfort,
repose, health, or safety of persons on abutting properties or streets; and
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ORDINANCE NO. 6126
c. Will not generate excessive traffic or necessitate excessive parking;
and
d. Will locate and screen any required or proposed site improvement
in a manner that minimizes its view from surrounding properties or adjacent
streets; and
e. Will not include outdoor storage and/or operation of building
materials, machinery, commercial vehicles, or tools, except if it meets the
following criteria:
i. Is appropriately screened from other properties;
ii. Does not emit noise, odor, or heat; and
iii. Does not create glare.
7. Conditions of Approval: The Administrator may establish conditions as may
be deemed necessary to ensure land use compatibility and to minimize potential
impacts on nearby uses.These include, but are not limited to,time and frequency
of operation, additional setbacks for new structures, fencing, screening,
soundproofing, site improvements or any other appropriate measures necessary
to ensure compatibility with the surrounding neighborhood.
8. Expiration of Special Home Occupation Permit Approval:
a. The special home occupation permit, unless otherwise specified in
writing, shall become null and void in the event that the applicant or owner of the
subject property has failed to obtain a business license for the proposed home
occupation within a period of one (1) year after permit issuance.
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b. An extension may be granted by the Administrator for a period of
one year upon application by the property owner or applicant. Application for
such an extension must be made at least thirty (30) days in advance of the
expiration of the original permit and shall include a statement of justification for
the extension.
c. Once a business license is issued, a special home occupation permit
will remain valid until the business license expires or the business license is
revoked.
d. A Special Home Occupation Permit is issued for the purpose(s)
under which the application was submitted only, and does not transfer to another
home occupation at the same location.
9. Appeals: Appeal of the decision to grant, grant with conditions, or deny a
special home occupation permit shall be made consistent with RMC 4-8-110,
Appeals.
SECTION X. Section 4-9-090 of the Renton Municipal Code is amended to add a new
subsection 4-9-090.H, Violations and Penalties, which reads as follows:
H. VIOLATIONS AND PENALTIES:
1. Penalties: Penalties for any violation of any of the provisions of this
Section shall be in accordance with chapter 1-10 RMC, Code Enforcement.
Prosecution of any violation(s) of this Section shall be in accordance with RMC 1-
10-7, Failure to Comply, and any other applicable terms of the Renton Municipal
Code.
•
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2. Revocation of Special Home Occupation Permit: If, after conducting an
investigation, the Administrator finds that the home occupation is in violation of
the provisions of this Section and/or the terms and conditions subject thereto, he
or she may revoke the Special Home Occupation Permit.
3. Revocation of Business License: Upon findings of violation, the
Community and Economic Development Administrator shall refer the findings to
the Finance Administrator who may revoke the home occupation business license
pursuant to RMC 5-5-3E, Penalties.
4. Special Home Occupation Permit — Waiting Period Following
Revocation: For a period of one year after the date of revocation, permits for a
proposed home occupation shall not be issued to applicants who have previously
had such permit revoked. In addition, the applicant must meet the requirements
of this Section for any new or renewed permit application.
SECTION Xl. Subsection 4-9-100.J of the Renton Municipal Code is amended as follows:
J. REVOCATION OF LICENSE:
1. Revocation of Additional Animals Permit: If, after conducting an
investigation, the Community and EGAREW is Dcvcl„pmcnt Administrator finds
that the keeping of additional animals is in violation of the provisions of this
Section and/or the terms and conditions subject thereto, he or she may revoke
the Additional Animals Permit.
2. Revocation of Business License: Upon findings of violation, if the
Additional Animals Permit holder also has a home occupation business license,the
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Community and Economic Development Administrator shall refer the findings to
the Finance Administrator who may revoke the home occupation business license
pursuant to RMC 5 5 3F5-5-3E, Penalties.
3. License — Waiting Period Following Revocation or Refusal to
Renew: For a period of one year after the date of revocation or refusal to renew,
permits shall not be issued for additional animals to applicants who have
previously had such permit revoked or renewal refused. In addition,the applicant
must meet the requirements of this Section or any provisions of the animal control
authority for any new or renewed application.
