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HomeMy WebLinkAboutDR Full Code - JulyDEVELOPMENT REGULATIONS Title 4 REVISED AND COMPILED ORDINANCES City of RENTON WASHINGTON 1998 Code Publishing Company 9410 Roosevelt Way NE Seattle, Washington 98115-1164 Telephone: 206-527-6831 Fax: 527-8411 E-mail: codepublishing@qwest.net Contact Renton City Clerk Division at 425-430-6510 with questions concerning the City Code. CITY OF RENTON INCORPORATED SEPTEMBER 6, 1901 CITY OF RENTON MISSION STATEMENT The City of Renton, in partnership with residents, business and government, is dedicated to: Providing a healthy atmosphere in which to live and raise families, encourage responsible growth and economic vitality, and create a positive work environment; Resulting in a quality community where people choose to live, work and play. (Revised 8/14) PREFACE Citation to the Renton Development Regulations: This code contains all the provisions of Title 4 of the Renton Municipal Code and should be cited as RMC; i.e., “see RMC 4-10-010.” An RMC chapter should be cited chapter 4-10 RMC. An RMC section should be cited RMC 4-10-010. Through references should be made as RMC 4-10-010 through 4-10-040. Series of sections should be cited as RMC 4-10-010, 4-10-020, and 4-10-030. Page and section numbering system: The page numbering system for these regulations does not run sequentially from the first page of the document to the last. Instead, page numbering begins with the number of the chapter followed by a page number. Each chapter starts with a Table of Contents listing the provisions found in the chapter by page number. These Table of Contents pages themselves are numbered with lowercase Roman numerals. For example, the first page of the Table of Contents of the first chapter is 1-i; the first page of text of the first chapter is 1-1; the tenth page is 1-10. The first page of the Table of Contents of the second chapter is 2-i; the first page of text is 2-1, and so on to the end of the document. As the Development Regulations are supplemented and pages are added, a decimal numbering and lettering system is used to allow for expansion of existing chapters. A detailed directions page is included with each supplement. The section numbering system used in the Development Regulations operates in the following manner: Legislation: The legislative source of each section is enclosed in parentheses at the end of the applicable section or subsection. References to ordinances are abbreviated and a semicolon between ordinance citations indicates an amendment of the earlier section; thus “(Ord. 4638, 4-4-94; Amd. Ord. 4654, 6-5-94)” refers to Ordinance No. 4638 as amended by Ordinance No. 4654. Index: The Development Regulations index follows Chapter 4-11. The index includes com- plete cross-referencing and is keyed to the section and subsection numbers described above. Errors or omissions: Although considerable care has been used in the production of this code, it is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is requested that a note citing the section involved and the nature of the error be e-mailed to: CPC@codepublishing.com, so that correction may be made in a subsequent update. Computer access: CPC supports a variety of electronic formats for searching, extracting, and printing code text. Contact the publisher for more information. 4 10 010 A1a(i) title of Renton Municipal Code chapter of title section of chapter subsections –– This Supplement No. 51 brings the Renton Development Regulations up to date through 5719, passed July 14, 2014. 1 - i (Revised 8/14) Chapter 1 ADMINISTRATION AND ENFORCEMENT CHAPTER GUIDE: Chapter 4-1 RMC provides the framework for Title 4 in terms of identifying the City’s authority to adopt development regulations, stating the relationship and consistency of the development regulations with the Comprehensive Plan, providing for interpretation and enforcement of the develop- ment regulations, listing fee information, and referencing violation and penalty consequences. This Chapter last amended by Ord. 5718, June 23, 2014. SECTION PAGE NUMBER NUMBER 4-1-010 TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-020 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-030 AUTHORITY TO ADOPT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-1-045 VESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Vesting Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Vesting of Building Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Vesting of Land Use Permit Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F. Duration of Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 G. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 H. Waiver of Vesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Voluntary Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Major Plat Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-1-050 ROLES AND RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-1-060 COMPREHENSIVE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Purposes of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Description of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Plan Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Required Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Optional Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Land Use Element Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 D. Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN . . . . . 5 A. Consistency Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Instruments Implementing the Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . 5 1. Title 4 – Development Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Title 8 – Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Title 10 – Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-1-080 INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Administrative Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Zoning Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Conflicts and Overlaps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION PAGE NUMBER NUMBER (Revised 8/14)1 - ii C. Interpretation of Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. More Restrictive/Higher Standards to Govern . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. (Repealed by Ord. 5606, 6-6-2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-090 LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. City Officer or Employee Not Liable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Liability of Owner or Builder Not Reduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Disclaimer of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-100 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Responsibility and Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-1-110 VIOLATIONS AND PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A. Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Remedies and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Refusal of Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Provisions of RMC 1-3-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Recovery of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. Initiation of Proceedings Against Violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 D. Authority to Revoke or Modify a Permit or Land Use Approval . . . . . . . . . . . . . . 8 E. Criteria for Permit Suspension, Revocation or Modification. . . . . . . . . . . . . . . . 8.1 F. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 4-1-120 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 4-1-130 TITLE NOT EXCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 A. Authority to Refund Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 B. Amount Refunded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 1. Land Use Permit Application Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 2. Building and Public Works Application Fees . . . . . . . . . . . . . . . . . . . . . . . . 8.1 C. Method of Obtaining Refund and Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 4-1-150 (Repealed by Ord. 5509, 11-23-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2 4-1-160 SCHOOL IMPACT MITIGATION FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2 A. Findings and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2 B. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2 C. School Impact Fee Program Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 D. School Impact Fee Calculations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 E. Assessment of School Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 F. Exemptions and Credits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 G. Appeals and Independent Calculations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 H. The School Impact Fee Account, Uses of School Impact Fees, and Refunds. . 12 I. Interlocal Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 J. Adoption of Each School District’s Capital Facilities Plan and Submission of the Annual Updates and Report and Data . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 K. Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14/18 L. Special Funds Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14/18 SECTION PAGE NUMBER NUMBER 1 - iii (Revised 3/13) M. City Not Responsible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14/18 N. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14/18 4-1-170 (Repealed by Ord. 5676, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4-1-180 CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 A. Privately Held Latecomer’s Fees and Special Assessment District (Formerly Known as City Held Latecomer’s) Fees. . . . . . . . . . . . . . . . . . . . . . . 19 1. Applicability of Privately Held Latecomer’s Fee . . . . . . . . . . . . . . . . . . . . . . 19 2. Applicability of Special Assessment District Fee . . . . . . . . . . . . . . . . . . . . . 19 3. Exemptions for Latecomer’s or Special Assessment District Fees . . . . . . . 19 a. Segregation of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 b. Relief Due to Two (2) Similar Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 19 c. Relief Due to Future Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 d. Reallocation of Assessment Due to Subdivision of Property . . . . . . . . . 20 B. System Development Charges (SDC) – Water, Wastewater and Storm Water. 20 1. Applicability of System Development Charge. . . . . . . . . . . . . . . . . . . . . . . . 20 2. Exemptions to System Development Charge. . . . . . . . . . . . . . . . . . . . . . . . 22 a. Installation of an Irrigation Meter Solely for the Purpose of Providing Irrigation Water to City Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 b. Exemption for City-Owned Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 c. Storm Water Exemption for Infiltration Facility . . . . . . . . . . . . . . . . . . . . 22 d. Storm Water Exemption for Direct Discharge to Lake Washington . . . . 23 C. Segregation Criteria and Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Segregation by Plat or Short Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Segregation by Administrative Determination . . . . . . . . . . . . . . . . . . . . . . 23 a. Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Segregation of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Segregated Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 d. Remnant Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 e. Determination of Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 f. Full Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 g. Developed Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 h. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Segregation by Latecomer’s Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-1-190 IMPACT FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C. Findings and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 D. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 E. Establishment of Service Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 F. Impact Fees Methodology and Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 G. Collection of Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 H. Independent Fee Calculations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 I. Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 J. Credits for Dedications, Construction of Improvements, and Past Tax Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 K. Adjustments for Future Tax Payments and Other Revenue Sources . . . . . . . . 30 SECTION PAGE NUMBER NUMBER (Revised 3/13)1 - iv L. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 M. Establishment of Impact Fee Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 N. Administrative Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 O. Refunds and Offsets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 P. Use of Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Q. Review and Adjustment of Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 R. Administrative Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 S. Existing Authority Unimpaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4-1-200 EXTRA FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4-1-210 WAIVED FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 B. Owner-Occupied Housing Incentive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2. Eligibility Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3. Applicable Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4. Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 5. Restrictive Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6. Cancellation of Covenant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 7. Effective Date and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Rental Housing Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 3. Eligibility Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 4. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 5. Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.1 6. Restrictive Covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 7. Cancellation or Modification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 8. Effective Date and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS . . . . . . . . . . . . . . . . . . . 34.2 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 B. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.2 C. Tax Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1. Duration of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2. Limits on Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. Project Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 a. Sunset Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. Downtown. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2. Size and Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3. Exception for Existing Residential Structure . . . . . . . . . . . . . . . . . . . . . . . . 36 4. Completion Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 E. Application Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 1. Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.1 2. Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3. Deadline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 SECTION PAGE NUMBER NUMBER 1 - v (Revised 8/14) F. Application Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1. Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2. Contract Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3. Issuance of Conditional Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 G. Application Denial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 H. Amendment of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 I. Extension of Conditional Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 2. Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/40 3. Denial – Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 J. Final Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 2. Determination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3. Filing with County Assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4. Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 5. Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 K. Annual Certification and Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 L. Cancellation of Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 3. Change of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 M. Sunset of Exemption for Applications for Conditional Certificates . . . . . . . . . . 43 4-1-230 SURETIES AND BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 A. City Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 B. Types of Security Accepted for Public Works Construction Permits and Future Public Works Street/Utility Maintenance Requirements. . . . . . . . . . 43 C. Types of Security Accepted for All Other Purposes . . . . . . . . . . . . . . . . . . . . . . 43 D. Security Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 1. Payable to City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2. Security Requirement Binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3. Purpose of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 5. Effect of Lapse of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6. Transfer of Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 7. City Approval Required Prior to Transfer of Responsibility . . . . . . . . . . . . . 44 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 9. Proceeding Against Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 10. Release of Sureties for Private/On-Site Improvements . . . . . . . . . . . . . . . 44 11. Release of Sureties for Public Improvements . . . . . . . . . . . . . . . . . . . . . . 44 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 45 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 SECTION PAGE NUMBER NUMBER (Revised 8/14)1 - vi B. Public Trail or Park Improvements or Fee-In-Lieu for Common Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1. Public Trail Improvement in Lieu of Common Open Space . . . . . . . . . . . . . 45 2. Public Park Improvement in Lieu of Common Open Space. . . . . . . . . . . . . 45 3. Fee in Lieu of Common Open Space. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 4-1-250 MARIJUANA REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 B. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 C. Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 D. License Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 E. Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4-1-045C 1 - 1 (Revised 3/13) 4-1-010 TITLE: This Title shall be known as the City of Renton Development Regulations. 4-1-020 PURPOSE: It is the intent of the Renton City Council that these regulations implement the City’s policies adopted in the City’s Comprehensive Plan in compliance with the Washington State Growth Management Act (GMA) and implement the re- quirements of the State’s Regulatory Reform Act, which has a primary goal of integrating environ- mental review with project review. 4-1-030 AUTHORITY TO ADOPT REGULATIONS: The City of Renton Development Regulations are adopted by City ordinance pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act and chapter 36.70B RCW. (Ord. 4722, 5-11-1998) 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED: (RESERVED) 4-1-045 VESTING: A. PURPOSE: The purpose of this Section is to implement state laws that provide for vesting. This Section is in- tended to provide property owners, permit appli- cants, and the general public assurance that regulations for project development will 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 de- velopment regulations and current land use con- trols 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 – Consider- ation of application for preliminary plat or short plat approval – Requirements defined by local or- dinance) as they exist or may be amended. The vested rights doctrine shall not be applied more broadly than its intended scope. C. VESTING APPLICABILITY: 1. This Section applies to, and vesting oc- curs with, the filing of a complete application and permit approvals required by the City of Renton pursuant to Title IV, including and lim- ited to: a. Building permits (including but not limited to combo permits, grading li- censes, and sign permits); b. Preliminary plats, final plats, short plats; c. Shoreline development permits; d. Conditional use permits; and e. Any other land use permit application that is specifically identified by the Wash- ington State legislature as being covered by vested rights doctrine. 2. Vesting does not apply to the following: a. Incomplete, invalid, inaccurate or de- fective building permit applications; b. Fees or taxes, including, but not lim- ited to, impact fees; c. Pre-application plans; d. Any other application or permit not specifically identified in this subsection C, 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 commu- nity. The City’s exercise of police power to protect the public health and safety, and/or general welfare immediately extin- guishes any “vested right.” 