HomeMy WebLinkAboutORD 3463 Amends #3101
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Amended by Ordinance No.
CITY OF RENTON, WASHINGTON 4035,4523, 4648, 4835
ORDINANCE NO. 3463
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
AMENDING PORTIONS OF CHAPTER 7 OF TITLE IV
(BUILDING REGULATIONS) OF ORDINANCE NO. 1628
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON" RELATING TO ZONING.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I: Existing sub-sections (F) and (G) of Section 4-722 of Title IV
(Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of
the City of Renton" are hereby amended to read as follows:
Section 4-722 (F), as amended: Conditional Use Permits: Upon proper
application, the Hearing Examiner may grant conditional permits for such uses as
require them under this Title.
1. Purpose of a Conditional Use Permit: The purpose of a conditional use
permit shall be to assure, by means of imposing special conditions and requirements
on development, that the compatibility of uses, a purpose of this Title, shall be
maintained, considering other existing and potential uses within the general area of
the proposed use. The Examiner may deny any application if the characteristics of
the intended use would create an incompatible or hazardous condition. Except as
provided in Section 4-722 (F) (3) (m), the Hearing Examiner shall not use a conditional
use permit to reduce the zoning requirements of the zone in which the use is to locate.
Such reduction of requirements shall be accomplished only through the medium of a
variance. The Examiner shall have the right to limit the term and duration of any
such conditional use permit and may impose such conditions as are reasonably necessary
and required. The conditions imposed shall be those which will reasonably assure that
nuisance or hazard to life or property will not develop.
2. Additional uses permitted: The Examiner may, after a public hearing,
permit the following uses in districts from which they are prohibited by this Chapter
where such uses are deemed essential or desirable to the public convenience or welfare
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and are in harmony with the various elements or objectives of the Comprehensive Plan:
a) Cemetery, columbarium, crematory or mausoleum
b) Development of natural resources (excluding the drilling for or producing
of oil, gas or other hydrocarbon substances) together with the necessary
buildings, apparatus, or appurtenances incident thereto.
c) Educational institution, public or private
d) Government offices and facilities (Federal, State and Local)
e) Hospital, sanitarium or similar uses.
f) Public or non-profit library or museum
g) Nursery or greenhouse
h) Park, playground, or recreational or community center
i) Philanthropic institution
j) Private club, fraternal or non-profit organization
Q Public utility use or structure
1) Radio or television transmitter
m) Permit a less restricted use in a more restricted district as follows,
provided such use, due to its limited nature, modern devices, or building
design will be no less objectionable than the uses permitted in such
district:
i) any B-District use in the P-1 District
ii) any L-1 District use in the B-1 District
iii) any H-1 District use in the L-1 District
3. Considerations, Finding and Determination: In reviewing Conditional Use
Permit applications, the Hearing Examiner shall be empowered to approve, conditionally
approve or disapprove said Conditional Use Permit applications based on normal Planning
considerations, including but not limited to the following factors:
a) suitability of site;
b) conformance to the Comprehensive Plan;
c) harmony with the various elements or objectives of the Comprehensive
Plan;
d) the most appropriate use of the land through the City;
e) stabilization and conservation of the value of the property;
f) traffic flow;
g) circulation;
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h) safety for vehicular and pedestrian traffic;
i) imposition of noises, odors and health and safety hazards upon nearby
residential area;
j) provision of adequate light, air and reasonable access;
Q securing safety from fire and other dangers;
1) prevent overcrowding of land;
m) facilitating adequate provision for transportation and in general, to
promote the public health, safety, and welfare;
n) prevention of neighborhood deterioration and blight;
o) the objectives of zoning and planning in the community;
P) the effect upon the City's general welfare of this proposed use in relation
to surrounding uses and the community.
Section 4-722 (G), as amended: Variances.