SECTION XII. Subsection 4-11-080 of the Renton Municipal Code is amended as follows:
4-11-080 DEFINITIONS H:
HAZARDOUS MATERIALS: Those chemicals or substances which are physical
or health hazards as defined and classified in Chapter 50 of the International Fire
Code as adopted or amended by the City whether the materials are in usable or
waste condition; and any material that may degrade groundwater quality when
improperly used, stored, disposed of, or otherwise mismanaged. Appendix H of
the International Fire Code provides further information, explanations, and
examples of hazardous materials.
HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the
Department or the Fire Department and completed by a facility owner that
provides specified information regarding hazardous materials at the facility.
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HAZARDOUS SUBSTANCE: Any liquid, solid, gas or sludge, including any
material, substance, product commodity or waste that exhibits the characteristics
of hazardous waste as described in chapter 70.105 RCW.
HAZARDOUS WASTE: All dangerous and extremely hazardous waste, except
for moderate-risk waste, as defined in RCW 70.105.010.
HEALTH HAZARD: See RMC 4-6-100.
HEARING EXAMINER: The office of the Hearing Examiner as defined by RMC
Title 1. The Hearing Examiner is appointed by the Mayor of the City to conduct
public hearings on applications outlined in chapter 4-8 RMC, and prepares a
record, findings of fact and conclusions on such applications.
HEARINGS BOARD,SHORELINE: The Shorelines Hearings Board established by
the Shoreline Management Act.
HEIGHT: See BUILDING HEIGHT or SIGN HEIGHT.
HEIGHT,CLEAR: Distance from the floor to the lowest-hanging ceiling member
or hanging objects, beams,joists or truss work descending down into a substantial
portion of the area.
HEIGHT, FLOOR-TO-CEILING: The vertical distance between the finished floor
and the ceiling.
HIGH BLOWDOWN POTENTIAL: An area where field conditions indicate the
potential for tree blowdown is high. Evidence may include the presence of toppled
trees in the area, and thin or saturated soils.
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HIGH OCCUPANCY VEHICLE (HOV): A vehicle carrying more than a specified
minimum number of people (usually two (2) or three (3) persons).
HIGH QUALITY DESIGN:A development project that encourages pedestrian
activity or adds pedestrian interest and exhibits a degree of craftsmanship,
building detailing,architectural design,or quality of materials that are not typically
found in standard construction. Responds to site conditions through its
orientation, circulation, and/or incorporation of special site features. Buildings
characterized by standard corporate identity elements (e.g., fast food
establishments with signature roofline or facade features) or standard building
plans(e.g., stock plans that are unable to adapt to site conditions) are not typically
considered high quality design.
HIGH RISE:A structure exceeding seventy five feet (75') in height.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HILLSIDE: An inclined landform which may include one or more classes of
slope: steep (sensitive and/or protected) and non-steep (i.e., less than twenty five
percent (25%)).
•
HILLSIDE SUBDIVISION:A subdivision in which the average slope is twenty
percent (20%) or in which any street in the subdivision has grades greater than
fifteen percent (15%) at any point.
HISTORIC STRUCTURE: (This definition is for flood hazard regulations in
RMC 4-3-050 use only.) Any structure that is:
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1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register; or
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district; or
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the
Interior, or
b. Directly by the Secretary of the Interior in states without approved
programs.
HOLISTIC HEALTH CARE CENTER: A combination of activities intended for
improvement or maintenance of health including out-patient and/or in-patient
care and supporting accessory activities including space for medical practitioners,
retail sales, educational classrooms and meeting spaces.
24
ORDINANCE NO. 6126
HOME OCCUPATION: Any commercial use conducted entirely within a
dwelling or accessory structure building and carried on by persons residing in that
dwelling unit, but which is clearly incidental and secondary to the use of the
dwelling as a residence.
