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Home My WebLink AboutORD 6046CITY OF RENTON, WASHINGTON ORDINANCE NO. 6046 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-4-080.A.7 AND 4-4-080.F.10.d, SECTION 4-9-030, AND THE DEFINITION OF "DWELLING UNIT, ACCESSORY" IN SECTION 4-11-040 OF THE RENTON MUNICIPAL CODE, AMENDING ACCESSORY DWELLING UNIT (ADU) REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 30, 2021, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on August 18, 2021, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-2-080.A.7 of the Renton Municipal Code is amended as follows: 7. Accessory dwelling units (ADUs) maybe allowed as an accessory use to a detached single-family dwelling or a principal building actively operated with a non-residential use by a religious institution or social service organization. ADUs 1 ORDINANCE NO. 6046 shall be consistent with the architectural character of the primary residential structure. Unless owner occupancy is not required as a result of the c-Conditional oUse p. ermit process (see RMC 4-9-030_H), prior to the issuance of building permits the property owner shall (a) file an affidavit with the City affirming that the owner will live on site, occupying the primary dwelling or ADU; and (b) record a notice on the property title that the owner will occupy the site, and bearing the notarized signature of all property owners listed on the property title and 6neluding and which includes at a minimum: the legal description of the property, a copy of the approved site/floor plan, and the applicability of the restrictions and limitations regarding ADUs in RMC Title IV. When ADUs are proposed as accessory uses to non-residential uses, the following shall apply: a. All proposals shall require a Conditional Use Permit (see RMC 4-9- 030.J) prior to building permit issuance. b. The maximum number of ADUs accessory to an allowed non- residential use shall not exceed a maximum of three (3) units. Aggregate ADU size is limited to three thousand (3,000) square feet and one thousand (1,000) square feet per unit. c. Except for when an ADU location is proposed in the rear yard of the principal building, the setback requirement adopted for single-family residential development shall apply. rJ ORDINANCE NO. 6046 d. If a primary residential structure is present or proposed, ADU development shall adhere to RMC 4-2-110.C. SECTION III. The row entitled "Accessory dwelling unit" in Residential Uses Outside of Center Downtown Zone in subsection 4-4-080.F.10.d of the Renton Municipal Code is amended as shown in the excerpt of 4-4-080.F.10.d, below. All other provisions in 4-4-080.F.10.d remain in effect and unchanged. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Accessory I When accessory to a single-family residence, 1 per unit is required. A dwelling unit: I maximum of 2 per unit is allowed. ADUs accessory to non-residential uses are exempt from additional parking when current parking capacity exceeds the minimum parking requirement for the primary use, otherwise 1 per unit is required. ADUs located within 1/4 mile of a mass transit facility, as defined in RMC 4-2- 080, shall be exempt from off-street parking requirements. SECTION IV. Section 4-9-030 of the Renton Municipal Code is amended to add a new subsection 4-9-030.1, to read as shown below. The subsection currently codified as 4-9-030.1 shall be re -lettered as 4-9-030.J and the subsection currently codified as 4-9-030.J shall be re -lettered as 4-9-030.K, respectively. All other provisions in 4-9-030 shall remain in effect and unchanged. I. DECISION CRITERIA — ACCESSORY DWELLING UNIT (ADU) AND NON- RESIDENTIAL USES In addition to the criteria in subsection D of this Section. Decision Criteria, the following criteria in subsections 1.1 through 1.2 of this Section apply to the use of ADUs when accessory to a principal building actively operated with a non- residential use by a religious institution or social service organization. ORDINANCE NO. 6046 If the property owner is unable or unwilling to fulfill the requirements below, or if a change of use is proposed that would result in nonconformity, then the owner will remove those features of the accessory dwelling unit that make it a dwelling unit; as determined by the Administrator. 1. Affordability: ADUs must be reserved for income -restricted affordable housing, as defined by RMC 4-11-010, Definitions, A. The affordable housing development must be used exclusively for affordable housing purposes for at least fifty (50) years or the life of the development. 2. Notice(s) on Property Title: The applicant/property owner shall be required to record the following notices on the property title: a. Summary detailing the terms of the affordability requirement, as directed by the Administrator. b. Compliance with all applicable fair housing regulations and antidiscrimination laws, including but not limited to the federal Fair Housing Act and Washington State Human Rights Commission regulations, and tenant protection ordinances shall be followed. SECTION V. The definition of "Dwelling Unit, Accessory" in section 4-11-040 of the Renton Municipal Code is amended as shown below. All other definitions in 4-11-040 remain in effect and unchanged. DWELLING UNIT, ACCESSORY: An independent subordinate dwelling unit that is located on the same lot as, but not within, either a single=family dwelling or a n W ORDINANCE NO. 6046 principal building actively operated with a non-residential use by a religious institution or social service organization. This may include units over detached garages. SECTION VI. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 13th day of December, 2021. — 4-IJIX1. Jason . Seth, Ci lerk APPROVED BY THE MAYOR this 131h day of December, 2021. Approved as to form: Shane Moloney, City Moloney, City Attorney Date of Publication: 12/16/2021 (Summary) ORD:2199:11/30/21 otWo Pavone, Mayor 0 F R etv SEAL = *" 5