1. The Hearing Examiner shall have authority to grant variances from the
provisions of this Title where the proposed development requires or required any permit
or approval as set forth in Chapter 30, Title IV. The Board of Adjustment shall have
authority to grant variances from the provisions of this title upon application to the
Building Department where no approval or permit is required for the proposed
development which must be granted by the Examiner pursuant to Chapter 30, Title IV.
The Board of Adjustment shall have no authority to vary the terms or conditions of
any permit, recommendation or decision issued by the Hearing Examiner.
2. A property owner, or his duly authorized agent may file an application
for a variance which application shall set forth fully the grounds therefor and the
facts deemed to justify the granting of such variance. Notice of the application shall
be given in the following manner:
a) In the case of a variance application to the Hearing Examiner the
provisions of Chapter 30,Title IV shall apply. In the case of an application
for variance to the Board of Adjustment, the application shall be
considered at a public hearing, the date of which shall be not more than
forty-five (45) days from the date of filing and acceptance of such
application.
b) Notice of the time and place of public hearing shall be given in at least
one publication in the City's legal newspaper which publication shall be
not less than ten (10) days prior to the date of said public hearing; in
addition thereto three (3) written notices of such public hearing shall be
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posted, at least ten (10) days prior to such hearing, within, on or about
the subject premises and if such premises contain any structures or
building, then at least one of such notices shall be posted on such
structure or building.
c) If for any reason testimony in any manner set for public hearing, or
being heard, cannot be completed on date set for such hearing, the
person presiding at such public hearing or meeting may, before
adjournment or recess of such matters under consideration, publicly
announce the time and place to and at which said meeting will be
continued, and no further notice of any kind shall be required.
d) Any notice of hearing pertaining to any variance shall set forth with
reasonable certainty the description of the property under consideration,
the nature of the proposed change or use, and the time and place of
such public hearing.
3. The Hearing Examiner or Board of Adjustment, as the case may be, shall
have authority to grant a variance upon making a determination in writing that the
conditions specified below have been found to exist:
a) That the applicant suffers undue 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 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 situtated.
c) That approval shall not constitute a grant of special priviledge inconsistant
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 Examiner or Board of Adjustment
is a minimum variance that will accomplish the desired purpose.
4. The Hearing Examiner or Board of Adjustment may prescribe any
conditions upon the variance deemed to be necessary and required. Any variance
granted by the Board of Adjustment, unless otherwise specified in writing, shall become
null and void in the event that the applicant or owner of the subject property for
which a variance has been requested has failed to commence construction or otherwise
implement effectively the variance granted within a period of two (2) years after such
variance has been issued. For proper cause shown, an applicant may petition the Board
of Adjustment for an extension of the two (2) year period, specifying the reasons
therefor. The Board of Adjustment may extend the time limit, but such extension
shall not exceed one additional year in any event. Any variance granted by the Hearing
Examiner shall expire pursuant to the provisions of Chapter 30, Title IV.
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SECTION II: Existing Section 4-722 of Title IV (Building Regulations) of
Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is
hereby amended by adding the following sub-section:
Section 4-722 (H): The following filing fees are established as non-refundable
fees to be used to defray the cost of posting and processing, and the proceedings in
connection with a petition or application. The fees shall not be applicable to any
governmental agency or political subdivision appearing as petitioner or applicant.
1) For rezone, a minimum fee of one hundred dollars ($100,00) plus ten
dollars ($10.00) per acre.
2) For conditional use permit,a minimum fee of one hundred dollars ($100.00)
plus ten dollars ($10.00) per acre.
3) For special permit, a minimum fee of one hundred dollars ($100.00) plus
ten dollars ($10.00) per acre; in case of special permits under the City's
Mining, Excavation and Grading Ordinance (Chapter 23 of Title IV) the
filing fee shall be one hundred dollars ($100.00) plus twenty five dollars
($25.00) per acre.
4) For temporary permits, a minimum fee of one hundred dollars ($100.00)
plus ten dollars ($10.00) per acre.
5) For variance permit, a filing fee of fifty dollars ($50.00) which shall be
paid at the time of filing of application for such approval.