HOMELESS ENCAMPMENT: See TEMPO
RARY HOMELESS ENCAMPMENT.
HOMELESS SERVICES USE: Shelters or housing as defined below:
1. Day Shelter: A facility that offers a haven to people experiencing
homelessness by providing a safe place to rest during the day or evening, but with
no overnight stays. Support services for homeless populations is an integral part
of a day shelter use and may include access to food, seating, showers, laundry,
restrooms, storage, a computer lab, phones, fax, and a critical mailing address.
Spaces for meetings and examinations are generally provided to accommodate
counseling and access to medical/dental and legal assistance.
2. Emergency Shelter: Consistent with RCW 36.70A.030, a facility that
provides a temporary shelter for individuals or families who are currently
homeless. Emergency shelter may not require occupants to enter into a lease or
an occupancy agreement. Emergency shelter facilities may include day and
warming centers that do not provide overnight accommodations.
3. Emergency Housing: Consistent with RCW 36.70A.030, temporary
indoor accommodations for individuals or families who are homeless or at
imminent risk of becoming homeless that is intended to address the basic health,
food, clothing, and personal hygiene needs of individuals or families. Emergency
25
ORDINANCE NO. 6126
housing may or may not require occupants to enter into a lease or an occupancy
agreement. A COVID-19 deintensification shelter meeting this definition is a
homeless services use.
HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization
formed or qualified under the laws of the State of Washington, operating under
recorded land agreements through which: (a) each land owner is automatically a
member, (b) each land owner is automatically subject to a proportionate share of
the expenses for the organization's activities, such as maintaining common
property and facilities, and (c) such charge, if unpaid, becomes a lien against the
property of the land owner.
HOTEL: A building or portion thereof wherein a majority of the net floor area
is dedicated for the rental of rooms for transient occupancy for sleeping purposes
in exchange for payment, and typically based on a per night and per room basis
for no more than thirty (30) continuous days and not meeting the definition of
"homeless services use." For the purposes of this definition, "transient" means
less than one month, or less than thirty (30) continuous days if the rental period
does not begin on the first day of the month. Hotel structures are at least two (2)
stories in height,with lodging space generally above the first floor. Lodging space
may also be located on the first floor. Individual rooms are accessed from a
common hallway and include permanent provisions for sanitation but do not
provide kitchen facilities. A commercial kitchen and dining room catering to the
hotel patrons may be provided, event space, eating and drinking establishments,
26
ORDINANCE NO. 6126
and accessory shops and services typically located in or provided by hotels and
catering to the general public may be provided. Not included in this definition are
facilities providing crisis intervention or case management or both, attached
dwellings, bed and breakfasts, or motels.
HOTEL, EXTENDED-STAY: A building or portion thereof for rental of rooms
with permanent provisions for living, eating, sanitation, and cooking' for
temporary occupancy without limits on duration. Extended-stay hotel structures
are at least two (2) stories in height, with lodging space generally above the first
floor, and not meeting the definition of a homeless services use. Lodging space
may also be located on the first floor. Individual rooms accessed from a common
hallway. A commercial kitchen and dining room catering to the extended-stay
patrons may be provided; event space, eating and drinking establishments, and
accessory shops and services typically located in or provided by hotels or
extended-stay hotels and catering to the general public may be provided. Not
included in this definition are facilities providing crisis intervention or case
management or both, attached dwellings, bed and breakfasts, hotels, or motels.
HOUSEHOLD: A family living together in a single dwelling unit with common
access to, and common use of, all living, sanitation facilities, and all areas and
facilities for the preparation, consumption and storage of food within the dwelling
unit.
HUMAN SCALE: The perceived size of a building relative to a human being. A
building is considered to have good human scale if there is an expression of human
27
ORDINANCE NO. 6126
activity or use that indicates the building's size. For example, traditionally sized
doors, windows, and balconies are elements that respond to the size of a human
body, so these elements in a building indicate a building's overall size.
