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HomeMy WebLinkAboutORD 5675CITY OF RENTON, WASHINGTON ORDINANCE NO. 5675 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-2-060, 4-2-080, 4-2-110 AND 4-2-115 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTIONS 4-3-040, 4-3-050, 4-3-070 AND 4-3-100 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, SECTIONS 4-4-080, 4-4-100 AND 4-4-140 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, SECTIONS 4-6-060, 4-6-070 AND 4-6- 090 OF CHAPTER 6, STREET AND UTILITY STANDARDS, SECTION 4-7-230 OF CHAPTER 7, SUBDIVISION REGULATIONS, SECTIONS 4-8-060, 4-8-100, 4-8-110 AND 4-8-120 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, SECTIONS 4-9- 030, 4-9-150, 4-9-200, 4-9-240 AND 4-9-250 OF CHAPTER 9, PERMITS - SPECIFIC, SECTION 4-10-030 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, AND SECTIONS 4-11-010, 4-11-030, 4-11-040, 4-11-140, 4-11- 160, 4-11-180, 4-11-220 AND 4-11-230 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", CODIFYING THE TITLE IV DOCKET #8 AMENDMENTS BY ADDING A NEW SECTION 4-1-045 ENTITLED VESTING, REVISING CODE LANGUAGE, AND ADDING, AMENDING AND DELETING DEFINITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new Section 4-1-045, entitled "Vesting", to read as follows: 4-1-045 VESTING: A. PURPOSE: The purpose of this Section is to implement state laws that provide for vesting. This Section is intended to provide property owners, permit applicants, and the general public assurance that regulations for project development will 1 ORDINANCE NO. 5675 remain consistent during the lifetime of the application. The Section also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current development regulations and current land use controls apply. B. GENERAL: Vesting of applications is governed by the rules of RCW 19.27.095 (Building permit application — Consideration — Requirements) and RCW 58.17.033 (Proposed division of land -- Consideration of application for preliminary plat or short plat approval -- Requirements defined by local ordinance) as they exist or may be amended. The vested rights doctrine shall not be applied more broadly than its intended scope. VESTING APPLICABILITY: _ This Section applies to, and vesting occurs with, the filing of a complete application and permit approvals required by the City of Renton pursuant to Title IV, including and limited to: _ Building permits (including but not limited to combo permits, grading licenses, and sign permits): _ Preliminary plats, final plats, short plats; c_ Shoreline development permits: _ Conditional use permits; and e_ Any other land use permit application that is specifically identified by the Washington State legislature as being covered by vested rights doctrine. 2 ORDINANCE NO. 5675 2_ Vesting does not apply to the following: a_ Incomplete, invalid, inaccurate or defective building permit applications; _ Fees or taxes, including, but not limited to, impact fees; c_ Pre-application plans; d. Any other application or permit not specifically identified in RMC 4-1-045C, as it exists or may be amended; e_ Uses not specifically disclosed in the application; or f. Any application or permit that may reasonably result in a threat to the public health, safety, or welfare of the community. The City's exercise of police power to protect the public health and safety, and/or general welfare immediately extinguishes any "vested right". D. VESTING OF BUILDING APPLICATIONS: 1. Allowed Use: A building application must be allowed under the zoning or other land use control ordinances in effect on the date of the application to be deemed a valid and fully complete building application. 2. Supplemental Information: Supplemental information required after an application is deemed complete shall not affect the validity of the vesting for the application. 3. Revisions: Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new application when such revisions would result in a substantial change in the basic site design plan, 3 ORDINANCE NO. 5675 intensity, density, or similar factors, involving a change of ten percent (10%) or more. Vesting for the new application shall occur upon the date of submission of a valid and fully complete building application for the changed project. E, VESTING OF LAND USE PERMIT APPLICATIONS: The following applies to all applications described in Section 4-1-045C, as it exists or may be amended, excluding building permits. _ Consistency Review: Applications shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete. 2. Construction and Utility Standards: a_ An application shall be reviewed for consistency with the construction and utility standards in effect on the date a separate application for a construction or utility permit is deemed complete. An applicant may submit a separate construction or utility permit application simultaneously with any application described in Section 4-1-045C, as it exists or may be amended, to vest for construction or utility standards. b_ A site development application for stormwater design and construction may vest on the date of preliminary plat or conditional use permit application if the applicant submits construction permit application within one hundred eighty (180) calendar days of complete preliminary plat or conditional use permit application and is consistent with the information listed in RMC 4-8- 4 ORDINANCE NO. 5675 120A, B and C, as they exist or may be amended, and any site-specific information identified in a pre-application meeting summary. c_ The application or approval of a construction or utility permit, or the payment of connection charges or administrative fees to a public utility, does not constitute a binding agreement for service and shall not establish a vesting date for development regulations used in the review of applications described in Section 4-1-045C, as it exists or may be amended. 3. Effective Regulations: An application shall be subject to all development regulations in effect on the vesting date. 4. Identified Development: An application that is deemed complete is vested for the specific use, density, and physical development identified in the application. 5. Applicable Standards: Applications submitted that are not listed in Section 4-1-045C, as it exists or may be amended, shall be governed by the standards applicable to the specific application type. These applications shall not vest for any additional development regulations. 6. Owner Solely Responsible: The property owner is responsible for monitoring the time limitations and review deadlines for the application. The City shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed, but shall be subject to the development regulations in effect on the date of the new application. 7. The application does not vest to processes and procedures. 5 ORDINANCE NO. 5675 F. DURATION OF APPROVALS: _ Building Permits: Development of a building shall be based on the controls contained in the approved permit application. Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods identified in the International Building Code (IBC) and adopted by reference herein in RMC 4-5-050, as it exists or may be amended. 2. Preliminary Plat: Development of an approved preliminary plat shall be based on the controls contained in the Hearing Examiner's decision. A final plat meeting all of the requirements of the preliminary plat approval shall be submitted within five (5) years of the effective date of the Hearing Examiner's decision, unless a different time limitation was specifically authorized in the final approval. Any extension of time beyond this five (5) years limitation may contain additional or altered conditions and requirements based on current development regulations and other land use controls. 3. Final Plat: The lots in a final plat may be developed by the terms of approval of the final plat, and the development regulations in effect at the time the preliminary plat application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 4. Conditional Use Permit: The use authorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit approval unless a different time limitation was 6 ORDINANCE NO. 5675 specifically authorized in the final approval. The development of an approved conditional use permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 5. Permits Associated with a Preliminary Plat: Permit applications, such as Planned Urban Developments (PUD) applications that are approved as a companion to a preliminary plat application shall remain valid for the duration of the preliminary and final plat as provided in RMC 4-1-045F.2 and 3, as they exist or may be amended. 6_ Short Plat: The lots in a short plat may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. _ Shoreline Development Permits: An approved Shoreline Permit shall be allowed to develop pursuant to the time limitations listed in RMC 4-9-190J (Time Requirements For Shoreline Permits), as it exists or may be amended. The development of an approved shoreline permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 8. All approvals described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. 7 ORDINANCE NO. 5675 _ MODIFICATIONS: Proposed modifications to an application listed in RMC 4-1-045B above, as it exists or may be amended, excluding Building Permits, which have been deemed to be complete, shall be subject to the requirements below: _ Modifications proposed by the Department of Community and Economic Development to an application shall not be considered a new application. 2. Any modification to an application may require revised public notice and/or additional review time. 3. Modifications proposed by the applicant to an application which meet or exceed any of the criteria for a major revision and/or amendment, pursuant to the criteria in RMC 4-7-080M or 4-9-030G, as they exist or may be amended, shall require a new application. The new application shall conform to the development regulations which are in effect at the time the new application is submitted. 4. Proposed modifications to applications that do not exceed the major revision and/or amendment criteria pursuant to RMC 4-7-080M or 4-9-030G, as they exist or may be amended, shall be reviewed for the development regulations in effect on the date of the original complete application. H. WAIVER OF VESTING: 1. Voluntary Waiver: A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written 8 ORDINANCE NO. 5675 and signed waiver to the Community and Economic Development Administrator stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria described above in subsection E of this Section and may require revised public notice and/or additional review time. 2. Major Plat Amendments: Major plat amendments shall constitute a voluntary waiver of vested rights at the time of the submittal of the major plat amendment, unless otherwise approved by the Community and Economic Development Administrator. SECTION II. Section 4-2-060, Zoning Use Table - Uses Allowed In Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown on Attachment A, attached hereto and incorporated by this reference. SECTION III. Section 4-2-080A, Subject To The Following Conditions, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Limited to locations within an existing or new golf course or regional park. 9 ORDINANCE NO. 5675 2. All operations shall be conducted entirely within an enclosed structure. In tho CN or CV Zono, this uso must bo associatod with a gas station. a_ Vehicles shall only be held on the property while being serviced and shall have an active repair or service invoice that shall be made available to the City upon the City's request. b. Vehicle storage before or after service shall not be allowed. Vehicles held on the site shall be subject to the screening and landscaping provisions in RMC 4-4-120, Storage Lots - Outside, unless enclosed within a building. c. Vehicle holding areas shall count toward the maximum lot coverage standard of the zone. ci Any overnight vehicle parking accessory to this use shall not be located in the front setback or in a side setback along a street. Additionally, in the CN or CV Zone, this use must be associated with a gas station. 3. These uses shall not be located on the ground floor along street frontage m abutting the "Downtown Pedestrian District." See Downtown Pedestrian District Map in RMC 4-2-080D, as it exists or may be amended. 4. Existing commercial laundry uses may be continued and may be re- established for purposes of rebuilding upon unintentional destruction of property. Existing commercial laundry uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas. Renovations or alterations within the existing building footprint are permitted. 10 ORDINANCE NO. 5675 Existing commercial laundry uses may add to the height of buildings provided that the height of the building not exceed forty-two feet (42'), and that additional height be used for accessory office to support the commercial laundry uses. Existing offsite warehousing uses accessory to existing commercial laundry uses may be continued but may not be expanded beyond their existing building footprint. 5. Professional bed and breakfast houses are only allowed in the RM-U Zone. 6. Subject to the requirements of RMC 4-9-090, Home Occupations, as it exists or may be amended, with the written approval of the property owner, if tenant occupied. 7. Accessory dwelling units (ADUs) afe may be allowed as an accessory use to a detached single-family dwelling pursuant to the conditional use permit process. ADUs shall be subject to the development standards applicable to primary structures and consistent with the architectural character of the primary structure. The property owner shall file an affidavit affirming that the owner will occupy the principal dwelling or the ADU. Additionally, prior to the issuance of building permits the owner shall record a notice on the property title. The notice shall bear the notarized signature of all property owners listed on the property title and include: the legal description of the property, a copy of the approved site/floor plan, and the applicability of the restrictions and limitations regarding 11 ORDINANCE NO. 5675 ADUs in RMC Title IV. No more than fifty (50) total ADUs may be permitted per calendar year. 8. Allowod only in tho Rosidontial Multi Family suffix. Twonty-four (24) hour on sito management required. Tho manager's unit is not subject to minimum density roquiromonts. No ostato, garage or other sales from any leasable spaces. No outdoor storage, including vehicle or trailer storage lots. Self-sorvico storage uses in this zono aro subject to tho following special development standards: Side and roor setbacks subject to tho Commorcial Arterial Zono standards of RMC 4 2 120A,—Dovolopmont Standards for Commorcial Zoning Designations, in lieu of tho RM F dovolopmont standards_A building-mounted amateur radio antenna that is six feet (6') or less in height or a freestanding, vertical monopole amateur radio antenna that is forty-five feet (45') or less in height is permitted without a conditional use permit. 9. Development consistent with an approved "Master Plan" is considered to be a permitted use. Other activities which are outright permitted include the addition of up to four (4) new portables, or changes in facilities not exceeding ten percent (10%) of gross floor area. Other proposed activities require a Hearing Examiner conditional use permit. 10. Permitted whon approved by tho Dovolopmont Sorvicos Division and associated with an active building or construction pormit, for a period not to oxcood tho duration of construction. Soo RMC 4 9 240 Specified uses are allowed 12 ORDINANCE NO. 5675 consistent with the provisions of RMC 4-9-240, Temporary Use Permits, as it exists or may be amended. 11. Storage of products shall be limited Limitod to storage of products in conjunction with related to retail, service, or office usesr and Shall shall not be located along the building street frontage or in areas visible to the public. 12. Shall be developed as part of larger office structures. Shall not stand alone and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 13. a. Administrative Headquarters Office: Those offices shall bo ossociatod with a pormittod industrial use listed in RMC 4 2 0601. Tho office usos may bo developed in conjunction with, or subsequent to, tho industrial use. b-.—Gonoral—Offices:—Excluding administrative—headquortors—offices, which aro pormittod consistent with subsection (13)(a) of this Section, g General offices are only allowed in the Employment Area Valley (EAV) land use designation; provided that general offices that are accessory to a primary use are permitted outside the EAV. Soo EAV Map in RMC 1 2 080B. 14. Except that when operations aro predominantly conducted out of doors rather than complotoly enclosed within an onclosod structure, an administrative conditional uso pormit is roquirod Reserved. 15. Uso is limitod to building, hardware, and garden. Excopt I In the CD and CO Zones, use is limited to farmer's markets. In all other zones, use is 13 ORDINANCE NO. 5675 limited to farmer's markets, building, hardware and garden retail sales, sfee restrictions apply por RMC 4 2 120B and farmers markets aro pormittod. 16. Residential usos shall not be located along tho street frontage on tho ground floor in tho "Downtown Podostrian District." Reserved. 17. a. Gonoral Office and Medical/Dental Offices: Size rostrictions apply por RMC 4 2 120A. Additionally, tho uso may only bo pormittod via administrativo conditional uso permit subject to tho following critoria in addition to conditional uso criteria: (i) activitios with a limitod need for walk in cliontolo and (ii) activitios for which a reduction in parking standards to ono spaco per fivo hundrod (500) squaro foot of gross floor spaco could bo justified. b-.—Administrativo Headquarters Office: N_w administrativo headquarters offices aro not pormittod. For existing, logal administrativo headquarters offices greotorthon throo thousand (3,000) squaro foot in size, and in oxistonco prior to January 1, 1999, tho following expansions may bo allowed: (i) parking expansion may bo allowed; (ii) a ono timo expansion of building squaro footago, not oxcooding throo thousand fivo hundrod (3,500) squaro foot, may bo pormittod subject to sito dovolopmont plan roviow. This provision allowing expansion of building squaro footago shall expire on Docombor 1, 2006, consistent with any approved dovolopmont agreements or covenants Reserved. 18. a. Gonoral Roquiromonts: Only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any 14 ORDINANCE NO. 5675 street frontage. Residential uses shall not be located on the ground floor, except for a-residential entry features linking tho residential portion of tho dovolopmont to tho stroot unless determined through the site plan review process that a particular building has no street frontage. bi—Employment Area Valley: Residential uses are not permitted in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2- 080B, as it exists or may be amended. 19. Reserved. 20. Not permitted within the Commercial Artorial (CA) Zono within tho Corridor Comprehensive Plan designation along Northeast Sunset, Northeast Fourth (4th), and South Puget Drive Commorcial Corridor Comprohonsivo Plan designations. 21. a. Gonoral Requirements: Allowed only in conjunction with Except for marinas, the use must be housed in a structure containing one (1) or more of the following uses: offices, residences, hotels, and convention centers, and/or research and development facilities. b-.—Integration of Usos: Tho uso shall bo architecturally and functionally integrated into tho dovolopmont. —Except for marinas, tho uso must bo housod in a structure containing ono or more of tho usos listod in subsection (21)(a) of this Section. The requirements in subsoction (21)(b) of this Section may be adjusted through the Master Plan process. 15 ORDINANCE NO. 5675 22. Size restrictions apply per uso in RMC 4-2-120A. Self-service storage must be part of a mixed use development. Retail sales uses in the CN zone are limited to: flowers/plants and floral supplies; mini-marts; crafts, including supplies and finished products; gift shops; specialty markets; and other similar small scale, low-intensity commercial uses that serve nearby residents, as determined by the Community and Economic Development Administrator. 23. Limited to existing uses. Only those modifications or expansions which do not increase production levels are permitted in the COR Zone. Major modifications, production increases, or expansions of existing use require a Hearing Examiner conditional use permit in the COR Zone. 24. Use requires a Hearing Examiner conditional use permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of 1-405 and north of SW 16th Street, unless accessory, in which case it is outright permitted. Explosives and natural gas storage are not permissible in the IL Zone. 25. A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060G, as it exists or may be amended, is considered a permitted use. 26. Size rostrictions apply por uso in RMC 4 2 120A. Must bo part of a mixed uso dovolopmont Reserved. 27. Shall be architecturally and functionally integrated into the overall development. Freestanding establishments may be permitted only if they are 16 ORDINANCE NO. 5675 five thousand (5,000) square feet or larger per establishment. These requirements may be adjusted through the Master Plan review process. These provisions are not intended to prohibit pushcarts/kiosks. 28. Accessory drive through service is permitted only in association with multi-story buildings. Tho accessory drivo through service shall bo located to tho side and/or roar of tho building, and intogratod into the exterior wall. Drivo through lanos shall not bo locatod botwoon tho stroot and tho main podostrian access to tho buildings. Those roquiromonts may bo adjusted through tho Site Plan roviow process. Industrial engine and transmission rebuild uses must be conducted entirely indoors. In the CA zone, body shops must be conducted entirely indoors. For all other uses and zones, an Administrative Conditional Use Permit is required if operations are conducted outdoors. 