4-1-045D (Revised 3/13)1 - 2 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: Supple- mental information required after an applica- tion 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 applica- tion when such revisions would result in a substantial change in the basic site design plan, intensity, density, or similar factors, in- volving 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 subsection C of this Section, as it exists or may be amended, excluding building permits. 1. Consistency Review: Applications shall be reviewed for consistency with the applica- ble 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 ap- plicant may submit a separate construc- tion or utility permit application simultaneously with any application de- scribed in subsection C of this Section, 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 ap- plication 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 4-8-120A, B and C, as they exist or may be amended, and any site- specific information identified in a pre-ap- plication meeting summary. c. The application or approval of a con- struction 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 develop- ment regulations used in the review of applications described in subsection C of this Section, as it exists or may be amended. 3. Effective Regulations: An application shall be subject to all development regula- tions in effect on the vesting date. 4. Identified Development: An application that is deemed complete is vested for the specific use, density, and physical develop- ment identified in the application. 5. Applicable Standards: Applications submitted that are not listed in subsection C of this Section, as it exists or may be amended, shall be governed by the stan- dards applicable to the specific application type. These applications shall not vest for any additional development regulations. 6. Owner Solely Responsible: The prop- erty 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 appli- cation 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 pro- cesses and procedures. F. DURATION OF APPROVALS: 1. Building Permits: Development of a building shall be based on the controls con- tained in the approved permit application. 4-1-045G 1 - 3 (Revised 3/13) Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods identified in the Interna- tional 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 ap- proved preliminary plat shall be based on the controls contained in the Hearing Examiner’s decision. A final plat meeting all of the re- quirements of the preliminary plat approval shall be submitted within five (5) years of the effective date of the Hearing Examiner’s de- cision, 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 al- tered 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 fi- nal plat, and the development regulations in effect at the time the preliminary plat applica- tion 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 au- thorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit ap- proval unless a different time limitation was 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 prelimi- nary plat application shall remain valid for the duration of the preliminary and final plat as provided in subsections F2 and 3 of this Sec- tion, 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. 7. 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. G. MODIFICATIONS: Proposed modifications to an application listed in subsection B of this Section, as it exists or may be amended (excluding Building Permits), which have been deemed to be complete, shall be sub- ject to the requirements below: 1. Modifications proposed by the Depart- ment of Community and Economic Develop- ment 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 amend- ment, 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 de- velopment 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 devel- opment regulations in effect on the date of the original complete application. 4-1-045H (Revised 3/13)1 - 4 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 and signed waiver to the Community and Economic Development Administrator stating that the property owner agrees to comply with all development regu- lations in effect on the date of delivery of the waiver. Any change to the application is sub- ject to the modification criteria described above in subsection G of this Section and may require revised public notice and/or ad- ditional review time. 2. Major Plat Amendments: Major plat amendments shall constitute a voluntary waiver of vested rights at the time of the sub- mittal of the major plat amendment, unless otherwise approved by the Community and Economic Development Administrator. (Ord. 5675, 12-3-2012) 4-1-050 ROLES AND RESPONSIBILITIES: The regulation of land development is a coopera- tive activity including many different elected and appointed boards and City staff. The specific re- sponsibilities of these bodies are set forth in RMC 4-8-070. (Ord. 2188, 10-25-1965; Ord. 2630, 4-26-1971; Ord. 2962, 9-8-1975; Ord. 2967, 9-22-1975; Ord. 3101, 1-17-1977; Ord. 3592, 12-14-1981; Ord. 3760, 12-5-1983; Ord. 4342, 2-3-1992; Ord. 4584, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4648, 1-6-1997; Ord. 4722, 5-11-1998; Ord. 4777, 4-19-1999; Ord. 4802, 10-25-1999, Ord. 4821, 12-20-1999; Ord. 4827, 1-24-2000; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Ord. 4954, 2-11-2002; Amd. Ord. 4963, 5-13-2002) 4-1-060 COMPREHENSIVE PLAN: A. PURPOSES OF PLAN: 1. The primary purpose of the Comprehen- sive Plan is to define and establish the policy relating to the development of the community as a whole; to indicate the principles and ob- jectives which shall guide the establishment, development and implementation of definite and precise plans, public and private; to pro- vide for the coordination of the many sepa- rate plans which govern the development of this community, to officially adopt a program and guide which will enable the City to attain the principles and objectives set forth in chap- ter 35.63 RCW and the Growth Management Act (chapter 36.70A RCW) in the manner pro- vided. (Ord. 4437, 2-21-1994) 2. The overriding consideration is to pro- mote public safety, welfare, and interest. Ad- ditional factors to be considered (not in order of priority) are preservation of property rights, protection of life and property, equal opportu- nities, public interests prevailing over private interests, and economic and social benefits. (Ord. 3976, 3-3-1986) 3. The Comprehensive Plan is intended to guide the enactment of development regula- tions that are consistent with the Comprehen- sive Plan and capital budget decisions that are in conformance with the Comprehensive Plan. 4. The Comprehensive Plan is intended to help resolve some of the dilemmas confront- ing municipal officials and the people they represent, and to provide a coordinated ap- proach to local and regional problem solving. 