6) For site approval, a minimum fee of one hundred dollars ($100.00) plus
five dollars ($5.00) per acre.
SECTION III: Existing Section 4-725 of Title IV (Building Regulations) of
Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is
hereby amended to read as follows:
Section 4-725, as amended: AMENDMENTS:
a) The Council may upon proper petition or upon its own motion, after a
public hearing thereon and referral to and report from the City Hearing
Examiner, change by ordinance the zoning classifications as shown on
the district maps.
b) The Council may upon its own motion after public hearing and referral
to and report from the City Planning Commission, amend, supplement
or change by ordinance the regulations herein established.
c) An application for a rezone of property may be made by the property
owner, or somebody authorized on his behalf on forms provided by and
filed with the Planning Department. Such application shall be referred
to the Hearing Examiner for hearing as required by Chapter 30, Title
IV. All petitions for a rezone shall be accompanied by a plat in duplicate,
drawn to scale, showing the actual dimensions of the tract to be changed,
the size, the use and location of existing buildings and buildings to be
erected and such other pertinent information as may be required by the
Planning Department.
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d) A petition for a change of zoning reclassification, seeking the same or
substantially same relief as a prior petition, cannot be refiled or
re-submitted with the Hearing Examiner or the City Council, for a period
of twelve (12) months from the date of final disapproval or rejection of
such prior petition.
SECTION IV: Existing subsections (C) and (D) 1 of Section 4-729 of Title IV
(Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of
the City of Renton" are hereby amended to read as follows:
Section 4-729 (C), as amended: Permitted Uses: In a "G" District, the following
uses only are permitted:
Any use permitted in "11-1", "SR-1" and "S-111, Use Districts, subject however,
to all requirements, restrictions and limitations applicable to the respective
uses in such Districts as set forth in this Chapter.
Section 4-729 (D) 1, as amended: (D) Lot Area: In a "G" District, the
following lot area requirements shall apply:
1. For uses permitted in "11-1", "SR-1", and 'S-1" Districts the minimum
required lot area shall be thirty five thousand (35,000) square feet except
as hereinafter provided.
SECTION V: Existing Section 4-731 of title IV (Building Regulations) of
Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is
hereby amended to read as follows:
Section 4-731, as amended: BOARD OF ADJUSTMENT:
(A) Powers and Duties. The Board of Adjustment shall have authority to
hear applications for variances pursuant to Section 4-722 (G).
(B) Board of Adjustment shall Announce Findings and Decisions. Not more
than thirty (30) days after the termination of the proceedings of the public hearing
on any variance, the Board of Adjustment shall announce its findings and decision. If
a variance is granted, the record shall show such conditions and limitations in writing
as the Board of Adjustment may impose.
(C) Notice of Decision of Board of Adjustment. Following the rendering of
a decision on a variance application, a copy of the written order by the Board of
Adjustment shall be mailed to the applicant at the address shown on the application
and filed with the Board of Adjustment and to any other person who requests a copy
thereof.
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s e I
(D) Effective Date of Decision; Appeal to Court. The action of the Board
of Adjustment shall be final and conclusive, unless within ten (10) days from the date
of the action the original applicant or an adverse party applies to the King County
Superior Court for a writ of review.
(E) Record of Decision. Whenever a variance is approved by the Board of
Adjustment, the Department of Public Works shall forthwith make an appropriate record
and shall inform the administrative department having jurisdiction over the matter.
SECTION VI: This ordinance being necessary for the preservation of the public
peace, health and safety shall take effect and be in force and effect upon its passage,
approval and five days after its publication.
PASSED BY THE CITY COUNCIL this 11th day of August , 1980.
Maxine E.-Motor, Deputy City Clerk
APPROVED BY THE MAYOR this 11th day of August , 1980.
Barbara Y. Shin ch, Mayor
Approved as to form:
64"9 r4µ 6"."
Lawrence J. WarrM, City Attorney
Date of Publication: August 27, 1980
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