29. Only allowed in the Employment Area Valley (EAV) land use designation^ provided: See EAV Map in RMC 4 2 080B. Providod that tho uso is oxcludod within the area south of I 405 and north of SW 16th Street. a. Gambling facilities, vehicle and equipment rental and communication broadcast and relay towers are excluded within the area south of 1-405 and north of SW 16th Street: b. Large vehicle sales are only allowed in the area south of 1-405 and west of SR167/Rainier Avenue South. c. Outdoor storage and retail sales are allowed as an accessory use in industrial zones. 17 ORDINANCE NO. 5675 d. Self-service storage is allowed as an administrative conditional use in Light Industrial (IL) zones. 30. a. Usos are limitod to: Sales of mobile or manufactured homos, building/hardwaro/gardon materials, lumboryords, a«d monuments/ tombstonos/gravcstonos. h-.—Location Restrictions: —H Building/hardwaro/gardon sales and monumonts/tombstonos/ gravestones sales are only allowed in the Employment Aroa Valloy (EAV) land uso designation. Howovor, they are oxcludod from the area south of I 405 and north of SW 16th Street. Soo EAV Map in RMC 1 2 080B. —ii. Lumboryards aro only allowed in tho IM and IH Zones. Howovor, thoy aro oxcludod from the aroa south of I 405 and north of SW 16th Stroot. Except farmer's markets, which are permitted in all industrial zones, use is not allowed in the area south of 1-405 and north of SW 16th Street. Lumberyards are not permitted in the IL zone. 31. Operations must bo conducted entirely within an onclosod structure Reserved. 32. Outdoor recreation facilities aro pormittod only in tho Employment Aroa Valloy (EAV) land uso designation. (Soo EAV map in RMC 4 2 080B.) Howovor, amusomont parks roquiro a Hearing Examinor conditional uso pormit Reserved. 18 ORDINANCE NO. 5675 33. A preschool or day care cantor, when accessory to public or community facilities listed in RMC 4 2 060G, is considorod a pormittod uso and not a conditional uso. For all commorcial usos, the maximum building sizo shall be fivo thousand (5,000) squaro foot or if part of a mixed uso building, commorcial usos shall comprise no greater than fivo thousand (5,000) squaro foot of gross floor aroa. Additional Restrictions within tho CV Land Uso Designation: Retail uses, eating/drinking establishments, and on-site service uses are prohibited in R 14 areas within the Center Village land use designation unless they are accessory to a school, park, or entertainment and recreational use as allowed in RMC 4-2- 060E, F and J. Commercial uses may not be greater than five thousand (5,000) square feet of gross floor area. 34. a. Accessory retail uses aro pormittod whoro ordinarily incidental to tho pormittod principal uso. —Principal retail sales usos aro only pormittod in tho Employment Aroa Valloy (EAV) land uso designation. Soo EAV Map in RMC 4 2 080B Reserved. 35. Sales of agricultural products are allowed as an accessory use as defined in RMC 4-2-050A, as it exists or may be amended, in those zonos, provided the conditions of RMC 4-4-015, as it exists or may be amended, are met. 36. Vehicles that have been towed must be kept in a building. When not in use, towing trucks must be kept in a building. Tow trucks are limited to Class 19 ORDINANCE NO. 5675 A, B, and/or E. In the CA zone impound yards are prohibited and tow truck operations must be a shared use with either an auto body shop and/or a vehicle service and repair business. 37-—a. General Roquiromonts: Subject to requirements of RMC 4-4-010, as it exists or may be amended. Standards for Animal Keeping Accessory to Residential/Commercial Uses. Additional animals roquiro an Additional Animals Pormit por RMC 4 9 100. b-.—IL Zono Kennols:—kq—the—IL Zono,—when—©Operations are predominantly conducted outdoors out of doors rathor than complotoly onclosod within an onclosod structuro, require an administrative conditional use permit is required in the IL zone and are prohibited in the area south of 1-405 and north of SW 16th Street. —IM Zono—Konnols: Within tho aroa south of I 405 and north of SW 16th Stroot only indoor kennols aro pormittod. 38. Only allowed in tho Employmont Area Valloy (EAV) land uso designation. Soo EAV Map in RMC 4-2 080B Reserved. 39. Roquiromonts for usos not associated with a modical institution: Uso must bo locotod within tho Commorcial Corridor Comprohonsive Plan land use designation bordered by S. 37th St., Talbot Rd., Carr Rd., 89th Avo. SE, and tho Valloy Freeway Reserved. 40. Permitted when located within the Commercial Corridor (CC) Comprehensive Plan land use designation. 20 ORDINANCE NO. 5675 41. Limited to tho area south of 1-405 and west of SR-167/Rainier Avonuo S Reserved. 42. Permitted only on the ground-floor level as part of a residential project on RM-U zoned properties fronting on South 7th Street. 43. Subject to the provisions of RMC 4-3-010, Adult Retail and Entertainment Regulations, and chapter 5-12 RMC, Adult Entertainment Standards, as they exist or may be amended. In the CO zone, uses shall be developed as part of larger office structures, shall not stand alone, and shall not occupy more than twenty-five percent (25%) per building whose primary use is office. 44. Pormittod; provided, that tho facility has a minimum sotback of ono hundrod foot (100') from any adjacent residontially zonod parcel; ilf the setback is less than one hundred feet (100') from any adjacent or abutting residentialiy zoned parcel, an administrative conditional use permit is required pursuant to RMC 4 9 030J docision criteria. 45. Por Monopoles Proposed on Private Property: May bo allowed via an administrativo conditional uso pormit pursuant to RMC 4 9 030J docision criteria; providod, that tho site is ovor ono half aero in size and tho facility has minimum setbacks of ono hundrod foot (100') from any adjacent residontially zonod parcol; I If the setback is less than one hundred feet (100') from any adjacent or abutting residentialiy zoned parcel, a Hearing Examiner issued conditional use permit is required. 21 ORDINANCE NO. 5675 For Monopolos Proposed on Public Right-of-Way: May bo allowed via an administrativo conditional use pormit pursuant to RMC 4 9 030J docision criteria, and right of way uso permit, providod, tho facility is located on a principal, minor, or collector arterial and has minimum setbacks of ono hundrod foot (100') from any odjacont residontially zonod parcel; if tho sotback is loss than ono hundrod foot (100') a Hoaring Examinor conditional uso permit is required. 46. Eligible for an administrativo conditional uso pormit pursuant to RMC 4 9 030J docision criteria; providod, that the facility has a minimum sotback of ono hundrod foot (100') from any adjacent rosidontially zonod parcol; if tho sotback is less than ono hundred foot (100') a Hoaring Examinor conditional use pormit is roquirod Reserved. 47-—May bo allowed by an administrativo conditional uso pormit pursuant to RMC 4 9 030J docision criteria, if tho monopole II facility is to bo constructod on property whoro wireless communication support structures presently oporato, and tho now monopole II facility will not oxcood tho height of tho existing support structures. Monopoles are P-prohibited if located within three hundred feet (300') of an RC, R 1, R 4, R 8, R 10, or R 14 zono residentialiy zoned property unless the Roviowing Official Community and Economic Development Administrator determines that all residentialiy zoned property within three hundred feet (300') of the proposed facility is undevelopable due to critical areas regulations (RMC 4-3-050); then tho administrativo conditional uso 22 ORDINANCE NO. 5675 process shall apply. Monopole II facilities must be constructed on property where wireless communication support structures presently operate and must not exceed the height of the existing support structures. 48. A Hoaring Examinor conditional use permit pursuant to RMC 4 9 030J docision criteria is required. This use is prohibited if located within throo hundrod foot (300') of an RC, R 1, R 4, R 8, R 10, or R 14 zono, unloss tho Reviewing Official determines that all residontially zoned proporty within throo hundrod feot (300') of tho proposed facility is undevelopable duo to critical areas regulations (RMC 4 3 050), in which case tho new wiroloss support structure can bo roviowed as a Hoaring Examinor conditional use pormit Reserved. 49. Emergency or routine modifications are permitted when there is minimal or no change in the visual appearance, as determined by the Roviowing Qffieiaf Community and Economic Development Administrator. 50. Reserved Manufactured Homes shall be allowed only if in compliance with the Residential Design and Open Space Standards in RMC 4-2- 115, as it exists or may be amended. 51. Tow truck operations must be a shared uso with oithor an auto body shop and/or a vehicle service and repair business. When not in uso, towing trucks must bo kopt in a building. Tow trucks aro limited to Class A, B, and/or E Reserved. 52. Card rooms are P—permitted when ancillary to a permitted use where food and beverages are served on the premises and located in an area 23 ORDINANCE NO. 5675 with an Employment Area Valley (EAV) land use designation as shown on the City's Comprehensive Plan Land Use Map, and located south of 1-405. In the case of the IM Zone, the location is further limited to IM-zoned areas south of SW 16th Street. Should any court of competent jurisdiction find that the City zoning for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. 53. Provided a temporary uso permit is obtained consistent with tho provisions of RMC 4-9 240, Temporary Uso Pormits Reserved. 54. Allowed outright in the Employment Area Valley (EAV) land use designation. (Soo EAV Map in RMC 4 2 080B.) Outside the EAV, the use shall be developed as part of larger office structures. Such uses shall not stand alone and shall not occupy more than twenty;five percent (25%) per- of a building whose primary use is for office-related use. Outside the EAV, indoor recreation uses shall not occupy more than twenty-five percent (25%) of any one (1) floor. 55. a. Adult day core I on a property with a nonrosidontial facility is only allowed outright in tho Employment Aroa Valloy (EAV). Soo EAV Map in RMC 4 2 080B. Outsido of tho EAV, an administrativo conditional uso pormit is required. —Adult day caro I on a property containing a residential uso requires an administrativo conditional uso pormit in any location Reserved. 56. Excopt not pormissiblo Prohibited within the Employment Area Valley (EAV). (Soo EAV Map in RMC 4 2 080B.) 24 ORDINANCE NO. 5675 57. Only allowed in tho Employment Area Valloy (EAV) land uso designation, unless tho uso is accessory in which coso it is ollowod outside tho EAV. Soo EAV Map in RMC 4 2 080B Reserved. 58. Only allowed in tho Employment Area Valloy (EAV) land uso designation. Soo EAV Map in RMC 4 2 080B. Outside of tho EAV, uso is allowed as an administrativo conditional uso Reserved. 59. The specified uses shall be prohibited Excludod within the area south of 1-405 and north of SW 16th Street. 60. Retail solos usos aro limitod to: flowors/plonts and floral supplies, mini marts, crafts (including supplies and finished products), gift shops, grocory stores, and specialty markets Reserved. 61. No drive-through service shall be permitted, except for financial institutionsi which multi-story buildings in the CV and CD zone, and uses within industrial zones in the Emplovment Area Valley (EAV). Financial institutions are permitted a maximum of three (3) accessory drive-up windows that shall be part of the exterior wall of the financial institution structure. Fast food restaurants are prohibited from accommodating drive-throughs in the CD zone. Drive- through lanes shall not be located between the street and the main pedestrian access to the buildings. These requirements may be adjusted through the Site Plan review process. 62. Outside the Employment Aroa Valloy (EAV) land uso designation (soo EAV Map in RMC 4-2-080B), drivo through is pormittod only whon accessory 25 ORDINANCE NO. 5675 to a financial institution. Financial institutions aro permitted throo (3) accessory drive up windows that shall bo part of tho oxtorior wall of tho financial institution structure. Within tho EAV, drive-through service is pormittod Reserved. 63. Subject to the sizo restrictions of RMC 4 2 120A. On sito services excluding dry cleaning and roal estate offices Reserved. 64. Limited to storage in association with rental services. In tho CV Zone ar+d An Administrative Conditional Use Permit is required within one thousand two hundred feet (1,200') of NE 4th Street within tho NE 4th Corridor, an administrativo conditional use pormit is required. Not allowed Use is prohibited within one thousand two hundred feet (1,200') of Sunset Boulevard within tho Sunset Corridor. Size rostrictions apply por RMC 4 2 120A. 65. Allowed outright in tho Employmont Aroa Valloy (EAV) land uso designation. (Soo EAV Map in RMC 4 2 080B.) Outside the EAV, tho uso is limitod to hoalth clubs/fitness contors/sports clubs, which shall be devolopod as part of larger office structures. Such usos shall not stand alone and shall not occupy more than twenty fivo porcont (25%) of any ono floor of a building whoso primary uso is offico Reserved. 66. Requires a Hoaring Examinor conditional uso permit, oxcopt that o Electrical power generation and co-generation is permitted as an accessory use when located more than one hundred feet (100') from any property zoned for residential use, i.o. RC, R 1, R 4, R 8, R 10, R 14, RM, and producing less than ten 26 ORDINANCE NO. 5675 (10) megawatts of electricity. In the CO Zone, the use must be accessory to a medical institution. 67. Chemical and allied products manufacturing operations, or operations which are conducted predominantly out of doors, require a Hearing Examiner issued conditional use permit in the IM Zone, and an administrative conditional use permit in the IH Zone, except that these uses are not permissible in the area south of 1-405 and north of SW 16th Street. 68. Only permitted in the Automall District, as defined in RMC 4-3-040. as it exists or may be amended, and Employment Area Valley land use designations. Soe Automall Map in RMC 4 2 080F and EAV Map in RMC 4 2 080B. Provided, however, that indoor only sales of small vehicles are permitted anywhere within the CA Zone, regardless of overlay zone. 69. Reserved. 70. No drive through sorvico shall bo pormittod, except for multi story financial institutions which aro pormittod throo (3) accessory drivo up windows. The accossory drivo through sorvico shall bo located to tho sido and/or roar of the building, and tho windows shall bo part of tho oxtorior wall. Drivo through lanos shall not bo located botwoon the stroot and the main pedestrian accoss to the buildings. Those roquiromonts may bo adjusted through tho Sito Plan roviow process Reserved. 71. Only allowed in the Employment Area Valley (EAV) land use designation south of l-405_ subject to a Hoaring Examiner Conditional Uso 27 ORDINANCE NO. 5675 Permit. Soo EAV Map in RMC 1 2 080B the conditions of RMC 4-9-030. as it exists or may be amended. —No socu.ro community transition facility (SCTF) shall: B-.—House more than six persons, excluding rosidont staff. Any incroaso in the numbor of rosidont bods shall roquiro an ontiroly now application. &—Bo allowed within throe hundrod thirty feot (330') of any residential zono located within or outside tho City limits. e-.—Bo allowed adjacent to, abutting, across a parking lot from, or within the "lino of sight" from a "risk potontiol activity" as defined in RCW 71.09.020, now or as hereafter amondod, or risk potential facilitios in oxistenco at tho timo a sito is listed for considoration. For the purposes of granting a Conditional Uso Permit for siting an SCTF, tho Reviewing Official shall consider a permanent, unobstructed visual distance of six hundrod foot (600') to bo within "lino of sight." Tho Reviewing Official may roduco tho distance to loss than six hundrod feet (600') through tho Conditional Uso Pormit process, if tho applicant can demonstrate that a visual barrier oxists or can bo created that would roduco tho lino of sight to loss than six hundrod foot (600'). Risk potential facilitios currently include, but aro not limitod to: —» Community and rocroation contors, —« Churches, synagogues, tomplos and mosquos, —•» Liconsod day caro, —* Liconsod proschool facilitios, 28 ORDINANCE NO. 5675 —* Public libraries, —» Public parks, —« Public and private schools, « School bus stops, —* Sports fields, or —• Publicly dodicotod trails. 4-.—Be locatod within ono milo from any SCTF, work roloosc, proroloaso, or similar facility. —"Distance" roforonced in paragraphs b, c, and d of this soction is measured by following a straight lino from tho noarost point of tho building in which tho secure community troatmont facility is to bo located, to the nearest point of tho zoning boundary lino or property lino of tho lot on which tho buffered uso is located. —Tho City may impose conditions to mitigate any potential odvorso impact of the SCTF on surrounding usos, except that tho Conditional Uso Permit conditions may not impose restrictions on tho SCTF greater than those sot forth in RCW 71.09.285 through 71.09.310 inclusive. 72. All dovolopmont within tho CA Zono, including big box retail usos, is subject to complianco with design rogulations applicable to District 'D' as dotailod in RMC 4 3 100. Except in tho Employmont Aroa Valloy (EAV) south of Interstate 405, big box retail usos are subject to complianco with dosign rogulations applicable to District 'C as dotailod in RMC A 3 100. Big box retail 29 ORDINANCE NO. 5675 uses-fft the EAV south of Interstate 405 outside of tho CA zone aro not subject to Urban Design Regulations. Big-box retail usos are not pormittod within tho Commorcial Artoriol (CA) Zono within tho Northoast Sunset, Northeast Fourth (4th), and South Pugot Commorcial Corridor Comprohonsivo Plan dosignations Reserved. 73. Garden style apartments are prohibited. Within the Center Village Zone, ground floor commercial development at a minimum of seventy_five percent (75%) of the frontage of the building is required for all residential projects on parcels abutting NE Sunset Boulevard east of Harrington Avenue NE. 74. Flats aro only pormittod if part of a mixod uso structure with ground floor commorcial Reserved. 75. Only permitted west of Park Ave. and south of N. 8th Street. 76. Only Grades 9 through 12 pormittod Reserved. 77. a^-Only permitted north of N. 8th Street and as part of a mixed use structure^ b-.—Uimited to training related to research and development, arts, computer sciences, business, culinary arts, medical-related fields and/or other knowledge-based industries. 78. No freestanding structures pormittod unless architecturally and functionally—intogratod—hr+fee—an—overall—shopping—contor—or-—mixod—use dovolopmont Reserved. 30 ORDINANCE NO. 5675 79. a. Big box uses Mmust function as an anchor to larger retail developments that are planned as part of an integrated and cohesive center. b. Big-box use must be connected to additional structures within a shopping center with supporting retail or service uses structures with common walls, or plazas, or other similar features, excluding pushcarts/kiosks. c. Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. 80. Drivo through windows must abut a building facade or wall and must be located within tho building footprint. Provided the use is: a. Located on the same lot with another building/use; or b. Structurally integrated into another building/use; or c. Located on its own lot with some amount of indoor customer seating to qualify the drive-through as "accessory" to the eating/drinking establishment. 81. No stand alone structures smaller than fivo thousand (5,000) squoro feet,—except for pushcarts/kiosks,—unless architecturally and functionally intogratod into a shopping center or mixod uso dovolopmont Reserved. 82. a. Multi-story, stand-alone retail buildings greater than seventy_five thousand (75,000) square feet are allowed only with structured parking and a maximum building footprint of sixty_five thousand (65,000) square feet. b. No freestanding structures smaller than five thousand (5,000) square feet are permitted, unless architecturally and functionally integrated into 31 ORDINANCE NO. 5675 overall shopping center or mixed use development. Stand-alone retail buildings are not allowed east of Lake Washington Boulevard North. c. Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. 83. a. Movio facilities with moro than four (4) scroons must bo architocturally and functionally intogratod into overall shopping contor or mixod use dovolopmont. —Buildings oriontod along Park Avonuo must have ono or moro pedestrian entries on Park Avonuo No freestanding structures permitted unless architecturally and functionally integrated into an overall shopping center or mixed use development. 84. Pormittod subject to tho conditional uso criteria regarding airport compatibility located in RMC 4 3 020 Reserved. 85. Only pormittod south of N. 8th Stroot Reserved. 86. Limited to airplane manufacturing, biotechnology, life science, information technology (i.e., hardware, software, computer components), or other high technology industry. Except airplane manufacturing and associated uses, buildings oriented to pedestrian streets must have ground-floor commercial uses within them. 87. Not allowed within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Pormittod as Except K-12 institutions, buildings oriented to pedestrian streets must have ground-floor commercial 32 ORDINANCE NO. 5675 uses. Residential uses must be incorporated in mixed use structures with ground-floor commercial except that parcels may bo dovoiopod exclusively for attached dwelling units if unless: a. The entire frontage of the block is residential; b. Support facilities such as exercise facilities, lobbies, etc., face the street frontage and living areas are in the rear; or c. Entries to attached dwelling units are slightly elevated above the sidewalk level. 88. a. Not permitted within ono thousand feet (1,000') of the contorlino of Ronton Municipal Airport runway. b-.—Structured parking is required north of N. 8th Stroot. e-.—Buildings oricntod to pedostrion streets must have ground floor commercial usos within thorn Reserved. 89. Not pormittod within ono thousand foot (1,000') of tho contorlino of Ronton Municipal Airport runway Reserved. 90. Structured parking roquirod north of N. 8th Stroot Reserved. 91. a. Not permitted within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. b-.