HUMAN SCALE ELEMENTS: Architectural elements such as railings, windows
with multiple panes, doorways, or fences, that are scaled for human use and
convey the idea of human activity or human occupancy.
HYPORHEIC ZONE: The saturated zone
o e located beneath and abutting streams
that contains some portion of surface waters, serves as a filter for nutrients, and
maintains water quality.
SECTION XIII. Upon approval of the City Attorney, City the Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numberingand references.The City
Y
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION XIV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of 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.
SECTION XV.This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
28
ORDINANCE NO. 6126
PASSED BY THE CITY COUNCIL the 11th day of December, 2023.
J son A. Seth, City Clerk
APPROVED BY THE MAYOR this 11th day of December, 2023.
/t
Al
Ar► on•o.'avone, Mayor
Approved as to form: o.t o�lullll
OF RFN%
.,A0nd
'.y•i
Shane Moloney, City Attorney * = SEAL _ * '
s
Date of Publication: 12/14/2023 (Summary) �1'0•111ED SI 6\```��
Ord-CED(D226):2268:11/21/2023
29
ATTACHMENT A
G. LAND USE PERMIT PROCEDURES:
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
TYPE1
Building and Grading No No No Staff HE CC SC
Permits'
Business Licenses for IVo No Na Staff #€ QG SG
Home OG ati„
{fie-ctomer
visits/deliveries)
Deferrals No No No Staff HE CC SC
Final Plats No No No Staff CC SC
Lot Line Adjustments No No No Staff HE CC SC
Minor Modification No No No Staff HE CC SC
to Previously
Approved Site Plan
(<10%)
Modifications, No No No Staff HE CC SC
Deviations,
30
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
Alternates of Various
Code Standards2
Public Art Exemption No No No Staff HE CC SC
Certificate
Routine Vegetation No No No Staff HE CC SC
Management Permits
(SEPA exempt)
Shoreline Exemptions No No No Staff HE CC SC
Small Cell Permits No No No Staff HE CC SC
Special Fence Permits No No No Staff HE CC SC
Temporary Use No No No Staff HE CC SC
Permit:Tier I
Waivers2 No No No Staff HE CC SC
Other SEPA Exempt No No No Staff HE CC SC
Activities/Actions
TYPE II
Additional Animals Yes No No Staff HE CC SC
Permit
31
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
Administrative Yes No No Staff HE CC SC
Variances
Additional Vehicles Yes No No Staff HE CC SC
Permit
Business I is s for Yes No Ne Staff #€ GC SG
Home O. atie
ns
(with sto
visits-fclel-iveFies).
Conditional Approval Yes No No Staff HE CC SC
Permit
(nonconforming
structures)
Critical Area Permit Yes No No Staff HE CC SC
Home Occupation Yes No No Staff HE CC SC
Permit, Special -
Planned Urban Yes No No Staff HE CC SC
Development,final
Temporary Use Yes No No Staff HE CC SC
Permits:Tier II
- 32
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
Temporary Yes No No Staff HE CC SC
Emergency Wetland
Permit
Variances, Yes No No Staff HE CC SC
Administrative
Binding Site Plans Yes No No Staff HE CC SC
Conditional Use Yes No No Staff HE CC SC
Permit
(administrative)
Development Permit Yes No No Staff HE CC SC
(special flood hazard)
Environmental Yes No No Staff HE CC SC
Review9
Master Site Plan Yes No No Staff HE CC SC
Approvals(individual
phases)
Site Plan Review Yes No No Staff HE CC SC
(administrative)
Shoreline Permit Yes No No Staff DOE CC SC
Short Plats Yes No No Staff HE CC - SC
33
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
TYPE 1114
Bulk Storage Special Yes Staff HE HE CC SC
Permit
Conditional Use Yes Staff HE HE CC SC
Permit(Hearing
Examiner)
Fill and Grade Permit, Yes Staff HE HE CC SC
Special
Major Amendments Yes Staff HE HE CC SC
to Plats
Master Site Plan Yes Staff HE HE CC SC
Approval (overall
plan)
Mobile Home Parks, Yes Staff HE HE CC SC
Preliminary and Final
Planned Urban Yes Staff HE HE CC SC
Development,
preliminary
Preliminary Plats—10 Yes Staff HE HE CC SC
Lots or More
34
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
Shoreline Conditional Yes Staff HE DOE, HE SHB
Use Permit6
Shoreline Variance6 Yes Staff HE DOE, HE SHB
Site Plan Review Yes Staff HE HE CC
(Hearing Examiner)
Special Permits Yes Staff HE HE CC
Temporary Use Yes Staff HE HE CC SC
Permits:Tier Ill
Temporary Homeless
Encampments
Variances (associated Yes Staff HE HE CC
with Hearing
Examiner land use
review)
TYPE IVa.
