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HomeMy WebLinkAboutORD 6068CITY OF RENTON, WASHINGTON ORDINANCE NO. 6068 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; AMENDING CHAPTER 4-1 OF THE RENTON MUNICIPAL CODE; SUBSECTIONS 4-2-115.F.2, 4-4-055.A, 4- 6-060.J.1, AND 4-7-060.6 OF THE RENTON MUNICIPAL CODE; DEFINITIONS IN SECTIONS 4-11-010, 4-11-040, AND 4-11-140 OF THE RENTON MUNICIPAL CODE; AND SECTION 9-2-4 OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM 2019 TO 2022; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Renton Municipal Code Section 4-1-080, Interpretation, the Community and Economic Development Administrator ("Administrator') is authorized to make interpretations regarding the implementation of unclear or contradictory regulations; and WHEREAS, the Administrator recognized that the certain Renton Municipal Code regulations addressed in this ordinance contained unclear or contradictory language; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on January 7, 2022, 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 February 14, 2022 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. 1 ORDINANCE NO. 6068 SECTION II. Chapter 4-1 of the Renton Municipal Code is amended to a add a new section 4-1-270, to read as follows: 4-1-270 REASONABLE ACCOMMODATIONS AND MODIFICATIONS IN RESIDENTIAL HOUSING: A. PURPOSE AND APPLICABILITY: 1. This Section is enacted to authorize the Administrator to alter or waive provisions of this Title when necessary to reasonably accommodate the rights of the disabled and handicapped under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (or, ADA); the Fair Housing Act, 42 U.S.C. §§3601-19 (or, FHA); or the Washington Law Against Discrimination, chapter 49.60 RCW (or, WLAD) or when necessary to grant reasonable modification in accordance with such rights. 2. This Section shall apply in residential housing contexts. This Section shall not apply to activities that are solely commercial in nature. B. PROCESS FOR REASONABLE ACCOMMODATIONS AND MODIFICATIONS: 1. Any person who claims to have a disability or handicap within the meaning of the ADA, FHA, or WLAD, or someone acting on such person's behalf, who wishes to be excused from an otherwise applicable requirement of this Title on the basis of such disability or handicap may make a request for reasonable accommodation or modification to the Administrator. The request may be submitted in a form of the requestor's choosing, including by filling out a form made available by the Department. ORDINANCE NO. 6068 2. Upon receipt of a request for reasonable accommodation or modification, the Administrator is authorized to take responsive steps including obtaining additional information from the requestor. 3. The Administrator shall make a written decision in response to a request for reasonable accommodation or modification. In making such decision the Administrator is authorized to alter or waive the provisions of this Title in order to provide a reasonable accommodation or modification as necessary to provide equal opportunity to use and eniov a residential dwelling of choice. C. LIMITED APPLICABILITY TO BUILDING AND FIRE PREVENTION CODES: No request for reasonable accommodation or modification that seeks to alter or waive the City's building and fire prevention standards set forth in chapter 4-5 RMC shall be granted unless the alteration or waiver would substantially accomplish the purposes of those provisions without reduction of safety. The requestor shall have the burden of proof. D. REASONABLE ACCOMMODATIONS AND MODIFICATIONS PERSONAL TO THE REQUESTOR: Any reasonable accommodation or modification granted shall be personal to the requestor and shall not run with the land. Any permit granting a reasonable accommodation or modification may require discontinuation of the accommodation or modification and restoration of the impacted property or structure upon the accommodation or modification being no longer necessary to accommodate the rights of the requestor. Successors in interest who also require ORDINANCE NO. 6068 accommodations or modifications may separately make a request to retain any improvements previously permitted pursuant to this Section. E. APPEAL: The Administrator's decision on a request for reasonable accommodation or modification may be appealed to the Hearing Examiner in compliance with RMC 4-8-110. SECTION III. Subsection 4-2-115.F.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-115 remain in effect and unchanged. 