—Structured parking required north of N. 8th Stroot. eb. If located north of N. 8th Street, then must be located in a mixed use structure. 33 ORDINANCE NO. 5675 4c. Buildings oriented to pedestrian streets, must have ground- floor commercial uses within them. 92. a. Structured parking roquirod north of N. 8th Stroot. br Must be located within a mixed use structure. Buildings oriented to pedestrian streets must have ground-floor commercial uses within them. —Must bo located within a mixod uso structure. 93. a. Structurod parking roquirod north of N. 8th Stroot. —Buildings oriented to pedestrian streets must have ground-floor commercial uses within them. 94. a. Must be located within a mixod use structure. —Structurod parking roquirod north of N. 8th Stroot Reserved. 95. a. Multi story, stand-alono retail buildings greater than sovonty fivo ousand (75,000) squaro foot aro allowod only with structurod parking and a maximum building footprint of sixty fivo thousand (65,000) squaro foot. —Structurod parking roquirod north of N. 8th Stroot. e-.—Stand alone retail buildings aro not allowod oast of Lako Washington Boulevard North Reserved. 96. ar Specified entertainment and sports uses shall not be permitted Not pormittod within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Boyond ono thousand foot (1,000') of tho contorlino of tho Renton Municipal Airport runway, this uso is allowod subject to tho conditional uso criteria regarding airport compatibility located at RMC 4 3 020. 34 ORDINANCE NO. 5675 b-.—Structured parking roquirod north of N. 8th Stroot. €r.—Buildings oriented to pedestrian streets must have ground-floor commercial uses within them. Convalescent centers are permitted only south of N. 8th Street. 97. Tho uso shall bo architocturally and functionally integrated into a largor mixod uso dovolopmont Reserved. 98. a. Not pormittod within ono thousand foot (1,000') of the contorlino of Renton Municipal Airport runway. b-.—Structurod parking is roquirod. —Buildings oriontod to podostrian stroots must have ground floor commercial usos within thorn Reserved. 99. Must bo located within a mixod uso structure Reserved. 100. ar Specified day care service uses shall not be permitted Not pormittod within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. br Specified day care service uses must Aflusfc be located within a mixed use structure. 101. a. Not permitted within ono thousand foot (1,000') of tho contorlino of Ronton Municipal Airport runway. b-.—Pormittod only south of N. 8th Stroot. B-.—Buildings oriontod to podostrian stroets must havo ground floor commorcial usos within thorn Reserved. 35 ORDINANCE NO. 5675 102. Buildings oriontod to pedestrian streets must have ground floor commorcial usos within thorn Reserved. 103. Structurod parking is roquirod Reserved. 104. a. Limitod to airplane manufacturing and related accossory usos, biotechnology, lifo scionco, information technology (i.e., hardware, software, computer components), or othor high technology industry. b-.—For uses othor than airplano manufacturing and rolatod accessory usos, structurod parking required north of N. 8th Stroot. €T—For usos othor than airplano manufacturing and related accossory uses,—buildings—oriontod—te—podostrian—stroots—must—have—ground floor commorcial usos within them Reserved. 105. Specified vehicle related uses shall not be Not permitted when west or north of 1-405. 106. Only structurod park and ridos aro permitted in the Contor Village Comprohonsivo Plan designation Reserved. 107. Only structured park and rides are permitted. 108. Pormittod on existing parking roquirod as accessory parking for a nonrosidontial uso Reserved. 109. Specified vehicle related uses shall not be Net permitted in the area bounded by SW 7th Street, Shattuck Avenue, Airport Way and Hardie Avenue except when part of a mixed-use transit oriented development with structured parking. 36 ORDINANCE NO. 5675 110. Limitod—te—existing—fueling—stations—m—the—Commorcial Neighborhood (CN) Zono Reserved. 111. Helipad use is only ©THY permitted if the use and operation of the helipad is accessory to the primary residential use and it must comply with all of the following conditions: a. There shall be only one aircraft use per single family residence. b. The use shall be limited to properties abutting Lake Washington with a minimum lake frontage of seventy-five feet (75') as measured at the ordinary high water mark. c. The weight of the aircraft in use on the site shall not exceed six thousand (6,000) pounds. d. The helipad shall be approved by the Federal Aviation Administration (FAA), documented with a letter stating "no objection" or "no objection if certain conditions are met" for the establishment of the helipad site as the result of an FAA Aeronautical Study. If the FAA approval states "no objection if certain conditions are met," the property owner shall maintain documentation that the conditions have been met and shall obtain the proper permits or approvals to meet those conditions, if required by federal, Sstate, or local regulation. Under no circumstances shall a helipad be permitted if the result of the FAA Aeronautical Study is "objectionable." e. The helipad shall be approved by the FAA for arrivals and departures from the water side only. 37 ORDINANCE NO. 5675 f. Arrival or departure of the aircraft shall occur between the hours of 7:00 a.m. and 10:00 p.m. except in case of emergency. A flight log shall be kept to document the time of all flights arriving or departing from the helipad. g. Documentation of compliance with the above conditions shall be provided to the City by the property owner, at the property owner's expense, at the City's request. 112. In the CV Zone, no office and conference uses are allowed for parcels fronting or taking primary access from Edmonds Avenue NE; and fast food restaurants are prohibited from accommodating drive-throughs. 443. —Fast food restaurants aro prohibited from accommodating drivo throughs. 444. —Any single indoor recreational uso on a sito shall not oxcood a maximum gross floor aroa of throo thousand (3,000) squaro foot. 445. —Tho uso is limitod to health clubs/fitness contors/sports clubs, which shall bo developed as part of larger office structures. Such usos shall not stand alono and shall not occupy more than twenty fivo percent (25%) of any ono floor of a building whoso primary uso is office. 446. —Crisis Divorsion (CDF) and Crisis Diversion Interim Sorvico Facilitios (CDIS) shall only bo located within tho Employmont Aroa Valloy (EAV) land use dosignation, south of 1-405, subject to Hoaring Examinor Conditional Uso Permit. Soo EAV Map in RMC 4 2 080B. No CDF or CDIS shall bo allowod adjacent to, abutting, across a parking lot from, or within tho "lino of sight" from a risk 38 ORDINANCE NO. 5675 potential activity. For the purposes of granting a Conditional Uso Pormit for siting a CDF or CDIS, tho Reviewing Official shall consider a permanent, unobstructod visual distance of six hundrod foot (600') to bo within "lino of sight." Tho Reviewing Official may roduco tho distance to loss than six hundrod foot (600') through tho Conditional Uso Pormit process, if tho applicant can demonstrate that a visual barrier exists or can bo created that would roduco tho lino of sight to loss than six hundred foot (600'). Risk potontial facilitios currently include, but are not limitod to: •»—Community and rocroation contors, *—Churches, synagogues, temples and mosquos, ••—Liconsod day caro, •»—Licensed preschool facilitios, *—Public librorios, •*—Public parks, •»—Public and private schools, *—School bus stops, *—Sports fiolds, or *—Publicly dedicated trails. SECTION IV: Subsection 4-2-080B, Employment Area Valley, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. 39 ORDINANCE NO. 5675 SECTION V: Subsection 4-2-080F, Automall, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION VI: Subsection 4-2-llOA, Development Standards For Residential Zoning Designations (Primary and Attached Accessory Structures), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the "Maximum Height for Wireless Communication Facilities" and "Maximum Building Coverage" subsections of the Building Standards subsection are hereby amended as shown below. The rest of the table shall remain as currently codified. 4-2-llOA DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) BUILDING STANDARDS Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas) RC, R-1, R-4, R-8, R-10, a«_-R-14i and RM See RMC 4-4-140G, Standards for Specific Types of Wireless Facilities. Amateur radio antennas are allowed a maximum height of six feet (6') RC, R-1, R-4, R-8, R-10, a«_-R-14i and RM without a Conditional Use Permit. Larger structures will have maximum RC, R-1, R-4, R-8, R-10, a«_-R-14i and RM height determined via the Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits, as it exists or may be amended. Maximum Building Coverage (Including primary and accessory buildings. Except Accossory Dwelling Units are not counted toward building coverage) Lots 5 acres or more: 2%. An additional 5% of the total area may be used for agricultural buildings. RC Lots 10,000 sq. ft. to 5 acres: 15%. On lots greater than 1 acre, an additional 5% of the total area may be used for agricultural buildings. 40 ORDINANCE NO. 5675 Lots 10,000 sq. ft. or less: 35%. R-1 20% R-4 and R-8 Lots greater than 5,000 sq. ft.: 35% or 2,500 sq. ft., whichever is greater. Lots 5,000 sq. ft. or less: 50% R-10 and R- 14 n/a RM "U" suffix: 75% "T" suffix: 75% "F" suffix: 35% A maximum coverage of 45% may be obtained through the Hearing Examiner site development plan review process. SECTION VII: Subsection 4-2-llOB, Development Standards For Residential Development (Detached Accessory Buildings), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the "Maximum Number and Size" and "Height" subsections are hereby amended as shown below. The rest of the table shall remain as currently codified. 4-2-llOB DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS)5 MAXIMUM NUMBER AND SIZE General RC, R-1, R-4, R-8, Accessory structures shall only be allowed on lots in conjunction with a R-10, R-14 and primary use. RM The total floor area of all accessory buildings shall not be greater than the floor area of the primary residential uses. The lot coverage of the primary residential structure along with all 41 ORDINANCE NO. 5675 accessory buildings shall not exceed the maximum lot coverage of the Zoning District.17 Accessory Dwelling Unit RC, R-1, R-4, R-8, R-10 and R-14 1 unit per lot of record - 800 sq. ft. or 75% of primary residence, whichever is smaller.16 RM n/a Other Types of Accessory Structures Allowed in Addition to Accessory Dwelling Unit RC and R-1 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. In addition, 1 barn or stable - max. 2,000 sq. ft., provided the lot is 5 acres or more. R-4 and R-8 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. R-10 and R-14 1 structure per residential unit - max. 400 sq. ft.; provided, that they are architecturally consistent with the principal structure. Except greenhouses, sheds, or other similar accessory structures - max. 150 sq.ft. HEIGHT Maximum Building Height except for uses having a "Public Suffix" (P) designation1 RC Accessory building -15 ft. R-1, R-4 and R-8 Accessory building - 15 ft. Accessory dwelling units - 30 ft., except that the accessory unit structure (dwelling space, garage space, etc.) shall not be taller in height than the primary R-1, R-4 and R-8 dwelling. Animal husbandry or agricultural related structures - 30 ft. R-10 and R- 14 Accessory building - 15 ft. Accessory dwelling unit - 30 ft. 42 ORDINANCE NO. 5675 RM 25 ft., except in the RM-U District where the maximum height shall be determined through the site plan review process. Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas) RC, R-1, R-See RMC 4-4-140G, Standards for Specific Types of Wireless Facilities. 4, R-8, R-Freestanding Vertical Monopole Amateur Radio Antennas are allowed a 10, and R-maximum height of fortv-five feet (45') without a Conditional Use Permit. Larger 14, and RM structures will have maximum height determined via the Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits, as it exists or mav be amended. SECTION VIII. Subsection 4-2-115B, Applicability, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPLICABILITY: 1. This Section shall apply to all new dwelling units in the following zones: Resource Conservation (RC), Residential One Dwelling Unit per Acre (R-1), Residential Four Dwelling Units per Acre (R-4), Residential Eight Dwelling Units per Acre (R-8), Residential Ten Dwelling Units per Acre (R-10), and Residential Fourteen Dwelling Units per Acre (R-14). The standards of the Site Design subsection are required at the time of subdivision application. The standards of Residential Design subsection are required at the time of application for building permits. The standards of Residential Design are required for the building for which the building permit is being issued. 2. Additions and/or expansions to detached or attached dwellings that are valued at fifty percent (50%) or greater of the most recent assessment or 43 ORDINANCE NO. 5675 appraisal shall require that the entire dwelling or structure comply with the standards of the Residential Design subsection. 3. 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 IX. The Lot Configuration subsection of subsection 4-2-115F.1, Site Design, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. 1. Site Design: LOT CONFIGURATION: Variety in the configuration of lots enhances the image of variety of housing stock and helps minimize perceptions of monotony. Guidelines: Developments shall create pedestrian oriented environments and amplify the mutual relationship between housing units, roads, open space, and pedestrian amenities, while also protecting the privacy of individuals. Lots shall be configured to encourage variety within the development. Standards: RC, R-1, and R-4 n/a R-8 One of the following is required: 1. Lot width variation of 10 feet (10') minimum of one per four (4) abutting street- fronting lots, or 2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross square feet size difference), or 3. A front yard setback variation of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. 44 ORDINANCE NO. 5675 R-10 and R-14 Developments of more than nino (9) dotachod dwellings four (4) structures shall incorporate a variety of home sizes, lot sizes, and unit clusters. Dwellings shall be arranged to ensure privacy so that side vards abut other side R-10 and R-14 yards (or right-of-way) and do not abut front or back yards. R-10 and R-14 Lots accessed by easements or pipestems shall be prohibited. SECTION X. Subsection 4-2-115F.2, Open Space, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Open Space: OPEN SPACE: Open space is a significant element in the development of livable communities and creates opportunities for good health. Landscaping: R-10 and R-14 See RMC 4-4-070, as it exists or mav be amended. Standards for Parks: R-10 and R-14 For developments that are less than ten (10) net acres: No park is required, but is allowed. For developments that are greater than ten (10) net acres: A minimum of one one- half (.5) acre park, in addition to the common open space requirement, is required. Standards for Common Open Space: R-10 and R-14 Developments of three (3) or fewer dwelling units: No requirement to provide common open space. Developments of four (4) or more units: Required to provide common open space as follows: 1. For each unit in the development, three hundred fifty (350) square feet of common open space shall be provided. 2. Open space shall be designed as a park, common green, pea-patch, pocket park, or pedestrian entry easement in the development and shall include picnic areas, space for small recreational activities, and other activities as appropriate. 45 ORDINANCE NO. 5675 3. Open space shall be located in a highly visible area and be easily accessible to the neighborhood. 4. Open space(s) shall be contiguous to the majority of the dwellings in the development and accessible to all dwellings , serve a minimum of four (4) homes, and shall be at least twenty feet (20') wide. 5. A pedestrian entry easement can be used to meet the access requirements if it has a minimum width of twenty feet (20') with a minimum five feet (5') of sidewalk. 6. Pea-patches shall be at least one thousand (1,000) square feet in size with individual plots that measure ten feet by ten feet (10' x 10'). Additionally, the pea-patch shall include a tool shed and a common area with space for compost bins. Water shall be provided to the pea-patch. Fencing that meets the standards for front yard fencing shall surround the pea-patch with a one foot (1') landscape area on the outside of the fence. This area is to be landscaped with flowers, plants, and/or shrubs. 7. Grass-crete or other pervious surfaces may be used in the common open space for the purpose of meeting the one hundred fifty feet (150') distance requirement for Emergency Vehicle Access but shall not be used for personal vehicle access or to meet off-street parking requirements. 8. Storm ponds may be used to meet the common open space requirement if designed to accommodate a fifty (50) year storm and to be dry ninety percent (90%) of the year. Standards for Private Yards: R-10 and R-14 Developments of three (3) or fewer detached ortownhouso dwelling units: Each individual Jet dwelling shall have a private vard that is at minimum six hundred (600) square feet in size. Backyard patios and reciprocal use easements may be included in the calculation of private yard. Developments of four (4) or more detached ortownhouso dwelling units: Each individual lot ground-related dwelling shall have a private vard that is at least two hundred fifty (250) square feet in size with no dimension less than eight feet (8') in width. An additional two hundred fifty (250) square feet of open space per unit shall be added to the required amount of common open space for each unit that is not R-10 and R-14 ground related. Dovplnnmpnt' nf ittirhpH Hwollinr* imifr*" fnt"hr*r th *^ +rtiiff»U*»»ii«-<-»r-W CAT <-\w/-\ I r-\r-*-,/~, n-»-r- R-10 and R-14 th-it Hn nnt nrnv/irlr nrivitp v/irHf in iHHitinml f\A/n hiinHrorl fift^r* f^^O^ fninr^ fnnt <-\-f R-10 and R-14 ui i at v_j \J i IUL yj i u v IUC yj\ i TO 11™ y CM lira y ari OUUILIUI I d i LVVU I I VJI tut v3tJ 11 my stxcru l Li I LiL. L KJ i nnnn <~mro nor unif rhill hp nrnvirioH Thi<~ nnon <~mrp i1" in nrl'^'"'"'rt" +\*\r\ rr^i~n lii-^rJ R-10 and R-14 space pel ui lit in IUTT ijt_r,,|OT,i_JVlu,cr\x: rillj uptrll apatc la'lTT'ClUUrL'lUrr XL/ Li ILJ 1 UUUII UU •mount of common open space. Common Open Space or Park Substitutions: R-10 46 ORDINANCE NO. 5675 SECTION XI. Subsection 4-3-040B, Applicability - Renton Automall District, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPLICABILITY - RENTON AUTOMALL DISTRICT: 1. Automall Area A: T-hafe Those properties within the areas bounded by Grady Way S. on the north, Rainier Avenue S. (SR-167) on the east, 1-405 on the south, and Seneca Avenue S. on the west^ and T-that area bounded by S.W. Grady Way on the north, Raymond Avenue S.W. on the west, Seneca Avenue S.W. on the east, and the alley midway between S.W. Grady and S.W. 12th Street on the south. 2. Automall Area B: Those properties the majority of which fall within the following described areas: That area along the south side of S.W. Grady defined by the alley between S.W. Grady Way and S.W. 12th Street on the north, Seneca Avenue S.W. on the east, Raymond Avenue S.W. on the west, and 1-405 on the south; That area along the south side of S.W. Grady Way west of Raymond Avenue S. between S.W. Grady Way on the north, Raymond Avenue S. on the east, a north/south line approximately four hundred feet (400') west of Raymond Avenue S.W. on the west, and 1-405 on the south; 47 ORDINANCE NO. 5675 That area along the north side of S.W. Grady Way west of Lind Avenue S. bounded by S.W. Grady Way on the south, Oakesdale Avenue S.W. on the west, S.W. 10th Street and its southwesterly extension on the north, and Lind Avenue S.W. on the east; That area along the north side of S.W. Grady Way between Lind Avenue to the west and Rainier Avenue S. on the east. Beginning at a point approximately four hundred feet (400') north of S.W. Grady Way along the east side of Lind Avenue S.W. on the west, then east for a distance of approximately three hundred twenty_five feet (325'), then south to a point approximately one hundred eighty feet (180') north of S.W. Grady Way, then east from this point parallel to S.W. Grady Way to a point approximately ninety feet (90') west of Rainier Avenue S., then north from this point approximately sixty feet (60'), then west approximately fifty feet (50'), and then north approximately two hundred fifteen feet (215') and then east approximately one hundred sixty feet (160') to Rainier Avenue S. on the east; That area north of South 7th Street and west of Hardie Avenue generally described as the area beginning at the northwest corner of South 7th Street and Hardie Avenue S. and then proceeding west approximately four hundred twenty_ five feet (425'), then north approximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the railroad right-of-way approximately two hundred thirty_five feet (235') to Hardie Avenue and then south along Hardie Avenue to the beginning point; 48 ORDINANCE NO. 5675 That area north of South 7th Street between Hardie Avenue on the west, the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue on the east; That area north of South 7th Street between Rainier Avenue S. on the west, a line approximately one hundred ninety feet (190') north of and parallel to South 7th Street on the north, and Shattuck Avenue S. on the east; The triangular area on the south side of South 7th Street between Hardie Avenue on the west and Rainier Avenue on the east; The larger area north of S. Grady Way between Rainier Avenue on the west and Shattuck Avenue S. on the east between South 7th Street on the north and S. Grady Way on the south; That area north of S. Grady Way between Shattuck Avenue S. on the west, the northern edge of the former railroad right-of-way approximately one hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east; and That aroa along tho south sido of S. Grady Way botwoon SR 167/Roinior Avonuo S. on tho west and o north/south lino approximately ono thousand six hundrod thirty foot (1,630') oast of SR 167 on tho oast, S. Grady Way on the north, and on tho south, wost along S. Ronton Village Placo approximately ono hundrod sovonty five foot (175') to tho 1998 zoning boundary botwoon tho CA Zono and tho CO Zono on tho south; and 49 ORDINANCE NO. 5675 That area along the south side of S. Grady Way east of Talbot Road bounded by Talbot Road on the west, S. Grady Way on the northwest, Renton City Hall on the north/northeast, Benson Road S. on the east/southeast, and the 1-405 right-of-way on the south. Together with those properties and portions thereof zoned Commercial Arterial (CA) within the area between SR-167/Rainier Ave S. on the west, S. Grady Way on the north, Talbot Road S. on the east and 1-405 on the south. SECTION XII. Subsection 4-3-040G, Maps Of Automall Overlay Districts, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown on Attachment B, attached hereto and incorporated by this reference. SECTION XIII. Figure 4-3-050Q.4, Streams and Lakes, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown on Attachment C, attached hereto and incorporated by this reference. SECTION XIV. Section 4-3-070 of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-3-070 (Rosorvod) PIPELINE NOTICE: A. PURPOSE AND APPLICABILITY: 50 ORDINANCE NO. 5675 The requirements in this Section are intended to reduce the likelihood of accidental damage to and from hazardous liquid and gas pipelines. This Section applies to all development within five hundred feet (500") of hazardous liquid or gas pipelines. B. REQUIRED NOTICE ON TITLE: All development within five hundred feet (500') of hazardous liquid or gas pipelines shall, as a condition of approval, be required to place a note on title notifying future owners of the presence of a hazardous liquid or gas pipeline in the vicinity and advising contact with the pipeline owner before any ground disturbance. SECTION XV. Subsection 4-3-100B.l.b.i, District 'D', of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: iv. District 'D': All parts of the City zoned Center Village (CV) or Commercial Arterial (CA) except for those areas included in the Automall District, see RMC 4-3-040, as it exists or may be amended. SECTION XVI. Subsection 4-3-100B.3, Urban Design Districts Map, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. 