5. Additional purposes of the Comprehen- sive Plan are: a. To improve the physical and social environment of the City as a setting for human activities; to make it more func- tional, beautiful, decent, healthful, inter- esting and efficient; b. To insure acceptable levels of ac- cess, utilities and other public services to future growth and development; c. To promote the public interest, and the interest of the City at large; d. To facilitate the democratic determi- nation and implementation of City poli- cies and development; e. To effect coordination in develop- ment; 4-1-070B 1 - 5 (Revised 3/13) f. To inject long range considerations into the determination of short-range ac- tions; g. To provide professional and technical knowledge in the decisions affecting de- velopment of the City; and h. To guide future development and growth in the City that is consistent with the goals and objectives of the Growth Management Act as defined in RCW 36.70A.020, Planning Goals. B. DESCRIPTION OF PLAN: The planning horizon for the Comprehensive Plan is twenty (20) years. The Plan is, of necessity, general in its proposals. It must be flexible, since it is impossible to predict all future events which may affect the community. The Plan is not a de- velopment regulation, although it makes signifi- cant recommendations for future land use. The Plan is not precise. It does not present engineer- ing accuracy, nor does it claim to predict exactly the future use of every parcel of property. It is not intended to retroactively impose compliance with goals, objectives and policies upon existing de- veloped property, but voluntary compliance is en- couraged. C. PLAN ELEMENTS: 1. Required Elements: The Comprehen- sive Plan shall contain the following manda- tory planning elements as required by the Growth Management Act: a. A land use element designating the proposed distribution, location and extent of the uses of land. b. A transportation element that is consistent with the land use element and includes land use assumptions, an inven- tory of facility and service needs, service standards, financing needs and a reas- sessment of land use, if service stan- dards cannot be met. c. A housing element containing an inventory of needs, policies for protection and development of housing for all eco- nomic segments of the community and identifying sufficient land for housing. d. A utilities element consisting of an inventory of needs and policies for the development of utilities and the location, proposed location and capacity of all ex- isting and proposed utilities. e. A capital facilities element that in- cludes an inventory of all capital facilities, forecast of future needs, proposed loca- tion of new or expanded facilities, a six (6) year funding plan and a reassess- ment of the land use element, if funding falls short. 2. Optional Elements: The Comprehen- sive Plan may include additional elements, relating to the physical development within the City; including, but not limited to, subarea plans, each of which is consistent with the other elements of the Comprehensive Plan. 3. Land Use Element Map: The land use element map, maintained on display in the customer service area of the Planning/Build- ing/Public Works Department, illustrates in broad and general terms the desired devel- opment of the City during the twenty (20) year planning period. (Ord. 4437, 2-21-1994; Amd. Ord. 5153, 9-26-2005) D. ADOPTION: The Comprehensive Plan and any amendments and associated subarea plans area adopted by ordinance of the City Council after public hearing by the Council. (Ord. 5153, 9-26-2005) 4-1-070 CONSISTENCY OF REGULATIONS WITH COMPREHENSIVE PLAN: A. CONSISTENCY REQUIRED: All City programs materially affecting land use, in- cluding land use regulatory codes, shall be con- sistent with the Comprehensive Plan. (Ord. 3976, 3-3-1986) B. INSTRUMENTS IMPLEMENTING THE COMPREHENSIVE PLAN: In order to fully accomplish the objectives and principles of the Comprehensive Plan, all resolu- tions and regulations of the City concerned with the development and welfare of the community and its people shall be considered in light of the principles, objectives and policies set forth in the 4-1-080A (Revised 3/13)1 - 6 Plan. To fulfill the requirements of chapters 35.63 and 36.70A RCW, and in the interest of public safety, health, morals and the general welfare, the following instruments will implement the Com- prehensive Plan: 1. Title 4 – Development Regulations: Chapter 1 Administration and Enforcement Chapter 2 Zoning Districts: Uses and Stan- dards Chapter 3 Environmental Regulations and Overlay Districts Chapter 4 City-Wide Property Develop- ment Standards Chapter 5 Building and Fire Prevention Standards Chapter 6 Street and Utility Standards Chapter 7 Subdivision Regulations Chapter 8 Permits – General and Appeals Chapter 9 Permits – Specific Chapter 10 Nonconforming Structures, Uses and Lots Chapter 11 Definitions (Ord. 5153, 9-26-2005) 2. Title 8 – Health and Sanitation: Chapter 2 Storm and Surface Water Drain- age Chapter 4 Water Chapter 5 Sewers Chapter 6 Solid Waste Utility Chapter 7 Noise Level Regulations 3. Title 10 – Traffic: Chapter 10 Parking Regulations (Ord. 4437, 2-21-1994; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002) 4-1-080 INTERPRETATION: A. ADMINISTRATIVE INTERPRETATION: 1. General: The Community and Economic Development Administrator is hereby autho- rized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any inter- pretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regula- tions are assumed to prevail over other regu- lations. 2. Zoning Conflicts: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Zoning Districts – Uses and Standards, and the standards and regulations contained in another Section, the Community and Economic Development Ad- ministrator shall determine which require- ment shall prevail in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are as- sumed to prevail over other regulations. (Ord. 5153, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) B. CONFLICTS AND OVERLAPS: This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title and another regulation, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005) C. INTERPRETATION OF REQUIREMENTS: In interpreting and applying the provisions of this Title, the requirements herein shall be: 1. Considered the minimum for the promo- tion of the public health, safety, morals and general welfare; 2. Liberally construed in favor of the gov- erning body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 4071, 6-1-1987; Amd. Ord. 5153, 9-26-2005) D. MORE RESTRICTIVE/HIGHER STANDARDS TO GOVERN: Wherever any regulation in this Title imposes higher or more restrictive standards than are re- quired in any other statute or regulation, the pro- visions of this Title shall govern. Wherever the provisions of any other statute or regulation im- pose higher or more restrictive standards, the provisions of such other statute or regulation shall 4-1-100B 1 - 7 (Revised 3/13) govern. (Ord. 4404, 6-7-1993; Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005) E. TERMINOLOGY: When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory. (Ord. 