2. Open Space: OPEN SPACE: Open space is a significant element in the design and livability of a cottage house development and should create opportunities for social interaction, community building, good physical health, and personal reflection. Common open areas and semi -private space are favored and prioritized over purely private space. Landscaping: See RMC 4-4-070, Landscaping. All zones Individual unit lots are exempt from RMC 4-4-070F3, Front Yard Trees Required When Street Trees Are Not Located Within the Right -of -Way Abutting a Front Yard. Standards for Common Open Space: Above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens, etc.) shall not be counted towards the common open space requirement. Required to provide common open space as follows: 1. For each unit in the development, three hundred fifty (350) square feet All zones of common open space shall be provided; ��' Open space shall be designed as a common green located within the development and shall include picnic areas, and spaces for passive 4 ORDINANCE NO. 6068 recreational activities such as outdoor cooking, picnicking, walking, biking, observing nature, and/or active recreational activities, such as playgrounds, bocce ball, and pielde bA a kleball: Open space(s) shall be accessible to all cottages. For sites one acre or 3-2. smaller in size, open space(s) shall be no less than thirty feet (30') in any dimension. For sites larger than one acre in size, open space(s) shall be no less than forty feet (40') in any dimension. For all sites, to allow for variation, open space(s) of less than the minimum dimensions (thirty feet (30') or forty feet (40'), as applicable) are allowed; provided, that no dimension is less than eight feet (8') in width and when all open spaces are averaged, the applicable dimension requirement is met; Grass-crete or other pervious surfaces may be used in the common 4-3. 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; and Common open space areas shall have a maximum slope of five percent 54. (5%); and Obstructions, such as retaining walls and fences, shall be strategically 6§. placed so as not to reduce usable open space. Standards for Private Yards: Each individual cottage shall have a private yard that is at minimum two All zones hundred fifty (250) square feet in size with no dimension less than eight feet (8') in width. Front yard porches and backyard patios and reciprocal use easements may be included in the calculation of private yard. Community Buildings: Developments with twenty-four (24) or more cottages are required to provide All zones at least one community building for indoor gatherings. Design elements, such as roof pitch, architecture, materials, and colors, shall be similar to that of the cottages within the development. Sidewalks and Pedestrian Easements: ORDINANCE NO. 6068 All of the following are required: Sidewalks shall be provided throughout the cottage house 1. development. The sidewalk may disconnect from the road, provided it continues in a logical route throughout the development; Front yards shall have entry walks that are a minimum width of four 2. feet (4'); and All zones Sidewalks shall be used to connect common open space, common 3. buildings, and to provide access to cottages. They shall be a minimum of four feet (4') in width and made of concrete, or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or paving blocks with planted joints. When possible, sidewalks connecting to parks and green spaces shall be located at the edge of the common open space to allow a larger usable green and easy access to cottages. SECTION IV. Subsection 4-4-055.A of the Renton Municipal Code is amended as shown below. All other provisions in 4-4-055 remain in effect and unchanged. 4-4-055 SHORT-TERM RENTALS: A. APPLICABILITY: The standards of this Section apply to the short-term rental of a dwelling unit or portion thereof. For the purposes of this Section, it shall be determined that a dwelling unit is being used as a short-term rental if the owner or person in charge of such real property eemmits any ef the fellewiRg aetieRs7- 1. d-vertises advertises their property for overnight accommodations rs:�:er�:rrt ' Engages on `heart- terr' ntals-4 for any period less than thirty (30) continuous days) thFee (3) eF FA9Fe time 9 ORDINANCE NO. 6068 B. REQUIREMENTS: 1. Business License: Owners of property used as a short-term rental must obtain a City of Renton Business License. 