51 ORDINANCE NO. 5675 SECTION XVII. Subsection 4-4-080B.l.b, Outside the Center Downtown Zone, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Outside the Center Downtown 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 change of all or a portion of a building/structure or land use to a use requiring more parking than the previous use, as specified in subsection F10 of this Section, except when located in a shopping center. 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) ORDINANCE NO. 5675 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 XVIII. Subsection 4-4-080B.5.b, Requirements Prior to Occupancy Permit, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Requirements Prior to Occupancy Permit: The premises shall not be occupied until the parking lot is paved, marked, landscaped and lighted (if the lot is to be illuminated) and an occupancy permit has been issued, unless a deferment has been granted. For developments in the R-10 and R-14 zones that include existing dwelling units in the Site Plan, the parking area for any existing units shall be paved, marked, landscaped and lighted (if the lot is to be illuminated), prior to the issuance of an occupancy permit for any of the newly constructed dwelling units. SECTION XIX. Subsection 4-4-100E.4.a, Churches, Apartments and Subdivisions, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. Churches, Apartments^ ar+d Subdivisions, and Existing Legally Established Nonconforming Businesses within Residential Zones: 53 ORDINANCE NO. 5675 Churches, apartment buildings, subdivision developments, existing legally established nonconforming businesses within residential zones and similar occupancies located in residential and mixed-use zones may have two (2) on-premises identifying signs of not over thirty_two (32) square feet in area on one (1) face. The signs may be illuminated but not animated, shall be for location identification only and shall display no copy, symbol or device other than that in keeping with the development. Freestanding signs shall be not higher than six feet (6') above any established grade and shall be no closer than ten feet (10') to any street right-of-way or five feet (5') to any side property line. SECTION XX. Subsection 4-4-100G.1, Applicability, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Applicability: The regulations of this Section apply in addition to the regulations listed in subsection E5 of this Section, Additional Signs Permitted in Commercial and Industrial Zones within Urban Design Districts 'C and V as defined in RMC 4-3-100B.l.b, subsections iii and iv, respectively, as they exist or may be amended, to those areas of tho City dopictod in subsoction G3 of this Section, Map of Urban Design Sign Regulation Area. SECTION XXI. Subsection 4-4-100G.3, Map of Urban Design Sign Regulation Area, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of 54 ORDINANCE NO. 5675 Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION XXII. Subsection 4-4-100H.3, Map of City Center Sign Regulation Boundaries, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the title is changed to "Map of City Center Sign Regulation Area", and as depicted on Attachment D, attached hereto and incorporated by this reference. SECTION XXIII. Subsection 4-4-140B, Goals, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. GOALS: Tho goals ofthisSoction aro to: 1. FOR COMMERCIAL WIRELESS FACILITIES: 4a. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; 2-b. Encourage strongly the joint use of new and existing tower sites; 3c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 4d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 55 ORDINANCE NO. 5675 5e. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. 2. FOR AMATEUR RADIO ANTENNAS: The goals of this Section are to ensure the interests of neighboring property owners are considered while reasonably accommodating amateur radio communications so as to comply with applicable Federal law. These regulations are not intended to preclude amateur radio communications. SECTION XXIV. Subsection 4-4-140C, Exemption For Amateur Radio, Receive Only Antennas, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. EXEMPTION FOR AMATEUR RADIO, RECEIVE ONLY ANTENNAS: This Soction shall not govern any towor, or installation of any antenna, that is undor sovonty (70) foot in hoight and is owned and operated by a federally liconsod amateur radio station oporator or is usod oxclusivoly for recoivo only antennas This Section does not apply to building-mounted amateur radio antennas that are six feet (6') or less in height or freestanding vertical monopole amateur antennas that are forty-five feet (45') or less in height. SECTION XXV. Subsection 4-4-140E, Compliance With Telecommunications Act of 1996, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development 56 ORDINANCE NO. 5675 Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. COMPLIANCE WITH TELECOMMUNICATIONS ACT OF 1996 REQUIRED FOR COMMERCIAL APPLICANTS: The Federal Telecommunications Act of 1996 requires the City to comply with the following conditions: 1. The City zoning requirements may not unreasonably discriminate among wireless telecommunication providers that compete against one another. 2. The City zoning requirements may not prohibit or have the effect of prohibiting the provision of wireless telecommunications service. 3. The City must act within a reasonable period of time on requests for permission to place or construct wireless telecommunications facilities. 4. A decision by the City denying a request for permission to install or construct wireless telecommunications facilities must be in writing and must be based on evidence in a written record. 5. If a wireless telecommunications facility meets technical emissions standards set by the FCC, it is presumed safe. The City may not deny a request to construct a facility on grounds that its radio frequency emissions would be harmful to the environment or the health of residents if those emissions meet FCC standards. SECTION XXVI. Subsection 4-4-140F.5, Lighting, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 57 ORDINANCE NO. 5675 "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Lighting: Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site. SECTION XXVII. Subsection 4-4-140F.7, Building Standards, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Building Standards: Wireless communication support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F- G Standard entitled: "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the support structure's design meets or exceeds those standards. 58 ORDINANCE NO. 5675 SECTION XXVIII. Subsection 4-4-140F.8, Radio Frequency Standards, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8. Radio Frequency Standards: The applicant shall ensure that the wireless communication facility (WCF) will not cause localized interference with the reception of area television or radio broadcasts. If on review the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify th4s a building and/or conditional use permit. SECTION XXIX. Subsection 4-4-140F.9, Special Requirements for Equipment Shelters/Cabinets within the Public Right-of-Way, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9. Special Requirements for Equipment Shelters/Cabinets within the Public Right-of-Way: All equipment and cabinets within a public right-of-way are subject to the approval to the Development Services Division and shall be as small and unobtrusive as is practicable. SECTION XXX. Subsection 4-4-140G, Standards For Specific Types Of Wireless Facilities, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, 59 ORDINANCE NO. 5675 Washington", is hereby amended so the first paragraph is revised as shown below. The table contained in this subsection shall remain as currently codified. G. STANDARDS FOR SPECIFIC TYPES OF WIRELESS FACILITIES: For definitions of specific types of wireless communication facilities, see RMC 4-11-230, as it exists or may be amended. Development standards for specific types of wireless communication facilities, except for non-exempt Amateur Radio Antennas which will have height and other applicable standards determined through the Conditional Use Permit process, shall be as follows: SECTION XXXI. Subsection 4-4-1401, Obsolescence, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. OBSOLESCENCE AND REMOVAL: Any wireless communications facility or attached wireless communications facility that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the Administrator. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair, and the site restored to its pre-existing condition. The Administrator may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner. 60 ORDINANCE NO. 5675 SECTION XXXII. Subsection 4-4-140J, Collocation Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: J. COLLOCATION REQUIRED: 1. Evaluation of Existing Commercial Support Structures: No new wireless communications support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that an existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 61 ORDINANCE NO. 5675 e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 2. Cooperation of Commercial Applicants in Collocation Efforts: A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings provided said proposed collocators have received a building permit for such use at said site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of either or both the applicant and permittee. 3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal. 62 ORDINANCE NO. 5675 SECTION XXXIII. Subsection 4-4-140K, Permit Limitations, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: K. PERMIT LIMITATIONS: 1. Maintenance Required: The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option. 2. Compliance with Federal Standards for Radio Frequency Emissions Required for Commercial Applicants: The applicant shall comply with Federal (FCC) standards for radio frequency emissions. Within sixty (60) calendar days after the issuance of its building permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established Federal standards. Said report shall be subject to review and approval of the Administrator for consistency with Federal standards. If on review, the City finds that the WCF does not meet Federal standards, the City may revoke or modify this permit. 63 ORDINANCE NO. 5675 3. Notice to City of Change of Ownership Operation of Facility: The applicant shall notify the Department of all changes in ownorship or operation of the facility within sixty (60) calendar days of the change. SECTION XXXIV. The "Street & Pedestrian Lighting" row of subsection 4-6-060F.2, Minimum Design Standards Table For Public Streets And Alleys, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. Street & Pedestrian Lighting Architectural street and pedestrian lighting standards will bo established on a case by caso basis for streets. Stroot lights obovo the roadway aro required at each corner of a stroot intersection only. Podostrian scalo lighting is roquirod botwoon stroot intorsoctions and at oach corner of an intersection- Street lighting required per RMC 4-6-0601, as it exists or may be amended. N/A SECTION XXXV. Subsection 4-6-0601, Street And Pedestrian Lighting Standards, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. STREET AND PEDESTRIAN LIGHTING STANDARDS: 1. Lighting Design: Architectural street lighting standards will be established on a case-by-case basis for streets. 2. Lighting Location: Street—lighting—is—ewfy—roquirod—at—stroot intorsoctions, where oach cornor of tho intorsoction shall havo a stroot light. 64 ORDINANCE NO. 5675 Pedestrian lighting for sidewalks and pathways shall be installed between intersections along streets and at intersection corners for residential streets. All other streets shall meet the lighting levels listed in 4-6-0601.3, as it exists or may be amended. 3. Average Maintained Illumination: The street lighting shall be constructed to provide average maintained horizontal illumination as illustrated below. The lighting levels shall be governed by roadway classification and area zoning classification. Residential streets shall have minimum light levels of 0.8 foot-candle within the intersections and 0.3 foot-candle along the sidewalks at a four to one (6:1) uniformity ratio. Values are in horizontal foot-candles at the pavement surface when the light source is at its lowest level. Commercial-Industrial Non- Intersection Uniformity Intersection Industrial Non- Intersection Crosswalk Uniformity Principal Arterial iO__ iO-1.3 iO0.8 Minor Arterial 1.45 1.2 0.68 4_1 Collector Arterial 1.2 0.9 0.68 4jl Commercial Access Street 0.9 0.6 0.2-8 6jl 4. Uniformity Ratios: Uniformity ratios for the street lighting shall meet or exceed four to one (4:1) for light levels of more than 0.6 foot-candles or moro and six to one (6:1) for light levels loss than of 0.6 foot-candles and less. 65 ORDINANCE NO. 5675 5. Construction Standards: Street lighting systems shall be designed and constructed in accordance with the City publication, "Guidelines and Standards for Street Lighting Design of Residential and Arterial Streets." SECTION XXXVI. Subsection 4-6-070B.9, Vested, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION XXXVII. Section 4-6-090, Utility Lines - Underground Installation, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-6-090 UTILITY LINES - UNDERGROUND INSTALLATION: A. PURPOSE: It is especially found and determined by tho City that tho health, safety, especially the safoty of the traveling public, and gonoral welfare of tho residents of tho community roquiro that all such existing ovorhoad facilities bo relocated underground as soon as practicablo in accordance with tho requirements spocifiod heroin and that all new facilitios specified heroin bo installed underground. The purpose of this Chapter, among others, is these provisions is to ensure the health, safety, and welfare of the residents of the community and to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City. 66 ORDINANCE NO. 5675 B. ADMINISTERING AND ENFORCING AUTHORITY: The Community and Economic Development Administrator is responsible for the general administration and coordination of this Section. SC. APPLICABILITY: It shall bo and it is hereby made the policy of the City to roquiro complianco with tho following orderly program pertaining to the undorground rolocation of all existing overhead wires carrying any oloctrical energy, including, but not limitod to,, tolophono, telegraph, cable television and oloctrical power, and to roquiro tho undorground installation of all now oloctrical communication facilitios, subject to cortain oxcoptions noted hereafter. Subject to tho oxcoptod facilitios listed in subsection C of this Section, this Chopter shall apply to all oloctric facilitios and to all communication facilitios, including but not limited to tolophono, telegraph and cable tolovision facilities All new electrical or communication facilities shall be required to be installed underground, pursuant to the standards of this Section. GD. EXEMPTIONS: 1. This Chapter shall not apply to tho following facilitios The following are exemptions to the requirements of this Section: a. Electric utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way whoro sito screening is or will bo providod in accordance with subsection H7b of this Section. 67 ORDINANCE NO. 5675 b. Electric transmission systems of a voltage ©f fifty_five (55) kv or more7 (including poles and wires) and equivalent communication facilities where the utility provider providing electrical energy is willing to provides at its expense an underground street lighting circuit (including all conductor and conduit) to a point on the poles at least forty feet (40') above ground levol to serve utility provider owned street lighting fixtures to be mounted on the poles at said location. c. Ornamental street lighting standards. d. Telephone pedestals and other equivalent communication facilities. e. Police and fire sirens, or any similar municipal equipment, including traffic-control equipment. f. Replacement of overhead facilities for a distance of three (3) or more spans (four (4) poles) or five hundred feet (500') exclusive of replacements due to casualty damage. fg. When—undorgrounding—is—roquirod—doe—te—e—Extensions, duplications, relocations or rebuilds to existing overhead electrical and communication facilities under the following conditions: i. When there are but tho polos to bo romovod following undorgrounding would not bo romovod bocauso of continuing requirements for su-eh poles, such as services to residences of King County when those residences are not required to be undergrounded. However, if there is a reasonable 68 ORDINANCE NO. 5675 likelihood that undergrounding would occur in the foreseeable future, conduit for underground crossings should be installed whenever feasible as part of any ongoing street construction, reconstruction or overlayment project. g. Whon: *—undorgrounding is roquirod due to extensions, duplications, relocations or rebuilds to existing ovorhoad electrical and communication facilitios and ii. When there are existing overhead electrical or communication facilities that will not be removed (such as high tension wires)7 and »-the electrical and communication facilities to be removed by undergrounding are parallel the to facilities that will not be removed., and •"—aro on tho same stroot right of way or aro immodiatoly •djocont thoroto, oithor on tho samo side of tho right of way or on tho opposite sido of tho right of way, then the owners of tho property that would bo required te-undorground undor subsoction E3 of this Section will bo givon tho option to request such undorgrounding and if tho majority of thorn ogrco, thon tho undorgrounding shall occur. D. DEFINITIONS OF TERMS USED IN THIS SECTION: Tho following forms whon usod in this Section shall have tho meanings given bolow: 1. Rebuilds: A roplacomont of ovorhoad facilitios for a distance of throo (3) or moro spans (four (4) polos) or fivo hundrod foot (500') exclusive of roplacoments duo to casualty damage. 69 ORDINANCE NO. 5675 2. Services: Facilitios located on private property and/or for the specific purpose of servicing ono customer. 3. Relocations:—Removal—ef-—existing—facilities—with—subsequent reinstallation at an adjacont location, gonerolly nocossitated by roadway widening projects, shall constitute a relocation. E. UNDERGROUND SERVICE REQUIRED: 1. Whon Required: a. Now Services: All now olcctric or communication services from an ovorhoad or undorground facility to sorvico connoctions of structures shall bo wsfcafled undorground from and after the offoctivo dato of this Section (9 23 1968). b. Service—Extensions—an4—Rebuilds:—AH—oxtension,—rebuilds, relocations, or duplications of existing ovorhood oloctric and communication facilities shall bo installed undor ground from ond oftor tho offoctivo doto of this Section (9 23 1968). All rebuilt or relocated oloctric or communicotion sorvicos from on ovorhood or undorground facility to sorvico connoctions of structures shall bo installed undor ground from ond after tho offoctivo dote of this Section (9 23 1968), oxcopt: 1) thoso sorvicos which only involve a change in tho ovorhoad service lino without o change in tho corresponding sorvico entrance facilitios, ond 2) sorvicos feeding ovorhood to existing singlo family rosidoncos may bo rebuilt or enlarged. 70 ORDINANCE NO. 5675 c. Upon Dodication of Right-of-Way or Easement: All rights of way proposed to bo dodicatod to the City and/or oosomonts for public facilitios shall bo subjoct to tho provisions of this Chaptor. 