4007, 7-14-1986; Amd. Ord. 5153, 9-26-2005) F. (Repealed by Ord. 5606, 6-6-2011) 4-1-090 LIABILITY: A. CITY OFFICER OR EMPLOYEE NOT LIABLE: No officer, agent or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act re- quired or permitted in the discharge of his duties under this Title. Any suit brought against any of- ficer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this Title shall be defended by the City Attorney until the final determination of the proceedings therein. (Ord. 2820, 1-14-1974, eff. 1-19-1974) The Administrative Authority or any employee performing duties in connection with the enforce- ment of this Title and acting in good faith and with- out malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from any such act or omission, the City Attorney shall, at the request of and on behalf of said Ad- ministrative Authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such Ad- ministrative Authority or employee, said claim or judgment shall be paid by the City. (Ord. 4546, 7-24-1995) B. LIABILITY OF OWNER OR BUILDER NOT REDUCED: This Title shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, moving, modify- ing, or maintaining any structure or land use in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City of Renton, or any of its agents thereof, be held as assuming such liability by rea- son of permit, approval, inspection, certificate of inspection or certificate of occupancy issued by the City or any of its agents. (Ord. 2877, 9-9-1974) C. DISCLAIMER OF LIABILITY: The degree of hazard protection required by RMC 4-3-050, Critical Areas Regulations, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. RMC 4-3-050 does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. RMC 4-3-050 shall not create lia- bility on the part of the City, any officer or em- ployee thereof for damages that result from reliance on this Section or any administrative de- cision lawfully made hereunder. (Ord. 4835, 3-27-2000) 4-1-100 ENFORCEMENT: A. PURPOSE: The purpose of this Section is to promote compli- ance with this Title by establishing enforcement authority, defining violations, and setting stan- dards for initiating the procedures set forth in chapter 1-3 RMC, Remedies and Penalties, when violations of this Title occur. The provisions of this Title and any conditions associated with entitle- ments approved by the City shall be diligently en- forced in order to promote the City’s planning efforts and to protect the public health, safety, and welfare. A further intent of this Section is to en- sure that no permit, license, or land use approval is issued in conflict with the provisions of this Title. (Ord. 4856, 8-21-2000; Amd. Ord. 5153, 9-26-2005) B. RESPONSIBILITY AND AUTHORITY: The Community and Economic Development Ad- ministrator shall be authorized to enforce the pro- visions of Title 4 of the Renton Municipal Code. The Administrator shall also enforce any imple- menting administrative rules, administration, and approval conditions attached to any land use ap- proval, through revocation or modification of per- mits, or through the enforcement, penalty and abatement provisions of chapter 1-3 RMC, Rem- edies and Penalties. (Ord. 5153, 9-26-2005; Ord. 5676, 12-3-2012) 4-1-110A (Revised 3/13)1 - 8 4-1-110 VIOLATIONS AND PENALTIES: A. VIOLATIONS: Violations are illegal and are misdemeanors sub- ject to the enforcement penalty and abatement procedures of RMC 1-3-1 and 1-3-3. (Ord. 4346, 3-9-1992; Amd. Ord. 5153, 9-26-2005) B. REMEDIES AND PENALTIES: 1. Stop Work Order: Any construction in vi- olation of this Title, or any condition(s) im- posed on a permit or license, may be subject to the issuance of a “Stop Work Order.” 2. Refusal of Approvals: a. The City shall not issue any permit or grant any approval necessary to develop any real property which has been di- vided, or which has resulted from a divi- sion, in violation of the provisions of the Renton Municipal Code or state subdivi- sion regulations. b. No approval shall be granted for a land use permit, land division, or building permit for any parcel of land on which there is a violation of any City or state law or permit to use or development of the property, unless such violations are ei- ther corrected prior to application or are required to be corrected as a condition of approval. c. The City shall not issue any permit or grant any land use approval to any indi- vidual or corporation that has not paid all land use-related fines, penalties, permit fees, or collections due to the City for any previous infraction or criminal violation of RMC Title 4. 3. Provisions of RMC 1-3-1: Any person violating or failing to comply with any order made hereunder shall be guilty of a misde- meanor and punished pursuant to RMC 1-3-1. 4. Remedies Cumulative: All remedies concerning this Title shall be cumulative and not exclusive. The conviction and punish- ment of any person hereunder shall not re- lieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improve- ments, and shall not prevent the enforced correction or removal thereof. 5. Recovery of Costs: Where any action or activity is required to be taken by a person under the provisions of this Title, the City Ad- ministration may direct that in default of its being done by the responsible party, such ac- tion or activity shall be done at the expense of the party in default and the City may recover the expenses. (Ord. 4722, 5-11-1998; Amd. Ord. 4856, 8-21-2000; Ord. 5153, 9-26-2005) C. INITIATION OF PROCEEDINGS AGAINST VIOLATION: 1. The City may initiate proceedings to re- voke or modify any permit or land use ap- proval it has issued; 2. An aggrieved party may file a request for the City to initiate revocation or modification proceedings, or suspend a permit, or land use approval. 3. Regarding requests to inspect or review active repair invoices, City code compliance officers may enter an area that is open to the public and request to see the active repair in- voice or invoices for vehicles that are being stored or that are present on or at a vehicle service and repair facility. If the request is re- fused, the vehicle service and repair facility shall have forty-eight (48) hours from the time that the request was made to take the active repair invoice or invoices, and any other nec- essary documents or information, to City Hall, to the appropriate code compliance or City of- ficial, for inspection or review. If the vehicle service and repair facility fails to comply with the request to inspect or review the active repair invoice or invoices, there is a presumption that the vehicle or vehicles are being stored. (Ord. 5153, 9-26-2005; Ord. 5639, 12-12-2011) D. AUTHORITY TO REVOKE OR MODIFY A PERMIT OR LAND USE APPROVAL: Authority to revoke or modify a permit or land use approval shall be exercised by the approving body, as follows: 4-1-140C 1 - 8.1 (Revised 3/13) 1. The City Council, after a recommenda- tion from the Hearing Examiner, may revoke, modify, or refuse to grant any preliminary subdivision, zone reclassification or other ap- proval issued by the Council or Hearing Ex- aminer. 