Rezones(site- Yes Staff, HE HE CC SC
specific, not
associated with a
Comprehensive Plan
amendment)
35
ORDINANCE NO. 6126
PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL
RECOMMENDATION
LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL
TYPE V4
Street Vacations8 Yes Public Works Staff CC CC SC
TYPE VIa
Development Yes Staff, PC PC CC GMHB
Regulation Text
Amendments8
Comprehensive Plan Yes Staff, PC PC CC GMHB
Map or Text
Amendments(may
include associated
rezones)8
LEGEND:
Staff—Community and Economic Development Staff
ERC—Environmental Review Committee
PC— Planning Commission
Admin. —Community and Economic Development Administrator
HE— Hearing Examiner
36
ORDINANCE NO. 6126
CC—City Council
DOE—Washington State Department of Ecology
SC—Superior Court
SHB—Shoreline Hearings Board
GMHB—Growth Management Hearings Board
NA—Not Applicable
FOOTNOTES:
1. SEPA exempt or for which the SEPA/land use permit process has been completed.
2. Administratively approved.
3. Deleted.
4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is
responsible for environmental determinations.
5. The Community and Economic Development Administrator shall hear variances where not associated with a
development that requires review by the Hearing Examiner.
6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology
(DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one
37
ORDINANCE NO. 6126
hundred twenty (120) day maximum time limit for permit decisions. DOE's decision is followed by a twenty one (21) day
appeal period, during which time no building permit for the project may be issued.
7. An open record appeal of an environmental threshold determination must be held concurrent with an open record
public hearing.
8. Street vacations, development regulation text amendments, and Comprehensive Plan map or text amendments are
exempt from the one hundred twenty (120) day permit processing time limit.
9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit.
38
•
•
•
C.Land Use Permit Submittal Requirements:
• TABLE 4-8-120C
LAND USE APPLICATIONS
Annexation Conditional Use Conditional Grade Home Master Mobile —Routine Shoreline
TYPE OFeAdditional Annexation Ro,mrss-ticense Comp.Man Map Comp.Plan Critical Environmental Master Mobile Shoreline Short Plat, Site Small Temporary
(10% Permit Use Permit Environmental and Fill Occupation Lot Line Site Plan Home Modification/ Plat,Plat,Preliminary/ PUD, PUD, Vegetation Shoreline Substantial Shoreline Short Plat, Special
�mals (i0% Appeal ter-Hems Amendment/ Map Text Area Review Site Plan Home Park, Rezone Conditional Final/Binding Plan Cell Use Variance Waiver
APPLICATION/'" Notice of (Administrative(Hearing Review Permit Permit Adjustment (Individual Park, Alternate Request Final Binding Site Plan Preliminary Final Management Exemption Development Variance Preliminary Permit
PERMIT'en" Intent) Petition) Desupatien' Rezone Amendment I Examiner) Permit (Nonproject) (Special) S ec al (Overall)phases) Preliminary Final Permit Permit
Use permit Site Plan Review Permiiz Permit'
SUBMITTAL
• REQUIREMENTS
10%Notice of Intent to
Annex X
•
60%Petition to Annex X -
Additional Animals
Application Form X -
Affidavit and Photograph
of Installation of Public
Information Sign X X X X X X X X X X X X X X X X
Affidavit and Photograph
of Installation of Public
Outreach Sign X31 X X X"
Applicant Agreement
Statement(for wireless
communication facilities) X10 X X •
Applicant's Confirmation -
of Condition Compliance X X X - • X