2. Timo Allowed to Convert Existing Above-Ground Facilitios: a. Business Centers and Industrial Areas: Tho following roquiromonts apply to all aroas of tho City which aro outlined on tho map roferrod to horoin. i. Fiftoon (15) Years for Conversion: All existing overhead oloctric aftd communication facilities, with the oxcoptions previously noted in subsoction €-of this Section, shall bo converted to undorground facilitios within fiftoon (15) years from tho offoctivo date of this Chapter, subject to a ton (10) yoar oxtonsion by the City whoroby in tho City's judgment, their financial situation prohibits tho City from participating to the degroo implied by tho provisions of this Chapter. ii. Special Requirements for Rozoned Areas: All aroas rozonod for commorcial or industrial uso after tho offoctivo date of this Chaptor shall bo convortod to undorground in the same mannor as provided horoin for existing facilitios within fifteen (15) years from tho offoctivo date of such rozoning, subject to a ton (10) yoar oxtonsion by tho City; providod, that tho Public Works Administrator or his/hor designee olocts to add such rozonod aroas to thoso outlined on tho map as designated in subsoction E2o of this Section. b. Retail Business and Public Facilities: The following roquiromonts apply to all areas not included in subsoction E2a of this Section and zoned by tho Zoning map of tho City as retail business and public facilities. 71 ORDINANCE NO. 5675 The—undorground—requirements—respecting—a4J—electric—or communication facilitios in those aroas shall conform to tho requirements of tho immediately surrounding aroas as doterminod by tho zoning classifications; providod, that whore tho surrounding areas havo varying roquiromonts in accordanco with tho provisions of this Section, tho undorground roquiromonts shall bo those applicable to tho predominantly surrounding area. i. Convorsion to Underground Sorvico Required Whon Property Abuts Underground Project: Tho owner or owners of real property abutting an ufrder-ground project shall bo responsible, at his or thoir expense, for converting to-such undorground sorvico within ninety (90) days after tho dato of the mailing of tho notico as horoinbolow sot forth. Timo in consummating such connection and disconnection of ovorhoad sorvico is of tho essence and such notico to tho property ownor or occupant of tho offcctod promisos may bo mailed, postage prepaid, or doliverod in person. All of such convorsion of oloctric and communication facilitios to underground facilitios may bo undortakon by local improvement district or as othorwiso pormittod by law and as further authorized by RCW 35.96.030 through 35.96.040. a. City Notico Will Stipulate Time to Disconnect Above-Ground Sorvico: Whon sorvico from tho undorground oloctric and communication facilities is available in all or part of a convorsion area, tho City shall mail a notico to the owners of all structures of improvomonts served from tho existing ovorhoad facilitios in tho aroa, which notice shall state that: 72 ORDINANCE NO. 5675 i. Sorvico from tho underground facilitios is available; and ii. All oloctric and communication sorvico linos from tho existing ovorhoad facilitios within the aroa to any structure or improvomont must bo disconnected and removed within ninety (90) days after tho dato of the mailing of the notico. b. Service Disconnection Duo to Failure to Convert: Should such owner fail to convert such sorvico linos from ovorhoad to undorground within ninety (90) days aftor tho dato of tho mailing of the notico, tho City will ordor tho electric and communication utilities to disconnect and romovo tho sorvico lines. If the owner of any structure or improvomont served from tho existing ovorhoad electric and communication facilitios within a convorsion aroa shall fail to convert to undorground tho sorvico linos from such ovorhoad facilitios to such structure or improvomont within ninety (90) days aftor the mailing to him of tho notico, tho City shall ordor the oloctric and communication utilities to disconnoct and romovo all such service linos; provided, that if tho owner has filod his written objections to such disconnection and removal with tho City Clork within thirty (30) days aftor tho mailing of tho notico then tho City shall not ordor such disconnoction and removal until aftor tho hoaring on such objections. c. Timing—for—Objections:—Should—the—owner—objoct—to—the disconnoction and removal of tho sorvice lines ho may file his writton objections thoroto with tho City Clork within thirty (30) days after tho dato of tho mailing of 73 ORDINANCE NO. 5675 tho notice and failure to so object within such timo will constitute a waiver of his right thoroaftor to object to such disconnoction and removal. d. Hearing by Council: Upon the timely filing by the ownor of objections to tho disconnection and removal of tho service linos, tho legislative authority of such City, or a committee thoroof, shall conduct a hoaring to dotormino whether the romoval of all or any part of tho sorvico linos is in tho public benefit. e. Timing of and Authority for Hearing: Tho hoaring shall bo hold at such timo as tho legislative authority of such City may establish for hearings on the objections and shall be held in accordance with the regularly ostablishod procedure sot by tho legislative authority of tho City. If tho hoaring is before a committee,—the—committoo—skatt-,—following tho—hoaring,—report—its recommendation to tho legislative authority of the City for final action., f. Council Decision Final: Tho determination reached by tho legislative authority shall bo final in tho absence of an abuse of discretion. g. General Provisions Applicable: Unless othorwiso provided for in chaptor 35.96 RCW et soq., all tho general provisions relating to local improvomonts of cities and towns shall likewise apply to local improvomonts for the conversion of ovorhoad oloctric and communication facilitios to undorground facilities. F. RESPONSIBILITY FOR CONVERSION-AND/OR INSTALLATION COST: 74 ORDINANCE NO. 5675 1. Conversion: The cost and expense of converting existing ovorhoad facilitios to underground, or installing now facilities underground, shall bo borno by the serving utilities, or tho owners or occupants of tho real property sorvod, or persons applying for such undorground sorvico. Howovor, whonovor tho City dotorminos that tho public health, wolfaro, convenience and podostrian and vohicular traffic safety in any stroot or road widening or rolocation projoct roquiros convorsion of existing ovorhoad facilitios to an undorground installation, •thon in any such ovont, tho utility or utilities affoctod shall provide such work at its own cost and oxponso. This requirement shall apply to all major or arterial streets or roadways carrying an average of fivo thousand (5,000) vohiclos or more por day and shall bo limited to two (2) milos of such street or roadway por annum. (Ord. 3951, 10 21 1985) 2. Installation: Whonovor an oloctrical communication facility, including but not limitod to oloctrical power, tolophono, telegraph and cable TV, is roquirod to bo placed undor ground according to tho torms of this Section, thon that utility shall boar tho cost of such undorgrounding, including tho conduit, cablo, vaults and a proportionate share of tho trenching or othor preparatory work or necessary work of restoration. GE. PERMITS, PLANS AND FEES: 1. Undorground Permit Required Prior to Work in Public Easomonts or Right-of-Way: An underground pormit shall be acquired by tho serving utility from tho Public Works Deportment prior to tho procooding with construction of 75 ORDINANCE NO. 5675 facilities in tho public right of-way, easements for public facilities, and/or public property Permit Required: All new or replaced electrical or communication facilities shall require a permit from the City of Renton prior to construction. A2. Fees Required: Tho foo shall bo as spocifiod in RMC 4 1-180D5 Fees shall be set forth in the City's Fee Schedule published and on file with the City Clerk. 2. Overhead Permit Roquirod: Whoro above grade polo lino installations aro permitted- undor tho variance procoduros of subsoction I of this Section, a pormit shall bo acquired by the serving utility from tho Department prior to procooding with construction of such facilitios in tho public right-of way and/or public property. a. Fees: Tho foo shall bo as spocifiod in RMC 4 1 180C4. 3. Permits Not Required for Ovorhoad Pole Lines: Chaptor 9 10 RMC, Stroot Excavations, is horoby amended to exclude overhead polo linos for which jurisdiction shall honcoforth be placed undor tho Dopartmont and for which tho permit provisions of subsoction G2 of this Section shall apply. 4. Additional Inspection Fees: Tho terms of tho abovo permits croato a liability on tho serving utility for oxcoss inspection foos as providod for in RMC 4 1-180B and/or any amondmonts thereto. 5. Dovolopment Sorvicos Division Review of Screening and Setbacks Required Prior to Issuance of Service Permit: Plans for all abovo ground installations, including thoso excepted undor subsoction CI of this Soction, shall 76 ORDINANCE NO. 5675 bo submitted to tho Dovolopmont Sorvicos Division for approval of site screening and setbacks prior to tho issuance of a service pormit by tho Dovolopmont Sorvicos Division. 63. As-Built Plans Required for Underground Projects: As-built, project drawings in a form and scale conforming to generally accepted engineering practice shall be submitted in duplicate to the Development Services Division of the Department of Community and Economic Development Dopartmont within thirty (30) calendar days of the completion of any underground project within the City. 7. Annual Submittal by Utilities of As-Built Drawings of Underground Facilities Roquirod: In addition, oach utility shall submit in duplicato as built drawings of all of its undorground facilities within the City on an annual basis, commencing on January 1, following tho offoctivo dato of this Section, providod that if said drawings aro not available at tho timo of tho offoctivo dato of this Section (9 23 1968), oach utility shall bo givon a reasonable timo to proparo such drawings. HF. DESIGN STANDARDS: 1. Standards Applicable: All conductors, switches, transformers, and regulating devices shall be installed in accordance with the applicable national, State, and local safety standards. All structural devices shall be designed in accordance with the provisions of the latest edition of the International Building Code, subject to the provisions of the immediately following subsection. 77 ORDINANCE NO. 5675 2. Coordination with Other Facilities Required: All underground facilities provided for horoin shall be installed in such manner as to coordinate with other underground facilities, i.e., water, sewer and gas pipelines, traffic control and other signal systems. Whenever- sueb coordination requires installation practices that are more restrictive or demanding than the minimum standards required by applicable national, State and local codes and safety standards, the requirements of sueh coordination shall be governing and controlling. 3. Street Lighting: Stroot lighting facilitios or systoms conforming to tho ewrent-standards of tho City Traffic Engineer shall bo installed as an integral part of all undorgrounding projects. A3. Wheel Load Requirements - Minimum: All vaults, handholes, ventilation gratings, a«4 access covers and conduit in public rights-of-way shall be strong enough to withstand a minimum ten thousand (10,000) pound wheel load. Tho serving utility moy, at thoir option, oloct to restrict a ton thousand (10,000) pound This wheel load requirement may be restricted to traveled street areas, provided the utility provider while assuming tho assumes responsibility for upgrading facilities beyond the original traveled street areas should if subsequent widening occurs. 54. Grading of Streets: Streets shall be graded to subgrade prior to the installation of underground facilities. 78 ORDINANCE NO. 5675 65. Joint Trenches: The utilization of a single trench (a joint or common trench) by all utility providers and/or franchise holders is authorized and encouraged. a. Joint—Trenches Authorized and Encouraged: Ifi the undorgrounding of facilitios, as contemplated by this Chaptor, it is tho City's intent to authorizo tho establishment of joint or common trenches; that is, the utilization of a single tronch whoro feasible by all utilities and/or franchise holders involvod in tho rolocation of overhead facilities. ba. Delay of Permit Issuance to Allow Notice to Othor Utilities: Upon application for an undorground pormit, tho Dovolopmont Sorvicos Division ef tho Community and Economic Dovolopmont Dopartmont shall dotormino what utilitios and franchise holders shall uso tho proposed tronch and tho issuance dato of tho applicable undorground permit. If at the time of application for an underground permit it does not appear that all utilitvies providers involved in the undergrounding project have made appropriate arrangements for the uso of common trenches, the rosponsiblo official Administrator may delay the issuance of sueh the permit until all utilitytes providers involved in sueh the relocation shall have been given the opportunity to bo hoard upon two (2) weeks' notico provided satisfactory justification to the Administrator for not utilizing the common trench. €_. Provision for Joint Services Across Public Right-of-Way Required: Where new structures require underground services that extendmg- into or 79 ORDINANCE NO. 5675 across the public right-of-way to existing overhead distribution systems fer- conncction, it shall be tho responsibility of the property owner, owner's agent or other persons applying for sueh underground services from an oloctrical or communication utility (power, tolophono and TV cable) to shall provide adequate provisions and capacity for joint service usage in a trench with conduit or other required facilities for present and future service extensions to the structure. 4c. Responsibility for Notice: The principal utility to initiate the street crossing by owners, owners' agent or other persons' request shall notify the remaining electrical or communication utility when the common trench is available. o. Development Sorvicos Responsibility: When arrangements do not appear to involve all tho abovo mentioned utilities in a joint tronch, tho Dovolopmont Sorvicos Division of tho Community and Economic Dovolopmont Dopartmont shall notify tho utilities and property owner or owner's agont to provide appropriato arrangements. f. Delay of Pormit Issuance to Allow Notice to Other Utilities: Tho issuance of a pormit may bo delayed until all utilities involved in a stroot crossing for undorground sorvico connection to a structure have boon givon tho opportunity to bo hoard upon two (2) wooks' notico. ?6. Standards for Above-Ground Installations: Any equipment oxceptod from those undorground roquiromonts exempted in subsection D of this Section, 80 ORDINANCE NO. 5675 or otherwise permitted to be installed above-ground shall comply with tho a. Be placed within an enclosure or part of the building being served, or b. Be suitably screened with masonryi or othor decorative panelSi and/or evergreen trees, shrubs, and landscaping planted in sufficient dopth and hetghtr to form an effective sight barrier within a period of five (5) years, to form an offee&ve— sight barrier. The utility provider shall be responsible for the installation, maintenance, repair, or replacement of the aforementioned screening materials when the real property on which the above-ground facility is located is on real property owned by the utility provider. When said an above- ground facility is located on non-utility owned real property, the owner(s) shall bear the expense of installation maintenance, repair or replacement of screening materials outlined horoinabovo. c. Have Be constructed with space frames and structural arrangements for holding equipment that is designed to have an uncluttered and neat appearance. ©7. Required Positioning of Conductors Standards for Above-Grade Pole Line Installations: Whoro Jf_above-grade pole line installations are permitted under the variance procedures outlined in subsoction I of this Section, conductors shall be placed in vertical alignment or any other approved alignment 81 ORDINANCE NO. 5675 as—subsequently designated by the City Traffic—Engineer Public Works Administrator or designee. *G. VARIANCE PROCEDURES: 1. Authority and Discretion: All applications for variances from tho foregoing—undorground—requirements shall fifsfe be filed with the Planning/Building/Public—Works Community and Economic Development Administrator or his/hor designee. The Administrator shall promulgoto has the authority to determine the rules and regulations governing application for, hearings pertaining to, and the granting of variances from the forogoing underground requirements. The granting of a variance is at the discretion of the Administrator. 2. Review Criteria: Underground requirements shall may be waived by a variance only if the utility owner^ or- user,, or any other affected party can demonstrate that it would work an undue hardship to place tho in the placement of facilities concornod underground. By an undue hardship is moont The criteria to determine if there is an undue hardship are: a. There is a technological difficulty associated with the particular facility, or with the particular real property involved, or b. a The cost of undergrounding such a facility which, in tho discretion of tho Planning/Building/Public Works Administrator or his/hor dosignoo, is deemed by the Administrator to outweigh the general welfare consideration implicit in underground installation, or 82 ORDINANCE NO. 5675 c. The an area where tho growth pattern of the area has not been sufficiently established to permit tho dotormination of determine the ultimate service requirements or major service routes. H. APPEALS: Any decisions made in the administrative process described in this Section may be appealed pursuant to RMC 4-8-110, as it exists or may be amended. I. VIOLATIONS OF THIS SECTION AND PENALTIES: Unless otherwise specified, violations of this Section are Code Violations subject to RMC 1-3-2, as it exists or may be amended. SECTION XXXVIII. Subsection 4-7-230N, Binding Effect, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: N. BINDING EFFECT: 1. Vesting: Upon filing of a comploto application for a binding site plon, the explication shall bo considered undor the binding sito plan ordinance, tho zoning, and othor dovolopmont regulations in offoct on the dato of application for tho land usos and development idontifiod in tho binding sito plan application or idontifiod in a comploto site plan roviow application filed in conjunction with or procossod concurrently with a binding sito plan application. 21. Legal Lots: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. 83 ORDINANCE NO. 5675 32. Enforceable: Approved binding site plans shall be enforceable by the City. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the binding site plan. The binding site plan shall include a provision requiring that any subsequent development of the site shall be in conformance with the approved binding site plan. A sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval, shall be considered a violation of this Section, shall be a nuisance and may be subject to an injunction action in Superior Court or such other remedies provided by €4ty the Renton Municipal Code. SECTION XXXIX. Subsection 4-8-060B, Vesting of Application, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. VESTING OF APPLICATION: is a legal doctrine whereby a valid and fully comploto building application for a projoct that is pormittod undor tho zoning or othor land uso control ordinancos in offoct on tho dato of tho application shall bo considered undor tho building permit, zoning, or othor land uso controls in offoct on tho dato of such valid and fully comploto building application. 84 ORDINANCE NO. 5675 1. Supplemental information roquirod after acceptance shall not affect tho validity of tho vesting for such application. 2. Revisions requested by an applicant to a vested, but not yot approved, application shall bo doomed a now application whon such revisions would rosult in a substantial chango in tho basic sito design plan, intensity, density, and tho liko, involving a change of ton percent (10%) or moro in aroa or scale. Vosting for tho now application shall occur upon tho dato of submission of a valid and fully eomploto building application for tho changed projoct See RMC 4-1-045, Vesting, as it exists or may be amended. SECTION XL Subsection 4-8-060D, Complete Application, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. Subsections 4-8-060E through 4-8-060H shall be re-lettered accordingly. SECTION XLI. Subsection 4-8-100F, Public Hearing, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. PUBLIC HEARING: 1. Hearing by Hearing Examiner Required: Before rendering a decision or recommendation on any application for which a public hearing is required, the Hearing Examiner shall hold at least one (1) public hearing thereon. 2. Constitutes Hearing by Council: On applications requiring approval by the City Council, the public hearing before the Hearing Examiner, if required, 85 ORDINANCE NO. 5675 shall constitute the hearing by the City Council. The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this Chapter subject to confirmation by the City Council, and to administer oaths and preserve order. 