2. The Community and Economic Develop- ment Administrator may, for cause, revoke or modify any permit or other land use approval issued by the Administrator. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 3. For purposes of this Section, cause to re- voke or modify a permit or land use approval shall mean that the permit or land use ap- proval was obtained by fraud or by providing inaccurate, incomplete, or misleading infor- mation where the person holding the permit fails to perform a condition precedent or sub- sequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005) E. CRITERIA FOR PERMIT SUSPENSION, REVOCATION OR MODIFICATION: Any permit, or other land use approval issued by the City pursuant to this Title, may be suspended, revoked or modified on one or more of the follow- ing grounds: 1. The approval was obtained by fraud; 2. The approval was based upon inaccu- rate, incomplete or misleading information provided by the applicant; 3. The holder of the permit or approval inter- feres with the Administrator or any authorized representative in the performance of his or her duties related to the permit or approval; or 4. The holder of the permit or approval fails to comply with any notice and order issued pursuant to code compliance regulations; 5. The holder of the permit or approval fails to comply with the condition precedent or subsequent to the granting of the permit or land use approval. (Ord. 5153, 9-26-2005) F. APPEALS: See RMC 4-8-110 for appeal process. (Ord. 5153, 9-26-2005) 4-1-120 SEVERABILITY: If any provision of this Title or its application to any person or property is held invalid by a court of competent jurisdiction, the remainder of the Title or the application of the provision to other per- sons or circumstances shall not be affected. (Ord. 4522, 6-5-1995) 4-1-130 TITLE NOT EXCLUSIVE: Nothing in this Title shall be construed to abro- gate or impair the power of the City or any depart- ment thereof to enforce any provision of its Charter or its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this Title shall be in addition to and supplemental to powers conferred by other laws, nor shall this Title be construed to impair or limit in any way the power of the City to define and declare nuisance and to cause their removal or abatement by summary proceedings, or in any manner provided by law. (Ord. 4546, 7-24-1995) 4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FEES: A. AUTHORITY TO REFUND FEES: The Administrator may authorize the refunding of all or a portion of the fees paid hereunder which were erroneously paid or collected. B. AMOUNT REFUNDED: 1. Land Use Permit Application Fee: Based upon an evaluation of the amount of work expended, the Administrator may au- thorize the refunding of not more than eighty percent (80%) of the permit fee paid when no substantial processing work has been done on the application. 2. Building and Public Works Applica- tion Fees: The Administrator may authorize the refunding of fees paid when an applica- tion is withdrawn or cancelled before any sub- stantial work effort has been expended. C. METHOD OF OBTAINING REFUND AND TIME: The Administrator shall not authorize the refund- ing of any fee paid except upon written application filed by the original permittee not later than one 4-1-160A (Revised 3/13)1 - 8.2 hundred eighty (180) days after the date of the fee payment. (Ord. 5153, 9-26-2005; Ord. 5557, 10-18-2010; Ord. 5676, 12-3-2012) 4-1-150 (Repealed by Ord. 5509, 11-23-2009) 4-1-160 SCHOOL IMPACT MITIGATION FEES: A. FINDINGS AND AUTHORITY: The City Council of the City of Renton (the “Coun- cil”) hereby finds and determines that new growth and development in the City of Renton will create additional demand and need for school facilities, and the Council finds that new growth and devel- opment should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this Section to assess school im- pact fees for the Issaquah School District, the Kent School District and the Renton School Dis- trict. The provisions of this Section shall be liber- ally construed in order to carry out the purposes of the Council in establishing the school impact fee program. (Ord. 5263, 3-5-2007) B. DEFINITIONS: The following words and terms shall have the fol- lowing meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be de- fined pursuant to RCW 82.02.090, or given their usual and customary meaning. 1. “Capital Facilities Plan” means each re- spective school district’s Capital Facilities Plan adopted by the School Board consisting of: a. A forecast of future needs for school facilities based on the school district’s en- rollment projections; b. The long-range construction and capital improvements projects of the school district; c. The schools under construction or expansion; d. The proposed locations and capaci- ties of expanded or new school facilities; e. At least a six (6) year Financing Plan Component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facil- ities within projected funding levels, and identifying sources of financing for such purposes, including bond issues autho- rized by the voters and projected bond is- sues not yet authorized by the voters; and f. Any other long-range projects planned by the school district. 2. “City” means the City of Renton, King County, Washington. 3. “Classrooms” means educational facili- ties of each respective school district re- quired to house students for its basic educational program. The classrooms are those facilities the school district determines are necessary to best serve its student popu- lation. Specialized facilities as identified by the school district, including but not limited to gymnasiums, cafeterias, libraries, adminis- trative offices, and child care centers, shall not be counted as classrooms. 4. “Construction Cost Per Student” means the estimated cost of construction of a perma- nent school facility in the school district for the grade span of school to be provided, as a function of the school district’s design stan- dard per grade span and taking into account the requirements of students with special needs. 5. “Design Standard” means the space re- quired, by grade span, and taking into ac- count the requirements of students with special needs, which is needed in order to ful- fill the educational goals of the school district as identified in each respective school dis- trict’s Capital Facilities Plan. 6. “Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. 7. “Development Activity” means any resi- dential construction or expansion of a build- 4-1-160C 1 - 9 (Revised 3/14) ing, structure or use; any change in use of a building or structure; or any change in the use of land that creates additional demand for school facilities. 8. “Elderly” means a person aged sixty-two (62) or older. 9. “Encumbered” means to reserve, set aside, or otherwise earmark the school im- pact fees in order to pay for commitments, contractual obligations, or other liabilities in- curred for public facilities. 