Arborist Report X X X X X X X X X X X X X X X X X
Arborist Report,Final X • X
•
Assessment Information - X X •
Authorization for - `
Abatement
X
Binding Site Plan Map X
•
Biological -
Assessment/Critical Areas
Study when project ,
located in a designated "
floodplain X X X X X X X X X X X X " X X X X X X X X X - X X •X X
on X - - - - - - - •-
Calculations,Survey - X X X X
Colored Rendering X X X X X X X
Concealment Element
Plan X
Construction Mitigation _
Description X X X X X _ X X X X X X X X X X X X X
Documentation of
Affordable Housing
Experience and 3rd Party
Reporting"Z X X X X X X
•
Draft Deed for Any
Proposed Dedication of
Land for Public Purposes X X X X . X
•
Draft Homeowners' •
Association Documents,if
applicable X X X X X
Draft Restrictive
Covenants,if any _ X X X X X X X X X X
Drainage Control Plan X X X X X X X X X X X X X X X
Drainage Report X X X X X X X X X X X X X X X
Elevations,Architectural X X X X3 X X X X X X X X X X X X
Environmental Checklist X X X_ X X X X . X X X X X X X X X X X X X
Existing Covenants
(recorded copy) X X X X X X X X X X X X X X X X X X X X
Existing Easements -
(recorded copy) X X X X X X X X X X X X X X X X X X X X
Final Plat Plan X
Flood Hazard Data,if
applicable X X X X X X X X . X X X X X X X ` X X X X X
Floor Plans X X X X X3 X X X X X X X X X X
GeotechnicalR'eport - X X X X X X X X X X X X X - X X X X X X X X
Grading Plan,Conceptual X3 X3 X X X X X X X X X X X X X
•
Grading Plan,Detailed X X
Habitat Data Report X X X X X X X X X X - X X X X X X X X X
Hazardous Materials .'
Management Statement X X X X X X X X X X X X X X X X X X X
Inventory of Existing Sites
(for wireless
communication facilities) X° X X
Justification for the -
Comprehensive Plan - -
Amendment and,if -
applicable,Rezone X X
Justification for
Conditional Permit r -
Request X X
Justification for Home
Occupation Permit
(Special) X
Justification for Rezone X
•
Justification for Tier III
Temporary Use Permit X
Justification for Variance
Request - - X X
•
King County Health
Department Approval(for
food related uses only) - X
Landscape Plan,
Conceptual X X X X X X X X X X X X X X X X X X
Landscape Plan,Detailed X X X X X
Lease Agreement,Draft
(for wireless
communication facilities) X4 X X
Legal Description X X X X X X X X X X X X X X X X X X X X X X X X X X X X —
Letter Describing
Proposed Home
Occupation X X
Letter from Property
Owner
X X
Letter to
Examiner/Council Stating
Reason(s)for Appeal per
RMC 4-8-110C3 X
Letter Explaining Which
Comprehensive Plan
Text/Policies Should Be
Changed and Why X
Letter of Understanding,
Geologic Risk X X X X X X X X X X X X X X X X X X X
List of Affected Property
Owners within Annexation -
Area Boundary X X
Lot Line Adjustment Map X
Map of Existing Site
Conditions X
•
Map of View Area(for
wireless communication
facilities only) - X X X
Master Application Form ' • X X X X X X X X X X X X X X X X - X X X X X X , X X X X ' X X X X X X X
Master Plan X
Mobile Home Park Plan X _X
Monument Cards(one per
monument) X X X
Neighborhood Detail Map X X X X X X X' X X X X X X- X X X X X X X X X X X X X X X X X X
Neighborhood Meeting -
Materials Xu X X Xu
Parking,Lot Coverage and,
Landscaping Analysis - X X X X
Photo Simulations(for - -
wireless communication
facilities only) X4 X X X
Plat Certificate X
Preapplication Meeting
Summary,if any X X X X X X X X X X X X X X X X X X X X X X X X X X X
Preliminary Plat Plan - - X
Project Narrative X X X X X X X X X X X X X X X X X X X X X X X X X X X