3. Hearing Rules: Tho Examinor shall have tho powor to prescribe rules and rogulations for tho conduct of hearings undor this Chaptor subject to confirmation by the City Council, and to administer oaths and preserve order. a. Scope of Rules: These rules apply to all hearings that are required by the Renton Municipal Code to be held before the Hearing Examiner and shall serve as guidance when the Hearing Examiner is given the duty to conduct hearings on other subjects. The criteria for consideration of land use decisions are found in Chapter 9 of Title IV of the Renton Municipal Code. b. Organization Representative Required: When a group of people, organization, corporation, or other entity, participates in a hearing, one (1) person is to be designated to be its representative and inform the Hearing Examiner in writing of the name, address and telephone number of that designated representative. The rights of such participant shall be exercised by the person designated as the representative. Except as otherwise provided in these rules, notice or other communication to the representative is considered to be notice or communication to the organization. c. Powers of Hearing Examiner: The Hearing Examiner shall preside over the hearing. The Hearing Examiner shall have all of the authority and duties 86 ORDINANCE NO. 5675 granted to the Hearing Examiner in state statutes, the City code, and other City ordinances. Included in the duties of the Hearing Examiner are the following: to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of proceedings, and to maintain order. The Hearing Examiner has all powers necessary to that end, including the following: i. To administer oaths and affirmations; ii. To rule upon offers of proof and receive evidence; iii. To regulate the course of the hearings and the conduct of the parties and their agents; iv. To consolidate matters under consideration for hearing whenever the interests of justice and efficiency will be served or as required by the City code; v. To question any participant at the hearing; vi. To hold conferences for settlement, simplification of the issues, or any other proper purpose; vii. To require briefing on legal issues; viii. To consider and rule upon all procedural and other motions appropriate to the proceedings; and ix. To make and file decisions and recommendations. d. Conflict with State Law or Procedural Due Process: These rules of procedure are adopted to supplement the requirements of the Renton Municipal Code, state law and procedural due process. In the event that there are any 87 ORDINANCE NO. 5675 conflicts between these rules and the provisions of the Renton Municipal Code, state law or procedural due process, the provisions of the Renton Municipal Code or procedural due process shall prevail. e. Nature of Proceedings: i. Frequency: Hearings before the Hearing Examiner shall be held at the time and place specified in the notice of hearing. Each matter shall be noted to commence at a particular time. Once commenced, a hearing may be continued by the Hearing Examiner for good cause. ii. Format: The format for a hearing will be of an informal nature yet designed in such a way that the evidence and facts relevant to a particular proceeding will be easily ascertainable by a reviewing body. The format will allow development of a record consistent with these rules. iii. Site Visit: Site visits may be helpful in understanding evidence that has been or might be presented at a hearing. When deemed necessary by the Hearing Examiner, the Hearing Examiner may inspect the site before or after a hearing. If the Hearing Examiner intends to conduct a post-hearing inspection, he or she shall ensure that the parties have an opportunity to be heard concerning to the visit. iv. Record of Hearing: Hearings shall be electronically recorded and such recordings shall be a part of the official case record. No minutes of the hearing will be required, except that the list of witnesses testifying and exhibits offered and/or entered shall be maintained throughout the proceedings. 88 ORDINANCE NO. 5675 Written transcripts of recorded proceedings are the responsibility of the person desiring the transcript at his or her own cost. Any transcript must be provided to the City Clerk and the Renton City Attorney at no cost. v. Computation of Time: In the computation of any period of time prescribed or allowed in any manner by the Hearing Examiner or Renton Municipal Code, the day from which the time period begins to run shall not be included. When the last day of the period so computed is a Saturday, Sunday or a City-recognized holiday, the period shall run until the end of the next following business day. vi. Filing and Service: (a) Filing occurs when documents are submitted to the Hearing Examiner Clerk at the Renton City Clerk's Office. Documents may be submitted by mail, personal delivery, fax, or e-mail. Filing is complete upon receipt, except that filing by e-mail and fax must be confirmed during regular business hours. Courtesy copies may be sent directly to the Hearing Examiner- Service by mail will be deemed complete if postmarked two (2) days before the due date. (b) Documents required to be served on another party of record may be delivered personally, transmitted by facsimile or e-mail, or sent by regular mail. Service must be complete by 5:00 p.m. on the day it is due. In the case of regular mail, service will be deemed complete if postmarked two (2) days before the due date. 89 ORDINANCE NO. 5675 (c) Except for final decisions, every Party of Record represented by another person and every participant represented by another person consents to service on the representative. (d) At least seven (7) calendar days prior to the hearing, the staff member assigned to the matter shall file a written analysis ("Staff Report") with the Hearing Examiner, along with all documents from the file he or she determines are required for review of the matter. The Staff Report and an identification of the documents shall be mailed to the applicant and to the appellant(s), if different from the applicant. Any party may inspect the Department's file and submit additional documents to the Hearing Examiner. vii. Communications with Hearing Examiner: Any written or verbal communication, made directly or indirectly with or by the Hearing Examiner that occurs outside of the hearing and in the absence of other participants is an ex parte communication. Ex parte communications are prohibited, except those communications regarding written submissions that are copied to all other Parties of Record or procedural matters. If an ex parte communication is prohibited by these rules and is recognized after it occurs, a written statement of the communication shall be made or the statement shall be disclosed during the hearing with an opportunity for Parties of Record to respond. viii. Appearance of Fairness: Proceedings before the Hearing Examiner are quasi-judicial in nature and therefore the Appearance of Fairness 90 ORDINANCE NO. 5675 Doctrine applies. At the commencement of the hearing or prior to commencement, if known, the Hearing Examiner and Parties of Record are required to disclose any fact that may affect the ability of the Hearing Examiner to issue a fair and impartial decision. ix. Hearing Examiner Pro Tern: In the event the Hearing Examiner is unable to serve, a "Hearing Examiner Pro Tern" will be selected as determined by the City. The Hearing Examiner Pro Tern shall have the same authority as the Hearing Examiner. x. Termination of Jurisdiction: The jurisdiction of the Hearing Examiner ends when the Hearing Examiner issues a final decision or recommendation in the matter and the time limit for all appeals has been exhausted. All prehearing orders and non-final decisions and recommendation of the Hearing Examiner are subject to reconsideration and correction. xi. Consolidation of Appeal Hearing with Permit Hearing: When an appeal hearing is consolidated with a permit hearing, the Hearing Examiner may segregate testimony in the hearing into appeal and permit testimony. The format for each of the segregated portions of the testimony may individually follow the formats applicable to permit and appeal hearings, as required below. f. Features Common to All Hearings: i. Oath: All testimony shall be taken under oath or affirmation. ii. Recording: Hearings shall be electronically recorded and the recordings shall be made a part of the record. Copies of the electronic ORDINANCE NO. 5675 recordings shall be made available on request upon payment of the costs of reproduction. iii. Evidence: Technical rules of evidence will not be applied. The key requirements for evidence will be relevance and reliability. Relevant and reliable evidence will be admitted if it possesses probative value commonly accepted by reasonable persons in the conduct of their affairs. The Hearing Examiner may take judicial notice of facts generally known or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Personal attacks shall not be tolerated, unless it is demonstrated that there is no other manner in which relevant evidence can be presented. iv. Exhibits: Documents, photographs and physical evidence will be admitted as exhibits as determined by the Hearing Examiner and each will be assigned an exhibit number. v. Staff Report or Analysis: Any Staff Report or Staff Analysis produced will be admitted as an exhibit in the hearing. vi. Testimony - How Presented: Testimony may be presented orally, in writing, or both. Persons giving expert testimony shall be subject to questioning by both Parties of Record and by the Hearing Examiner. When testimony is presented only in writing, the Hearing Examiner has discretion to leave the record open for written responses by any Party of Record. The Hearing 92 ORDINANCE NO. 5675 Examiner is granted discretion to allow or disallow testimony by telephone or other means that can be heard or reviewed by all Parties of Record. vii. Limits on Testimony: The Hearing Examiner may impose reasonable limitations on the nature and length of testimony. In so doing, the Hearing Examiner shall give consideration to: (a) The expeditious completion of the hearing. (b) The need to provide all Parties of Record a fair opportunity to present their cases. (c) Accommodating the desires of members of the public to be heard, when public testimony is taken. At the Hearing Examiner's discretion, irrelevant or unduly repetitious testimony may be excluded. If all testimony cannot be presented in the time available, the hearing will be continued. viii. Burden of Proof: For an application to be approved, a preponderance of the evidence presented at the hearing must support the conclusion that the application meets the legal decision criteria that apply. The applicant shall have the burden of proof in a pre-decision hearing. The City shall have the burden of proof in a code enforcement hearing. For an administrative decision to be reversed or modified, the appellant has the burden by a preponderance of the evidence to show that the legal decision criteria are not met by the proposal as approved. In appeals of procedural matters under the 93 ORDINANCE NO. 5675 State Environmental Policy Act (SEPA), the determinations of the responsible official shall be entitled to substantial weight. ix. Expert Testimony: Affidavits, declarations or letters containing expert opinion will generally be admitted without the presence of the expert absent objection from the parties of record. Objections must be made at the time the written expert testimony is made known to the objecting party. Upon the submittal of a timely objection, the Hearing Examiner may continue the hearing to require the expert to appear and be available for cross-examination. x. Filing of Papers: All written submissions made in advance of hearing shall be filed with the Department of Community and Economic Development, marked for the attention of the Hearing Examiner. xi. Closure and/or Continuation of Hearing: At the close of the testimony, the Hearing Examiner may close; continue to a date and time certain: continue to a tentatively scheduled date and follow with notice of date and time certain to all attending parties; or close the public hearing pending the submission of additional information on or before a date certain. The Hearing Examiner may reopen proceedings, as allowed by law, for good cause any time prior to the issuance of the decision or recommendation. f\. Closure/Continuation of Public Hearing: At tho close of tho testimony, the Examinor may close tho public hearing, continue tho hearing to a timo and date certain, or close tho public hearing ponding tho submission of additional information on or boforo a date certain. 94 ORDINANCE NO. 5675 Sxii. Application Dismissal: Until a final action on the application is taken, the Hearing Examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record. g. Format of Permit Hearings: i. The public hearing will be informal in nature, but organized, so that testimony and evidence can be presented efficiently. The hearing shall include at least the following elements: (a) An introductory outline of the procedure by the Hearing Examiner. (b) Testimony by the City staff which shall summarize the written Staff Report and provide any additional exhibits or other information the staff believes should be brought to the Hearing Examiner's attention. The staff presentation shall include a recommendation for approval, approval with conditions, or denial. (c) Testimony by the applicant and the applicant's witnesses. (d) Testimony from others wishing to be heard. (e) Rebuttal testimony and closing argument from staff. (f) Rebuttal testimony and closing argument from the applicant. (g) Any participant in the hearing may present his or her testimony through witnesses, provided that such witnesses, including expert witnesses, must be personally present to so testify unless permission has been 95 ORDINANCE NO. 5675 Rranted in advance by the Hearing Examiner to present such testimony by telephone. ii. Testimony for Organizations: Whenever the views of any formal or informal organization are to be presented, the organization shall designate a representative with authority to coordinate the presentation and to speak for the group. Any communications with the organization by the Hearing Examiner or by any Party of Record during the course of proceedings shall be through the designated representative. iii. Requiring Further Information: When the Hearing Examiner concludes that further information is necessary to reach a decision, the record may be kept open to allow time for such information to be supplied. When appropriate, an opportunity to reply to such information shall be provided to the Parties of Record specified by the Hearing Examiner, either in writing or through further hearings. iv. Content of the Record: The record of a permit hearing shall include at least the followinR: (a) The application. (b) The staff report, when one has been prepared. (d) All documentary or physical evidence received and considered, includinR all exhibits filed. (e) Electronic recordinRS of the proceedinRS and/or an accurate written transcription thereof. 96 ORDINANCE NO. 5675 SECTION XLII. Subsection 4-8-100G, Examiner's Decision, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. HEARING EXAMINER'S DECISION: 1. Form and Substance of Hearing Examiner's Decision/ Recommendation: The Hearing Examiner's decision or recommendation shall be in writing and shall contain findings of fact and conclusions of law supporting the result reached. Any conditions included as part of an approval shall be set forth. The Hearing Examiner's decision and/or recommendation shall contain a statement advising parties of their appeal rights. 42. Standard Decision Time and Notification Procedure: Unless the time is extended pursuant to this Section, within fourteen (14) business days after the record closes of tho conclusion of a hoaring. or of the date set for submission of additional information pursuant to this Chapter, the Hearing Examiner shall render a written decision, including findings from tho record and conclusions^ thorofrom and shall transmit a copy of such docision by regular mail, postage prepaid, to tho applicant and othor parties of record in the caso requesting notico of tho decision. Tho person mailing tho docision, together with tho supporting documents, shall prepare an affidavit of mailing, in standard form, and tho affidavit shall bocome a part of tho record of tho proceedings. In tho 97 ORDINANCE NO. 5675 caso of applications requiring City Council approval, tho Examinor shall file his decision with tho City Council mombors individually at tho expiration of tho appoal poriod for tho decision. 23. Decision Time Extension: In extraordinary cases, the time for filing of the recommendation or decision of the Hearing Examiner may be extended for not more than thirty (30) calendar days after the conclusion of the hearing if the Hearing Examiner finds that the amount and nature of the evidence to be considered, or receipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefore, shall be forwarded to all parties of record in the manner set forth in this Section for notification of the Hearing Examiner's decision. M. Conditions and Decision Options and Criteria: Tho Examiner's rocommondation or docision may bo to grant or dony tho application, or tho Examinor may roquiro of the applicant such conditions, modifications and restrictions as tho Examinor finds necessary to make tho application compatible with—its—environment—ane"—carry—out tho—objectivos—aftd—goals—of tho Comprohonsive Plan, tho zoning rogulations, tho subdivision rogulations, tho codos and ordinances of the City of Ronton, and the approved proliminary plat, if applicable. Conditions, modifications and restrictions which may bo imposod aro, but arc not limitod to, additional setbacks, scroonings in tho form of landscaping ond fencing, covenants, oasomonts and dedications of additional road rights of 98 ORDINANCE NO. 5675 way. Performance bonds may bo roquirod to insure complianco with the conditions, modifications and restrictions The Hearing Examiner may approve or deny or provide a recommendation to the City Council regarding the application or appeal before him or her. In any decision or recommendation which allows a project, the Hearing Examiner may impose reasonable conditions supported by the record. Public testimony is encouraged in all permit hearings but the Hearing Examiner is concerned not with the popularity of the proposal, but with whether it conforms to criteria for approval under the applicable code provisions. The Hearing Examiner decides matters on the merits, based on the preponderance of the evidence. 5. Decision Final: The decisions and/or recommendations of the Hearing Examiner are final unless appealed or a reconsideration is requested and granted. Failure of the Hearing Examiner to follow these rules shall not serve as a basis for invalidation of the decision, but the Hearing Examiner is expected to apply these rules to the best of his or her ability. Decisions of the Hearing Examiner are the final decision of the City and there is no further administrative appeal. 6. Who Receives Copies of Decision/Recommendation: The Department of Community and Economic Development will maintain a copy of the Hearing Examiner's decision or recommendation, available for public inspection, in the official file of each application or appeal. The Parties of Record will receive a copy or notice of the Hearing Examiner's decision or recommendation. The 99 ORDINANCE NO. 5675 person mailing the decision shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceedings. In the case of applications requiring City Council approval, the Hearing Examiner shall file the decision with the City Council members individually or the City Council Liaison at the expiration of the appeal period for the decision. Any other person may receive a copy upon request upon payment of the costs of reproduction and postage as allowed by the Public Records Act, RCW 42.56, as it exists or may be amended. 7. Correction of Hearing Examiner's Decision/Recommendation: Technical defects in the Hearing Examiner's decision or recommendation may be corrected any time prior to the end of the appeal period, but no such correction shall operate to lengthen the appeal period. 8. Termination of Jurisdiction: The jurisdiction of the Hearing Examiner terminates upon the end of the appeal period for a decision or recommendation. 49. Reconsideration of Hearing Examiner's Decision: Any interested person feeling that the decision of the Hearing Examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written application for review by the Hearing Examiner within fourteen (14) calendar days after the written decision of the Hearing Examiner has been rendered. The application shall set forth the specific errors relied upon by such appellant, and the Hearing Examiner may, after review of the record, take 100 ORDINANCE NO. 5675 further action as the Hearing Examiner deems proper. The Hearing Examiner may request further information which shall be provided within ten (10) calendar days of the request. The Hearing Examiner's written decision on the request for consideration shall be transmitted to all parties of record within ten (10) business days of receipt of the application for reconsideration or receipt of the additional information requested, whichever is later. 10. Appeals: See RMC 4-8-110. SECTION XLIII. Subsection 4-8-110E, Appeals to Examiner of Administrative Decisions and Environmental Determinations, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. APPEALS TO HEARING EXAMINER OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS: 1. Applicability and Authority: a. Administrative Determinations: Any administrative decisions made may be appealed to the Hearing Examiner, in writing, filed with the City Clerk. b. Environmental Determinations: Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Regulations, when any proposal or action is granted, conditioned, or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the Hearing Examiner under the provisions of this Section. 2. Optional Request for Reconsideration: 101 ORDINANCE NO. 5675 a. When a reconsideration request has been submitted, the matter shall be held in abeyance pending the outcome of the reconsideration. A new fourteen (14) calendar day appeal period shall commence upon the issuance of the reconsideration. b. In order to request reconsideration, the person or entity must have been made a party of record, or submitted written comments to City Sstaff prior to the issuance of the Determination for which the reconsideration is being requested, 3. Standing: Unless otherwise provided by Sstate law or exempted by a Sstate or federal agency, only the applicant, City or a person who has been made a party of record prior to the issuance of a decision may appeal the administrative or environmental decision. In the order to appeal the person or entity shall be aggrieved or affected by the administrative or environmental decision. In order to be aggrieved, the person or entity must demonstrate the following: a. An injury in fact, in that the person or entity will be specifically and perceptively harmed; and b. That the interest the person or entity seeks to protect is arguably within the zone of interests to be protected or regulated. 4. Time for Appeal: Any such appeal shall be made in writing and filed with the City Clerk's office, together with the applicable appeal fee, within 102 ORDINANCE NO. 5675 fourteen (14) calendar days of the final decision or publication of the final decision, whichever occurs later, except in the case of a Final EIS, in which the appeal shall be made within twenty (20) calendar days of the publication of the final decision. 