2.Owner-Occupancy: The dwelling must be owner -occupied if multiple parties rent at the same time. 3. Maximum Number of Guests: The number of guests, and owners or related family if the unit is owner -occupied during rentals, is limited to two (2) per bedroom. 4.Off-Street Parking: Off-street parking shall be provided pursuant to Title IV RMC. One additional space is required if the unit is owner -occupied. S. Safety Regulations: Property used as a short-term rental shall comply with applicable International Fire Code and Prevention Regulations (RMC 4-5- 070), and have a safety sign/map in each bedroom that shows the location of fire extinguishers, gas shut-off valves, and exits. 6. Property Maintenance: Property used as a short-term rental shall comply with International Property Maintenance Code (RMC 4-5-130). C. VIOLATIONS OF THIS SECTION AND PENALTIES: Any person in violation of this section shall be guilty of a misdemeanor, subject to RMC 1-3-1. SECTION V. Subsection 4-4-085.G of the Renton Municipal Code is amended as follows: G. VIOLATIONS AND PENALTIES: 7 ORDINANCE NO. 6068 Violations of this Section shall be enforced "--r erred `hall be guilty of , MisdeMeaReF, pursuant to chapter 1-10 RMC 1 3-1. SECTION VI. Subsection 4-6-06011 of the Renton Municipal Code is amended as shown below. All other provisions in 4-6-060.J remain in effect and unchanged. J. SHARED DRIVEWAY STANDARDS: 1. Where Permitted: Shared driveways may be allowed for access to no more than four (4) Arvl-fewer residentially zoned lots, and no more than four (4) residential units, the types of which are listed in RMC 4-2-060.C, provided: a. At least one of the f9UF (4 lots abuts a public right-of-way and the street frontage of the lot is equal to or greater than the lot width requirement of the zone; lots; b. The subject lots are not created by a subdivision of ten (10) or more c. A public street is not anticipated by the City of Renton to be necessary for existing or future traffic and/or pedestrian circulation through the short subdivision or to serve adjacent property; d. The shared driveway would not adversely affect future circulation to neighboring properties; length; and e. The shared driveway is no more than three hundred feet (300') in E ORDINANCE NO. 6068 f. The shared driveway poses no safety risk and provides sufficient access for emergency vehicles and personnel. SECTION VII. Subsection 4-7-060.6 of the Renton Municipal Code is amended as follows: B. PRINCIPLES OF ACCEPTABILITY: A lot line adjustment shall be consistent with the following principles of acceptability: 1. Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments; 2. Improving: Create better lot design, or improve vehicular access to a public street; 3. Approval Criteria: a. An additional lot, parcel or tract shall not be created; and b. The subject lots, parcels or tracts are within the same zoning district; and c. The proposed adjustments shall not cause the lots, parcels or tracts to increase the nonconformity with respect to applicable zoning (see RMC 4-2), subdivision and other code requirements pertaining to lot design, building location, and development standards; and d. The adjusted lot line(s) is shared by the subject lots. 4. Non -Evasive: Lot line adjustments shall not serve to eliminate or circumvent any state or local requirements, including but not limited to frontage 9 ORDINANCE NO. 6068 improvements, payment of fee -in -lieu, payment of latecomer fees or the installation of required infrastructure. a. Assessment of fees, right-of-way dedication and frontage improvements forthe entire length ofthe property line(s) bordering rights -of -way may be required as a condition of approval for a lot line adjustment. b. Lots, parcels or tracts that are increased in area by lot line adjustments shall not be permitted to be subdivided for five (5) years following the date upon which the lot line adjustment is recorded or three (3) years following the approval of a lot line adjustment, whichever is longer, unless the following is met: i. The subdivision application includes all lots, parcels and tracts involved in the lot line adjustment in the overall subdivision; or ii. All required infrastructure, including but not limited to frontage improvements, required infrastructure and utility lines are constructed along the frontage of all lots included in the lot line adjustment. SECTION VIII. The definition of "Adult Family Home" in section 4-11-010 of the Renton Municipal Code is amended as shown below. All other definitions in 4-11-010 remain in effect and unchanged. ADULT FAMILY HOME: A state -licensed facility providing personal care, room and board