Project Sequencing Plan -' X
Proposal(nonproject,e.g.,
draft ordinance,plan or
policy) X
Proposal Summary
(nonproject) X
Public Works Approval
Letter X X X X
•
Radio Frequency •
Emissions Report X
Routine Vegetation
Management Application
Form X
Screening Detail,
Refuse/Recycling X X ' X X X X X X
Service Area Map(for
wireless communication
facilities only) X X
Short Plat Plan
X
•
Short Plat Plan,Final X
Site Plan - X X X X X X X X X X X X X X X X X X X
•
Site Plan,Single Family X
Siting Process Report for
Use Permits for SCTF,CDF •
or CDIS Facilities X
Source Statement,Fill
Material,Aquifer
Protection Areas X •
Statement Addressing '
Basis for Alternate and/or
Modification X X X X
Statement Addressing the
Basis for the Shoreline
Permit Exemption Request X
Statement Addressing the
PUD's Relationship to the
City Comprehensive Plan
Stream/Lake Study(8) X X X X X X X X X X X X X X X X X X X X X X X X X X
Survey - X X X
Title Report X X X X X X X X X X X X X X X X X X X X X X X
contours) X; X X-' X
Traffic Study X X X X X X X X - X X X X
Tree Retention/Land ,. _
Clearing(Tree Inventory)
Urban Design District
Review Packet X' X7 X7 X7 X7 X7
Utilities Plan;Generalized X, X X • '..:`
Vegetation Management •
Plan(Shoreline) -- X X X
Wetlands Delineation Map X-. X X'. X X X' X X X X, X X X X X X X- X
Wetland Mitigation Plan—
Preliminary X X X X X X X X X X X X X X X X X X
Wetland Mitigation Plan •
Final X. X X X X X X
Wetlands Assessment X X X X X X X X X X X , X X X X X X X X X X X X
Table 4-8-120C Legend:An"X"indicates that the submittal item is required unless waived by the Administrator or designee.
Footnotes:
-1
1.Deleted.
2.Level of detail limited to scope listed in RMC 4-9-210A. —
3.Level of detail required may be reduced by Administrator. -
4.Not required for amateur radio antennas.
5.Deleted.
•
6.Deleted.
7.Only required for projects requiring review in the Urban Center Design Overlay District.
8.A standard stream or lake study is required for any application proposal;provided,that an individual single family residence on a parcel less than twenty thousand(20,000)square feet shall not be subject to this requirement.A supplemental stream or lake study is also required if an unclassified stream is involved,or if
there are proposed alterations of the water body or buffer,as identified in the standard stream or lake study.If substantial impacts to the existing vegetation within the buffer required by RMC 4-3-090D7a,Shoreline Bulk Standards,or as modified under RMC 4-3-090F1,Vegetation Conservation,are identified in the
standard stream or lake study,a supplemental stream or lake study may be required by the Community and Economic Development Administrator.A stream or lake mitigation plan will be required prior to final approval for any plans or permits that result in mitigation identified in the supplemental stream or lake study.
9.The only submittal requirements required for Tier I Temporary Use Permit are Master Application,Site Plan,and King County Health Department Approval.
10.Only that portion of the agreement relating to removal upon discontinuation of use is required for amateur radio antennas.
11.Submission of an affidavit and photograph of an installed public outreach sign and/or neighborhood meeting materials is only required for site plan review if the sign and/or neighborhood meeting is required per RMC 4-8-090,Public Notice Requirements.
•
12.For applicants seeking bonus density under the provisions of RMC 4-9-065.