5. Appeal—Procedures <—Hearing Examiner: Any appeal—undor this provision shall bo hold in accordance with the applicable State law including RCW 43.21C.075 and WAC 197 11 680. Clarification of Appeal: If the appeal is unclear and does not sufficiently explain the basis for the appeal, the Hearing Examiner may issue an order requiring that the appellant amend the appeal within ten (10) calendar days of the date of the order. If the appeal is not satisfactorily amended within the time allowed, it shall be dismissed. 6. Motions: The Hearing Examiner may dismiss an appeal, without hearing, when it is determined by the Hearing Examiner to be untimely, without merit on its face, incomplete, or frivolous. Any application to the Hearing Examiner for an order shall be by motion which, unless made during a hearing, shall be in writing, stating the reasons for the request and setting forth the relief or order sought. Written motions shall be received at least five (5) business days in advance of the hearing. 7. Parties: The parties in appeal hearings shall be the City, the applicant, and the appellant(s), if different from the applicant or the City. No other persons shall be allowed to testify unless serving as a witness to one of the parties. 103 ORDINANCE NO. 5675 68. Notice of Hearing Required: A written notice of the time and place of the hearing at which the appeal shall be considered by the Hearing Examiner shall be mailed to the applicant, all parties of record in the case, and to the offi cer from whom the appeal is taken not less than ten (10) calendar days prior to the date of the hearing. 9. Format of the Appeal Hearing: The appeal hearing will be of an informal nature, but organized so that testimony and other evidence can be presented efficiently. An appeal hearing shall include at least the following: a. An introductory outline of the procedure by the Hearing Examiner. b. Presentation by the appellant, including any witnesses. c. Cross-examination, if any, of appellant and appellant's witnesses. d. Presentation by City staff, summarizing the Staff Analysis and including any witnesses for the City. e. Cross-examination, if any, of City staff and staffs witnesses. f. Presentation by the proiect applicant, if different from appellant, including any witnesses. g. Cross-examination of any of the proiect applicant and applicant's witnesses. h. Rebuttal testimony and closing by City staff. i. Rebuttal testimony and closing by applicant, if different from appellant. 104 ORDINANCE NO. 5675 j. Rebuttal testimony and closing by appellant. 10. Prehearing Conference: The Hearing Examiner may schedule and hold a prehearing conference when it appears that the orderly and efficient conduct of the hearing will be served, or that settlement of the appeal through such a conference is likely. A prehearing conference may, among other things, consider: a Simplification of the issues. b. The existence of undisputed facts to which the parties are willing to stipulate. c. The identification of witnesses and documentary or other evidence to be presented at hearing. d. Any reasonable needs any party may have for discovering the details of the case the other party intends to present. e. The imposition of reasonable time limits- Based upon the discussions and agreements at such a conference, the Hearing Examiner may enter a Prehearing Order, which shall govern subsequent proceedings. If the case is settled at such a conference, the Hearing Examiner shall enter an Order reciting the terms of the settlement and dismissing the appeal. 11. Content of the Record: The record of an appeal hearing conducted by the Hearing Examiner shall include at least the following: a. The Notice of Appeal and any amendments. 105 ORDINANCE NO. 5675 b. The Staff Analysis responding to the appeal and all accompanying documents, including the papers that comprise the record of the decision subject to appeal. c. Additional documentary or physical evidence received and considered, including all exhibits filed. d. The Hearing Examiner's decision. e. Electronic recordings of the proceedings and/or an accurate written transcription thereof. 712. Hearing Examiner Decision: a. Substantial Weight: The procedural determination by the Environmental Review Committee or City staff shall carry substantial weight in any appeal proceeding. The Hearing Examiner shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter/Title. b. Hearing Examiner Decision Options and Decision Criteria: The Hearing Examiner may affirm the decision or remand the case for further proceedings, or it may reverse the decision if the substantial rights of the applicant may have been prejudiced because the decision is: i. In violation of constitutional provisions; or ii. In excess of the authority or jurisdiction of the agency; or iii. Made upon unlawful procedure; or iv. Affected by other error of law; or v. Clearly erroneous in view of the entire record as submitted; or 106 ORDINANCE NO. 5675 vi. Arbitrary or capricious. c. Time for Hearing Examiner's Decision: The Hearing Examiner shall render a written decision within fourteen (14) business days. d. Collateral Estoppel (Issue Preclusion): The Hearing Examiner may deny a party's request to relitigate one or more issues or determinative facts decided or ruled upon in a previous litigation if the party against whom the collateral estoppel doctrine is to be applied had a full and fair opportunity to litigate the issue in the prior proceeding. The party requesting application of the collateral estoppel doctrine must establish by a preponderance of the evidence that (1) the issue decided in the earlier proceeding was identical to the issue presented in the later proceeding; (2) the earlier proceeding ended in a judgment on the merits; (3) the party against whom collateral estoppel is asserted was a party to, or in privity with a party to, the earlier proceeding; and (4) application of collateral estoppel does not work an injustice on the party against whom it is applied. The Hearing Examiner may apply collateral estoppel, sua sponte. e. Res Judicata (Claim Preclusion): The Hearing Examiner may apply a prior ruling or summarily decide an action or appeal if the current, pending or proposed action or appeal is substantially identical to a prior action or appeal in four respects (1) the same persons and parties or a person or party in privity with the a prior person or party; (2) causes of action that substantially involve the same rights or interest, the same evidence, an infringement of substantially 107 ORDINANCE NO. 5675 the same rights or interests, or the two actions or appeals arise out of substantially the same facts; (3) subject matter is identical or substantially the same; and (4) at least one or more of the parties are bound by the prior judgment or ruling. The party requesting application of the res judicata doctrine does not have to prove each factor, but must prove by a preponderance of the evidence that application of res judicata is appropriate. The Hearing Examiner may apply res judicata, sua sponte. f. Full and fair opportunity: Failure to seek or obtain evidence or information that existed at the time of the prior proceeding does not establish that a party did not have a full or fair opportunity to litigate an issue or change the subject matter of an action or appeal. 813. Optional Request for Reconsideration: a. When a reconsideration request has been submitted, the matter shall be held in abeyance pending the outcome of the reconsideration. A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. b. In order to request reconsideration, the person or entity must have been made a party of record prior to the close of the hearing, participated in the hearing or have submitted written comments to the Hearing Examiner prior to the close of the hearing. 914. Appeal of Hearing Examiner Decision to City Council: Unless a specific section or Sstate law providing for review of decision of the Hearing 108 ORDINANCE NO. 5675 Examiner requires review thereof by the Superior Court or other body, all other appeals of the Hearing Examiner's decision shall be made to the City Council within fourteen (14) calendar days from the date of the Hearing Examiner's written report. SECTION XLIV. Subsection 4-8-110F.4, Council Review Procedures, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by tho party offering the ovidonco that tho ovidonco could not reasonably have boon available at tho timo of the hoaring before tho Examinor. If tho Council determines that additional ovidonco is required,—the—Council—sf+afl—romond—the—matter—te—the—Examinor for reconsidorotion and rocoipt of additional ovidonco. The cost of transcription of the hearing record shall be borne by the applicant. If a transcript is made, the applicant is required to provide a copy to the City Clerk and the Renton City Attorney at no cost. In tho absence of an entry upon tho rocord of an ordor by the City Council authorizing now or additional ovidonco or testimony, ond a remond to tho Hooring Examinor for rocoipt of such evidence or testimony, ijt shall be presumed that no now or odditional ovidonco or testimony hos boon 109 ORDINANCE NO. 5675 accepted by tho City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. SECTION XLV. Subsection 4-8-110F.7, Findings and Conclusions Required, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-8-070H1, as it exists or may be amended, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may romand tho procooding to tho Examinor for reconsideration, or modify, or reverse the decision of the Hearing Examiner accordingly. SECTION XLVI. Table 4-8-120A, Public Works Permit Submittal Requirements, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new row entitled Biological Assessment/Critical Areas Study" to read as follows: Ut i l i t y Co n s t r u c t i o n Pe r m i t ( S e w e r an d / o r W a t e r ) St o r m w a t e r Co n s t r u c t i o n Pe r m i t Ro a d w a y Co n s t r u c t i o n Pe r m i t Co m b i n e d P e r m i t (i n c l u d e s P l a t s ) AP A O p e r a t i n g Pe r m i t AP A C l o s u r e Pe r m i t Biological Assessment/ 5(d) 5(d) 5(d) 5(d) Critical Areas Studv 5(d) 5(d) 5(d) 5(d) 110 ORDINANCE NO. 5675 SECTION XLVII. Table 4-8-120A Legend, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection (d) to read as follows: (d) Only required when project is located in designated floodplain. SECTION XLVIII. Table 4-8-120B, Building Section Permit Submittal Requirements, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new row entitled "Biological Assessment/Critical Areas Study" to read as follows: De m o l i t i o n Gr a d i n g / F i l l Ma n u f a c t u r e d H o m e i n Ma n u f a c t u r e d H o m e P a r k Ma n u f a c t u r e d H o m e Ou t s i d e o f M a n u f a c t u r e d Ho m e P a r k Mu l t i - F a m i l y / C o m m e r c i a l / In d u s t r i a l N e w o r Ad d i t i o n s Co m m e r c i a l / I n d u s t r i a l In t e r i o r R e m o d e l ro a. in "5 o c .£? in Si n g l e F a m i l y / D u p l e x N e w o r A d d i t i o n s Si n g l e F a m i l y / M u l t i - Fa m i l y In t e r i o r R e m o d e l Biological Assessment/Critical 5(s) 5(s) 5(s) 5 (s) 5(s) 5(s) 5(s) Areas Study 5(s) SECTION XLIX. Table 4-8-120B Legend, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 111 ORDINANCE NO. 5675 Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection s to read as follows: s. Only required when project is located in designated floodplain. SECTION L. Table 4-8-120C, Land Use Permit Submittal Requirements, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to revise the rows entitled "Applicant Agreement Statement (for wireless communication facilities)", "Inventory of Existing Sites (for wireless communication facilities)", "Lease Agreement, Draft (for wireless communication facilities)" and "Photo Simulations (for wireless communication facilities)", and to add a new row entitled "Biological Assessment/Critical Areas Study when project located in a designated floodplain", as shown on Attachment E, attached hereto and incorporated by this reference. The rest of the table shall remain as currently codified. SECTION LI. Table 4-8-120C Legend, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to revise subsection 4, as shown below, and to add a new subsection 10 to read as shown below. The rest of the Legend shall remain as currently codified. 4. For conditional use permit applications for wiroloss communication facilitios, the applicant shall submit a proliminary skotch (fivo (5) copies) for preliminary staff roviow prior to submittal of tho conditional use pormit application. The staff shall roviow this map within fourteen (14) working days 112 ORDINANCE NO. 5675 and inform applicant of any proliminary concerns and recommendations for revisions at a scheduled proapplication mooting. The staff shall also indicate where photosimulations will bo required for tho application submittal, and may chooso to waivo submittal roquiromonts for tho conditional uso pormit whon doomed appropriate. This shall not preclude the staff from making further recommondations at tho application stago Not required for amateur radio antennas. 10. Only that portion of the agreement relating to removal of upon discontinuation of use is required for amateur radio antennas. SECTION HI. Subsection 4-8-120D.2, Definitions B, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Definitions B: (Reserved) Biological Assessment/Critical Area Study: Projects with the potential to impact fish (Chinook salmon, bull trout), unexpected, new, rare or other endangered species habitat (bald eagles) shall provide a biological assessment/critical area study. The purpose of this assessment is determine whether a proposed action is likely to: (1) adversely affect listed species or designated critical habitat; (2) jeopardize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or (3) adversely modify proposed critical habitat. A biological assessment/critical area study is a written study that evaluates the proposal, all 113 ORDINANCE NO. 5675 probable impacts and risks related to the critical area, and recommends appropriate mitigation measures to adequately protect the functions and values of the critical area, and preserve anadromous fish and their habitat. The assessment/study shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area in accordance with WAC 365-195-095(4), as it exists or may be amended. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphoiogy, biological assessment for Fish and Wildlife habitat conservation must have a degree in biology and professional experience related to the subject species. The assessment/study shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of the material used. Best available science is that scientific information applicable to the critical area prepared by local state or federal natural agencies or a qualified scientific professional that is consistent with the criteria established in WAC 395-195-900 through WAC 365-195-925, as they exist or may be amended. The assessment/study shall contain, at a minimum, the following information, as applicable: 1. The name and contact information of the applicant: 2. The dates, names, and qualifications of the persons preparing the assessment/study and documentation of any fieldwork performed on the site: 114 ORDINANCE NO. 5675 3. A description of the proposal and identification of the permits requested; 4. A site plan showing: a. Identified critical areas, buffers and the development proposal with dimensions; b. Topography at two (2)- foot intervals; c. Limits of any areas to be cleared/impacted; and d. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations. 5. Accurate identification, location, and characterization of critical areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project; 6. A statement specifying the accuracy of the assessment/study, assumptions used in the assessment/study, and explaining how best available science has been incorporated; 7. Determination of the degree of hazard and risk from the proposal both on the site and on surrounding properties; 8. An assessment of the probable cumulative impacts to the critical areas, their buffers and other properties resulting from the proposal; 9. An evaluation of the project's compliance with sections 7 and 9 of the Endangered Species Act; 115 ORDINANCE NO. 5675 10. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas; 11. Plans for adequate mitigation to offset any impacts and an explanation of how best management practices will be used to minimize impacts to critical area; and 12. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and security requirements. SECTION UN. Subsection 4-8-120D.3, Definitions C, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Critical Areas Study", to read as follows: Critical Areas Study: See 4-8-120D.2 Biological Assessment/Critical Areas Study, as it exists or may be amended. SECTION LIV. Subsection 4-9-030D, Decision Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is revised as shown below. Subsections 4-9-030D.1 through 4-9-030D.10 shall remain as currently codified. D. DECISION CRITERIA: Except for Wireless Communication Facilities, T-the Administrator or dosignoo or the Hearing Examiner shall consider, as applicable, the following factors for att applications: 116 ORDINANCE NO. 5675 SECTION LV. Subsection 4-9-030E, Decision Criteria - Wireless, of Chapter 9, Permits - Specific, of Title IV (Development Regulati ons) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. DECISION CRITERIA-WIRELESS: In lieu of the criteria in subsection D, the following criteria shall be considered Tho Administrator or dosignce shall considor, in determining whether to issue a Conditional Use Permit for a wireless facility, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of RMC 4-4-140, Wireless Communication Facilities, as it exists or may be amended, are better served thereby, the following factors: 1. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness. 2. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties^-P and the proximity of the tower and/or antenna to residential structures and residential district boundaries. 3. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 4. Topography and Vegetation: The surrounding topography, tree coverage and foliage. 117 ORDINANCE NO. 5675 5. Ingress/Egress: The proposed access ingress and egress. 6. Impacts: The potential noise, light and glare impacts. 7. Collocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal. 8. Consistency with Plans and Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City. 9. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. SECTION LVI. Subsection 4-9-030F, Procedures, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. PROCEDURES: 1. General: Applications shall be reviewed in accordance with chapter 4-8 RMC, Permits - General and Appeals. 2. Pre-application Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments. 3. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Permit Submittal Requirements, as it exists or may be amended. 118 ORDINANCE NO. 5675 4. Public Notice and Comment Period Required: Whenever a complete application is received, the Planning Division shall be responsible for providing public notice of the pending application, pursuant to RMC 4-8-090, Public Notice Requirements, as it exists or may be amended. 5. Determining Necessity for Public Hearing: Upon receipt of the final departmental comments and after the close of the public comment period, the Administrator or dosignoo and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. 6. Administrative Approvals: For projects not requiring a public hearing, the Administrator or dosignoo shall take action on the proposed Conditional Use Permit in accordance with the procedures in RMC 4-8-100, as it exists or may be amended. 7. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision - General, as it exists or may be amended. 8. Decision and Conditions: The Administrator or dosignoo may grant a Conditional Use Permit, with or without conditions, or deny the requested Conditional Use Permit. The Administrator or dosignoo or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable decision 119 ORDINANCE NO. 5675 criteria in subsection D of this Section, and; if applicable, subsoction E of this Section. The Administrator or dosignoo or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may limit the term and duration of the Conditional Use Permit. Conditions imposed by the Administrator or dosignoo or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. 9. Timeline to Apply for Associated Permits: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval. A single two (2) year extension may be granted for good cause by the Administrator or designee. SECTION LVII. Subsection 4-9-150B.3.b, Density/Permitted Number of Dwelling Units, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Density/Permitted Number of Dwelling Units: The number of dwellings units shall not exceed the density allowances of the applicable base or overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however, averaging density across a site with multiple zoning classifications may be allowed if approved by the Community and Economic Development Administrator; ORDINANCE NO. 5675 SECTION LVIII. Subsection 4-9-200C.2, Development Exempt from Site Plan Review, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Development Exempt from Site Plan Review: The following are exempt from Site Plan review: a. Planned Urban Developments^ b. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Environment al Review Procedures, as it exists or may be amended, with the exception of development in the Residential Ten Dwelling Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14) zones where existing dwelling units are included in a development proposal for new dwelling units, whether created by subdivision or other means; or c. Utilities: Underground utility projects. SECTION LIX. Subsection 4-9-200J, Expiration and Extensions, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: J. EXPIRATION AND EXTENSIONS: 1. Non-Phased Plans: a. Master Plans: The Hearing Examiner shall determine, and document in writing, an appropriate expiration date for the Master Plan, 121 ORDINANCE NO. 5675 granting up to five (5) years. An applicant shall submit a complete Site Plan application for the development within the specified time frame if a Site Plan was not combined with the Master Plan application. The Administrator or designee may grant a one (1) year extension for good cause. b. Site Plans: The final approval of a Site Plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the Administrator or designee. The Administrator or designee may determine at his or her discretion that a public hearing before the Hearing Examiner is required for such extension. c. Vesting: As long as the dovolopmont of a projoct conforms to the aepr-eved plan and building permits aro submitted within tho relevant time Ufflits, tho zoning rogulations in offoct at tho time of tho original approval shall continue to apply. Howovor, all construction shall conform to tho International Building Code and Uniform Fire Code regulations in forco at tho time of building permit application. 2. Phased Plans: a. Master Plans: The Administrator or designee may grant Master Plan approval for large projects planned to be developed or redeveloped in phases over a period of years exceeding the five (5) year time limit for non- phased plans. Such approval shall include clearly defined phases and specific time limits for each phase and a determination of eligibility for any extensions of the time limits. 122 ORDINANCE NO. 5675 b. Site Plans: An applicant may submit a Site Plan application for either the entire site or a portion of the site covered by a Master Plan, provided the application complies with phasing and timing requirements of the Master Plan approval. In every case, the Site Plan application and review shall cover at least that portion of the site which is directly related to the proposed development as well as any areas that may be impacted by the development. c. Vesting: As long as tho dovolopment of a project conforms to the approved plan and applicable timing and approved phasing schedule, tho zoning regulotions in effect at the timo of the original approval shall continuo to apply. However, all construction shall conform to tho International Building Codo and Uniform Firo Code regulations in force at tho timo of building pormit application. SECTION LX. Subsection 4-9-240O, Expiration and Extension, of Chapter 9, Permits - cific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General inances of the City of Renton, Washington", is hereby amended as follows: 0. EXPIRATION AND EXTENSION: 1. Standard Period of Validity: Except as specified in subsection 02 of this Section, a temporary use permit is valid for up to one (1) year from the effective date of the permit, unless the Community and Economic Dovolopmont Administrator or dosignoo establishes a shorter time frame. 2. Special Expiration/Extension Periods for Manufactured Homes for Medical Hardship: The temporary use permit for a manufactured home for medical hardship shall be effective for twelve (12) months. Extension of the 123 ORDINANCE NO. 5675 temporary use permit may be approved in twelve (12) month increments subject to demonstration of continuing medical hardship. The manufactured home shall be removed within ninety (90) calendar days of the expiration of the temporary use permit or the cessation of provision of daily care. 3. Extension Requests for all other uses: An applicant can request that a permit be valid beyond one (1) year and for up to five (5) years at time of application or prior to permit expiration. Extension requests to not require additional fees and shall be requested in writing to the Community and Economic Development Administrator. SECTION LXI. Subsection 4-9-250B.5, Decision Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Decision Criteria: Except for variances from critical areas regulations, tho Roviowing Official shall havo authority to grant a variance upon making a determination shall be made in writing that the conditions specified below have been found to exist: a. That the applicant suffers undue hardship practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges 124 ORDINANCE NO. 5675 enjoyed by other property owners in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; d. That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. SECTION LXII. Section 4-10-030, Pending Permits Valid - Vesting, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby repealed. SECTION LXIII. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Appellant", to read as follows: APPELLANT: Appellant means a person, organization, association or other similar group who files a complete and timely appeal as set forth in Renton Municipal Code. 125 ORDINANCE NO, 5675 SECTION LXIV. Section 4-11-030, Definitions C, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Complete Application", to read as follows: COMPLETE APPLICATION: Unless waived by the Community and Economic Development Administrator, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in RMC 4-8-120A, B and C, any site-specific information identified in a pre- application meeting summary, and any required application fee pursuant to the City of Renton Fee Schedule. SECTION LXV. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Development Regulations (for vesting purposes)", to read as follows: DEVELOPMENT REGULATIONS (for vesting purposes): The following controls placed on development or land use activities by the City, including but not limited to: Comprehensive Plan Policies, zoning regulations, subdivision regulations, shoreline management regulations, road design standards, site development regulations, sign regulations, critical areas regulations, and all regulations and land use controls that must be satisfied as a prerequisite to obtaining approval of an application for development. For the purposes of this definition, construction and utility regulations such as stormwater standards and ORDINANCE NO. 5675 erosion/sediment control requirements contained in Title IV "Development Regulations", building standards, fire standards, sewer utility standards, and Health Department standards are not considered development regulations or land use controls. Title IV processes and procedures are not considered development regulations or land use controls. SECTION LXVI. Section 4-11-160, Definitions P, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Party of Record", to read as follows: PARTY OF RECORD: Party of Record means: 1. The permit applicant; 2. The appellant (if different that the permit applicant); 3. The City (if different than the appellant); or 4. Any person or entity who has submitted timely written or verbal testimony. SECTION LXVI I. Section 4-11-220, Definitions V, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to revise the definition of "Vehicle and Equipment Rental, Large", as follows: VEHICLE AND EQUIPMENT RENTAL, LARGE: Rental and incidental servicing of motor vehicles including but not limited to limousines, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which 127 ORDINANCE NO. 5675 have gross vehicle weights greater than ten thousand (10,000) pounds, but excluding airplanes or aircraft. This use excludes small vehicle rentals, and large and small vehicle sales. SECTION LXVIII. Section 4-11-220, Definitions V, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a definition of "Vesting", to read as follows: VESTING: The establishment of a date that is used to determine which development regulations the City of Renton and the City's Hearing Examiner will apply to the review of a valid and fully complete application or approved and unexpired development permit. SECTION LXIX. Subsection B, Antenna, of the definition of "Wireless Communication Facilities - Terms Related to" of section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add two new subsections 8 and 9, to read as shown below. The rest of the definition shall remain as currently codified. 8. Amateur Radio (also called ham radio) Antenna: A device that picks up or sends out radio frequency energy used for purposes of private recreation, non-commercial exchange of messages, wireless experimentation, self-training, and emergency communication. The term "amateur" is used to specify persons interested in radio technique solely with a personal aim and without pecuniary interest, and to differentiate it from commercial broadcasting, public safety 128 ORDINANCE NO. 5675 (such as police and fire), or professional two-way radio services (such as maritime, aviation, taxis, etc.). 9. Vertical Monopole Amateur Radio Antenna: A type of amateur radio device consisting of a single vertical element constructed of wire, aluminum, or fiberglass without any attached horizontal antennas. This definition does include associated guy wires attached not more than halfway up the monopole for anchoring purposes. This definition does not include amateur radio antennas with any more than a single vertical element (e.g. tower or lattice-type amateur radio antennas). SECTION LXX. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 3rd day of December , 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 3rd day of December j 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney * Date of Publication: 12/7/2012 (summary) ORD:1776:ll/20/12:scr 129 4-2-060 ZONING USE TABLE - USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-l R-4 R-8 RM H R- 10 R- 14 RM IL IM IH CN CV CA CD CO COR UC-N1 UC-N2 A. AGRICULTURE AND NATURAL RESOURCES Agriculture P35 P35 Home agriculture AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 Natural resource extraction/recovery H H H H H H H H H H59 H H H H H H H Research - Scientific (small scale) P P P P P P P P P P P P P P P P P P P B. ANIMALS AND RELATED USES Beekeeping AC AC AC AC AC AC AC AC Kennels AD3 7 P37 P37 P37 Stables, commercial AD3 7 AD3 7 C. RESIDENTIAL Detached dwelling P P P P P P Attached dwellings P73 P73 P P18 P73 P18 P4S 3 P P74 18 P87 Manufactured Homes Manufactured homes P50 P50 P50 P50 P P50 P50 l\ A -\ KM • /—t- • f v r\ e\ P-P-Ivl dl IU 1 dL-LLM cu P-P- homos, designated Mobilo homos ------------------ D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS Accessory dwelling unit AD7 AD7 AD7 AD7 AD7 AD7 Adult family home P P P P P P P P P P3 Assisted living AD AD P P P P3 P29 40 P P75 PS8-87 Caretaker's residence AC AC AC AC AC AC AC AC Congregate residence AD P P3 Group homes 1 AD H3 Group homes II for 6 or less AD P P P P P P P P P3 P Group homes II for 7 or more H H H H H H H P H H3 AD Home occupations AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 AC6 Live-work unit AD AD AD E. SCHOOLS K-12 educational institution (public or private) H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H7S HS9-87 K 12 educational institution (public or private), existing -99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 Other higher P3S PSS P3& P P P P21 P HS8-87 education institution 29 29 29 Schools/studios, arts and crafts P P3S 29 P38 29 P P P P Trade or vocational school P P H H H77 F. PARKS Parks, neighborhood P P P P P P P P P P P P P P P P P P P Parks, regional/community, existing P P P P P P P P P P P P P P P P P P P Parks, regional/community, new AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P P G. OTHER COMMUNITY AND PUBLIC FACILITIES Community Facilities Cemetery H H H H H H H H H H H H H H H Religious institutions H H H H H H H H H H H H H H H H H H H90 Service and social organizations H H H H H H H H H H H H H H H12 H21 H78 27 H90 Public Facilities City government offices AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD AD AD90 City government facilities H H H H H H H H H H H H H H H H H H H90 Jails, existing municipal P-P Diversion facility and diversion interim service facility H71 ±46 H71 4±6 Secure community transition facilities H71 H71 Other government offices and facilities H H H H H H H H H H H H H H H H H H H90 H. OFFICE AND CONFERENCE Conference centers P3S 29 P3S 29 P38 29 H P3S 29 P P P21 P P91 Medical and dental offices P42 P3S 29 P3S 29 Pgg 29 AD± P 112 P P P P P P92 Offices, general P42 P13 P13 P13 ADi P 112 P P P P P P93 H. OFFICE AND CONFERENCE (Continued) Veterinary offices/clinics P P42 P3S 29 P38 29 P3S 29 Pll 2 P P P38 29 P P7-& 27 1. RETAIL Adult retail use P43 P43 P43 P43 P43 P43 P43 Big-box retail P7-2-P72 P72 P73 29 P79 Drive-in/drive- through, retail AC8 0 AC8 0 AC8 0 AC8 0 AC2 8-61 AC80 AC2 8-61 ACTS 27 AC80 Eating and drinking establishments PI PI PI PI PI PI AD3 3 P42 P P P P22 P P P P12 P27 P84 27 P94-92 Fast food restaurants P3& P P P P8i 29 ±±2- 61 ±±3- 61 27 Horticultural nurseries, existing AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Horticultural nurseries, new AD AD3S 29 Retail sales AD3 3 AD P34 29 P34 29 P34 29 P60 22 P P P P54 P21 P82 P9£82 Retail sales, outdoor P30 P30 P30 P15 P15 P15 P15 P15 Taverns AD P20 AD P21 P82 P9^92 Vehicle sales, large P P P P44 29 Vehicle sales, small P P P P68 J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business P43 P43 P43 P43 P43 P43 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD90 Dance clubs P3& 29 P3S 29 P38 29 AD P20 AD P3S 29 AD Dance halls P3S 29 P3S 29 P3S 29 AD P20 AD P38 29 AD Gaming/gambling facilities, not-for- profit H3& 29 H29 H3S 29 H20 H3S 29 Movie theaters P3S 29 P3S 29 P3S 29 AD P20 P P12 P83 P9492 Sports arenas, auditoriums, exhibition halls, indoor pas 29 PSS 29 PSS 29 P20 P HS4 H96 Sports arenas, auditoriums, exhibition halls, outdoor P29 PSS 29 P^S 29 AD20 H84 H96 J. ENTERTAINMENT AND RECREATION (Continued) Recreation Golf courses (existing) P P P P P P Golf courses, new H P H H H H Marinas P P21 H97 Recreational facilities, indoor, existing H P33 PSS 29 PSS 29 PSS 29 P P P P65 54 P21 P7S 27 P94-92 Recreational facilities, indoor, new H PSS 29 P44 4 P P P94 92 P4451 2 P21 P7S 27 P94 92 Recreational facilities, outdoor P33 29 PS2 29 PS2- 29 H20 H3S 29 K. SERVICES Services, General Bed and breakfast AD AD AD AD AD AD AD AD P house, accessory Bed and breakfast house, professional AD AD AD5 AD P Hotel P338 29 pas 29 pas 29 P P20 P pas P P P9S-96 Motel Pas 29 pas 29 pas 29 P P20 Off-site services P42 pas 29 pas 29 pas 29 pas 29 On-site services AD3 3 P42 pas 29 pas 29 pas 29 P6S 22 P P69 P P54 P21 P7S 27 P93 92 Drive-in/drive- through service ACS 3-61 ACS 3-61 ACS 3-61 AC8 0 AC3 8-61 AC80 ACT- 0-61 AC61 AC6 1 ACTS 27 ACS© Vehicle rental, small P P P AD P20 Vehicle and equipment rental, large PSS 29 P29 P29 Day Care Services Adult day care 1 AC AC AC AC AC AC AC AC P55 P5S P5§ P33 P P33 P P P PTS 27 P100 Adult day care II H H H H HSa H AD-P AD P AD-P P33 P P33 P P12 P21 PTS 27 P100 Day care centers H25 H25 H25 H25 Haa 25 H25 PM P54 P54 P33 P P33 P P P21 P7S 27 P100 Family day care AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC Healthcare Services Convalescent centers H H H H P AD P3 PS9 40 AD AD85 96 AD±9± 96 Medical institutions H H H H H H H H56 H56 H56 H H H H P40 H H H9a L. VEHICLE RELATED ACTIVITIES Car washes P P P AD2 P22- Express transportation services AD P AD20 Fuel dealers H59 P Industrial engine or transmission rebuild P3± 28 PS± 28 PS± 28 Parking garage, structured, commercial or public P P P P P20 P3 P P P P±&2- 93 Parking, surface, commercial or public pas 29 P38 29 P3S 29 P20 P3 AD Park and ride, dedicated P105 P10 5 P10 5 P ±96 107 P105 P10 7 P105 P107 Park and ride, shared-use P ±68 P ±98 P ±08 P ±98 P ±98 P ±98 P P P P ±06 107 P109 P10 7 P P107 Railroad yards P Taxi stand P AD AD Tow truck operation/auto P36 H59 P AD 36 impoundment yard Tow truck operations AD54 _ _ _ - Transit centers HSS 29 H3S 29 HSS 29 P H20 P HSS 29 P P4©S Truck terminals P Vehicle fueling stations P P P P P P3& 29 Vehicle fueling stations, existing legal P P P AD 44© P P P3S 29 Vehicle service and repair, large AD2 P P Vehicle service and repair, small P2 P2 P2 AD2 AD2 AD2 Wrecking yard, auto H59 H Air Transportation Uses Airplane manufacturing H59 P Airplane manufacturing, accessory functions AC AC Airplane sales and repair P Airport, municipal P L VEHICLE RELATED ACTIVITIES Continued) Airport-related or AC Aviation-related uses Aviation-rolatod usos _ _ _ ---AG --------- Helipads Pll 1 H29 H3S 29 H3S 29 H H H97-29 Helipads, commercial H H97 M. STORAGE Hazardous material storage, on-site or off-site, including treatment H24 H24 H24 Indoor storage P P P AC1 1 AC1 1 AC11 AC1 1 AC11 AC1 1 Outdoor storage, existing P57- 29 P£7- 29 P57- 29 P64 Outdoor storage, new PS7- 29 PS7 29 P64 Self-service storage P-S P5S 29 P59 P H2-6 22 H26 22 Vehicle storage AD3S 29 Warehousing P P P N. INDUSTRIAL Industrial, General Assembly and/or packaging operations P P P P86 P404 86 Commercial P3S pgs P4 o O > n laundries, existing 29 29 29 Commercial laundries, new PS8 29 P3S 29 P3S 29 Construction/contrac tor's office P44 P P Laboratories: light manufacturing P38 29 P3S 29 P3S 29 AD P20 P3 AD54 P P404 86 Laboratories: research, development and testing P342 8 P P H P20 AD3 AD H P P404 86 Manufacturing and fabrication, heavy H59 P67 Manufacturing and fabrication, medium P67 P67 Manufacturing and fabrication, light P P P P N. INDUSTRIAL (Continued) Solid Waste/Recyclin| J Recycling collection and processing center P44 28 P3S 28 P3& 28 P3S 29 Recycling collection station P P P P P P P P P Sewage disposal and treatment plants H59 H Waste recycling and transfer facilities H59 P 0. UTILITIES Communication broadcast and relay towers H H H H H H H H HSS 29 H29 Hgg 29 H H H H H H Electrical power generation and cogeneration H H66 H66 H66 H66 H66 H66 H66 H66 H66 Ham radio antonna AB AB AD AD AD AD AB AB ---AB AB AB AB -AB AB AB Utilities, small P P P P P P P P P P P P P P P P P P P Utilities, medium AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Utilities, large H H H H H H H H H H H H H H H H H H H P. WIRELESS COMMUNICATION FACILITIES Amateur Radio AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 Antenna Lattice towers support structures H48 47 AD4 7 AD4 7 AD4 7 H48 47 H4S 42 AD47 H48 47 AD47 H48 47 Macro facility antennas AD4 6-P Am 6-P AD4 6-P AB4 6-P AB4 6-P AD4 6-P AB4 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 HAD HAD Micro facility antennas P P P P P P P P P P P P P P P P P P P Mini facility antennas P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 AD AD Minor modifications to existing wireless communication P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 facilities Monopole 1 support structures on private property AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 6-45 P44 P44 P44 AD4 6-45 P44 P44 AD4 6-45 P44 AD4 645 Monopole 1 support structures on public right-of-way AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 P44 P44 P44 P46 44 P44 P44 AD4 6-45 P44 AD4 645 Monopole II support structures H4S 47 AD4 7 AD4 7 AD4 7 H48 47 H4g 47 AD47 H4g 47 AD47 H48 4Z Parabolic antennas - Large AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 AD4 5 H46 45 P44 P44 P44 AD4 645 P44 P44 AD4 6-45 P44 AD4 6-45 Q. GENERAL ACCESSORY USES Accessory uses per RMC 4-2-050 and as defined in chapter 4- 11 RMC, where not otherwise listed in Use Table AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC R. TEMPORARY USES Model homes in an approved residential development: one model home on an existing lot P63 10 P10 P63 10 P63 10 P63 10 P63 10 P53 10 P5S 10 P53 10 P68 10 PS3 10 P53 10 Sales/marketing trailers, on-site P53 10 P63 10 P63 10 P6£ 10 P65 10 P6S 10 P63 10 P68 10 P6S 10 P5S 10 P63 10 P68 10 P63 10 P68 10 P68 10 P58 10 P6g 10 P10 P10 Storage yards P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 ORDINANCE NO. OR OI CL t-l| ufi OI CL rH| Cf) OI CL <H| Cf) OI CL <-H| CR OI CL <H| CR oi CL rH| Cf) OI CL <H| Cf) OI CL TH| ufi OI CL ^—If Cfi OI CL TH| CR OI CL *-H| Cf) OI CL *H| Cf) OI CL rH| Cf) OI CL T—l| ufi OI CL rH| Cf) OI CL r-H| Cf) OI CL -5—ll CR OI CL <-l| CR OI CL rH| c z f < £ < 1- I I i t > 4 2. : : £ > I bu i l d i n g s u s e d f o r co n s t r u c t i o n Te m p o r a r y u s e s ATTACHMENT A-Page 14 Attachment B Attachment D 111 :HutuiCTT"l 1^ ijssb?% \\ "fLJ / \ \ '— SWSimselBIvd : i ,, 7 pan Q ran qg np mir^ NN- —J-' !rrzzfL-1-!:~J LliJilr^j-j LJLj !lTQ hjrj p-| J dr? 'I -tr. Lt±—" Mill Ave S ail 3Hr i ml p fl—I—! •~'XZ3 riTp —of—-+-- X LI / ^7 | f^jX] SfT>rn City Center Sign Regulation Area iX>']fJrirLL v-J '-sUr if ' -.X / Community & Economic Development Bob Mac Onie November 7, 2012 PvE N TON Legend i Sign Regulation Area A 0 400 800 T a8ed-3iN3IAIHDVliV Applicant Agreement Statement (for wireless communication facilities) flflrlitmnai flnimalQ pprn^if Annexation (10% Notice of Intent) Annexation (60% Petition) Appeal Business License for Home Occupation1 Comp. Plan Map Amendment/Rezone Comp. Plan Map Text Amendment Conditional Approval Permit for a Nonconforming Structure Conditional Approval Permit for a Nonconforming Use IS Conditional Use Permit (Administrative) Ln Conditional Use Permit (Hearing Examiner) Critical Area Permit Environmental Review Environmental Review (Nonproject) Grade and Fill Permit (Special) Lot Line Adjustment Master Site Plan (Overall) Master Site Plan (Individual Phases) Mobile Home Park, Preliminary Mobile Home Park, Final Modification/Alternate Request Plat, Final Plat, Preliminary/Binding Site Plan PUD, Preliminary PUD, Final Rebuild Approval Pormit for a Nonconforming Structure Rebuild Approval Permit for a Nonconforming Use Rezone Routine Vegetation Management Permit Shoreline Exemption Shoreline Substantial Development Permit Shoreline Conditional Use Permit Shoreline Variance Short Plat, Preliminary Short Plat, Final/Binding Site Plan Site Plan Special Permit Temporary Use Permit9 Variance Waiver in fD fD 3 o o fD QJ in QJ fD in QJ 3 C Q. •< 3" rt> 3 T3 —\ O 'S' o 5" o QJ r+ fD Q. 5" a> a. fD era' 3 QJ <-+ LJ. fD O Q- 3 rp_ ro in in O O 3 3 c 3 n' QJ o o •D SJ. fD QJ in in 3" O £ 3 o~ fD_ o Z QJ 3 o_ QJ Q. 3 fD fD 3 fD CL ro o_ o era. o' QJ Q) QJ =: E ro' ^ ^ oo o r+ o <y> 3 c_ QJ o' 3 in 3 < fD 3 r+ o •< o -h m x in' 3* OQ co <-*•' fD in 3 3 c 3 NJ O o 3" fD —\ fD a- < QJ 3 fD 3 CL fD a. "-h O § < -i" in fD_ fD fD in in O O 3 3 c 3 n' QJ o" 3 3" fD fD 3 fD Q. Q) > —• -a E = fD n" in QJ , r+ > fD OQ QJ in fD > OQ -i fD fD 3 fD 3 r+ Ql fD fD 3 fD 3 i-+ CO r+ QJ r+ fD 3 fD 3 O -i fD ^ in in n o O O 3 3 c 3 n n QJ QJ O O 3 3 1,^91, 'ON BDNVNIQcIO Biological Assessment/ Critical Areas Study when proiect located in a designated floodplain 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Inventory of Existing Sites (for wireless communication facilities) 5* 5 5 Lease Agreement, Draft (for wireless communication facilities) 54 5 5 Photo Simulations (for wireless communication facilities only) 54 54 5 ro 2 O Ln o Ln