within a dwelling unit to more than one person, but not more than four (4) adults, not related by blood or marriage to the person(s) providing the service. A maximum of si* eight (68) adults may be permitted if the Washington State 10 ORDINANCE NO. 6068 Department of Social and Health Services determines the home is of adequate size and the home and provider are capable of meeting standards and qualifications as provided for in chapters 70.128 RCW and 388-76 WAC. SECTION IX. The definition of "Dwelling, Attached" 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, ATTACHED: A dwelling unit connected to one or more dwellings by common roofs, walls, or floors or a dwelling unit or units attached to garages or other nonresidential uses. This definition includes assisted living facilities but excludes boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. Attached dwellings include the following types: A. Flat: A dwelling unit attached to one or multiple dwelling units by one or more common roof(s), wall(s), or floor(s) within a building. Typically, the unit's habitable area is provided on a single level. Unit entrances are provided from a common internal corridor. B. Townhouse: A gF9WRd Felat dwelling unit attached to one or more such units by one or more common vertical walls in which each unit occupies the building from the bottom of the foundation to the roof, has at least two As vwFi exterior faces, front and rear ground -level access to the outside, and no unit is located over another unit, and ^,e" w ^'+ is sepaFated {F^^^ any etheF U ^i* by eRe Townhouse units may be multi -story. 11 ORDINANCE NO. 6068 C. Carriage House: One or more dwelling units built above one or more private garage(s). The attached garage(s) typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. This definition does not include accessory dwelling unit. D. Garden Style Apartment(s): A dwelling unit that is one of several stacked vertically, with exterior stairways and/or exterior corridors and surface parking. Parking is not structured and may include detached carports or garages. Buildings and building entries are oriented toward internal drive aisles and/or parking lots and not street frontage. There is typically no formal building entry area connected to a public sidewalk and a public street. Site planning may incorporate structures developed at low landscaped setbacks. SECTION X. The definitions of "Nonconforming Site" and "Nonconforming Structure" in section 4-11-140 of the Renton Municipal Code are amended as shown below. All other definitions in 4-11-140 remain in effect and unchanged. NONCONFORMING SITE: A Jet site that does not conform to development regulations related to the characteristics or features of the site a 4 or the facilities/infrastructure provided thereon including, but not limited to, vegetation conservation, storm drainage facilities, shoreline stabilization, landscaping, parking, vegetative screening, driveways, impervious surface coverage, pedestrian amenity, the type and/or number of structures (i.e., more accessory buildings than allowed), and other regulations of the district in which it is located due to changes in code requirements, or annexation. 12 ORDINANCE NO. 6068 NONCONFORMING STRUCTURE: A lawfully established structure that does not comply with the current development standards (yard setbacks, design standards, height, number of dwellings in a multifamily building, etc.) for its zone, but which complied with applicable regulations at the time it was established. Such structures may or may not be in compliance with other relevant building codes and regulations. SECTION XI. Section 9-2-4 of the Renton Municipal Code is amended as follows: 9-2-4 FEE DETERMINED: When an application is approved, the Community and Economic Development Administrator or designee shall determine a nonrefundable fee as established -by ^r--P for the temporary use of the right-of-way or granting of a permanent easement. The fee shall be as stipulated in Q""G ^ ' 18 the City of Renton Fee Schedule. SECTION XII. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. SECTION XIII. 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. 13 ORDINANCE NO. 6068 SECTION XIV. 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 June, 2022. �P!_I.a?F/,L/I M l"M APPROVED BY THE MAYOR this 13th day of June, 2022. Approved as to form: Shane Moloney, City Attorney Date of Publication: June 16, 2022, (Summary) ORD-CED:2211:4/12/22 y, T REN�j 0,#00 `,`�����a�onnq�% 0 yA. x y ci A * SEAL '1%,3 0R-4TED Ste" 14