10. “Fee Schedule” means the schedule set forth as Attachment B to Ordinance 4808 in- dicating the standard fee amount per dwelling unit that shall be paid as a condition of resi- dential development within the City. 11. “Grade Span” means the categories into which a school district groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 12. “Interlocal Agreement” means the interlo- cal agreement by and between the City of Renton and a school district as authorized in subsection I of this Section. 13. “Permanent Facilities” means the facili- ties of a school district with a fixed foundation which are not relocatable facilities. 14. “Relocatable Facility” means any factory- built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school dis- trict, or to cover the gap between the time that families move into new residential develop- ments and the date that construction is com- pleted on permanent school facilities. 15. “Relocatable Facilities Cost Per Student” means the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of a school district’s design stan- dard per grade span, and taking into account the requirements of students with special needs. 16. “Site Cost Per Student” means the esti- mated cost of a site in a school district for the grade span of school to be provided, as a function of the school district’s design stan- dard per grade span, and taking into account the requirements of students with special needs. 17. “Standard of Service” means the standard adopted by a school district which identifies the program year, the class size by grade span, and taking into account the require- ments of students with special needs, the number of classrooms, the types of facilities the school district believes will best serve its student population, and other factors as iden- tified by a school district. The school district’s standard of service shall not be adjusted for any portion of the classrooms housed in relo- catable facilities which are used as transi- tional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pur- suant to a Board resolution, “transitional facil- ities” shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the school district has the necessary financial commitments in place to complete the perma- nent facilities called for in the school district’s Capital Facilities Plan. 18. “Student Factor” means the number de- rived by the school district to describe how many students of each grade span are ex- pected to be generated by a dwelling unit. Student factors shall be based on a school district’s record of average actual student generation rates for new developments con- structed over a period of not more than five (5) years prior to the date of the fee calcula- tion; provided, that if such information is not available in the school district, data from ad- jacent districts, districts with similar demo- graphics, or countywide averages may be used. Student factors must be separately de- termined for single family and multi-family dwelling units, and for grade spans. C. SCHOOL IMPACT FEE PROGRAM ELEMENTS: 1. School impact fees will be assessed on all residential development activity in that portion of the City located within each respec- tive school district’s boundaries based on the provisions of subsection E of this Section. 4-1-160D (Revised 3/14)1 - 10 2. The school impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a pro- portionate share of the cost of system im- provements that are reasonably related to the development. 3. The school impact fee shall be based on a Capital Facilities Plan developed by the ap- propriate school district and approved by the School Board, and adopted by reference by the City as part of the Capital Facilities Ele- ment of the City’s Comprehensive Plan. D. SCHOOL IMPACT FEE CALCULATIONS: 1. Separate fees shall be calculated for sin- gle family and multi-family dwelling units, and separate student generation rates must be determined by each school district for each type of dwelling unit. For purposes of this Section, mobile homes shall be treated as single family dwelling units and duplexes shall be treated as multi-family dwelling units. 2. The fee calculations shall be made on a district-wide basis to assure maximum utiliza- tion of all school facilities in a school district currently used for instructional purposes. 3. The formula in Attachment A to Ordi- nance 4808 provides a credit for the antici- pated tax contributions that would be made by the development based on historical levels of voter support for bond issues in a school district. 4. Each school district may provide a credit for school sites or facilities actually provided by a developer which that school district finds to be acceptable as provided for in subsec- tion F of this Section. 5. The City Council may adjust the fee cal- culated under this subsection, as it sees fit to take into account local conditions such as, but not limited to, price differentials through- out each respective school district in the cost of new housing, school occupancy levels, and the percent of each school district’s Cap- ital Facilities Budget, which will be expended locally. The City Council establishes the fol- lowing fees: (Ord. 5194, 1-23-2006; Ord. 5263, 3-5-2007; Ord. 5317, 11-19-2007; Ord. 5442, 1-12-2009; Ord. 5514, 12-14-2009; Ord. 5532, 3-8-2010; Ord. 5557, 10-18-2010; Ord. 5594, 3-21-2011; Ord. 5689, 5-20-2013; Ord. 5701, 12-9-2013) E. ASSESSMENT OF SCHOOL IMPACT FEES: 1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking building permit approval from the City for dwelling units located within each respective school district’s boundaries. 2. For any fee that has been paid through King County, the remainder of the school im- pact fees shall be assessed and collected from the lot owner at the time the building per- mits are issued, using the fee schedule then in effect. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are is- sued. 3. For all new dwelling units, the total amount of the school impact fees shall be as- sessed and collected from the applicant at the time of building permit issuance, using the fee schedule then in effect. No permit shall be issued until the required school impact fees set forth in the fee schedule have been paid. 4. a. Waiver: If any applicant, owner, or developer fails to identify any error, mis- calculation, misclassification of the type of dwelling unit, or erroneous assess- ment at the time that the school impact fee is assessed, any claim other than for a refund of school impact fees and re- lated interest earned on the same school impact fees shall be permanently waived. Strict compliance is required under this subsection. Single Family Fee Amount Multi-Family and Accessory Dwelling Unit Fee Amount Issaquah School District $5,730.00 $1,097.00 Kent School District $5,486.00 $3,378.00 Renton School District $5,455.00 $1,339.00 4-1-160F 1 - 10.1 (Revised 7/13) b. Payment under Protest: If an appli- cant, owner, or developer identifies an er- ror, miscalculation, misclassification of the type of dwelling unit, or erroneous as- sessment at the time that the school im- pact fee is assessed, that applicant, owner, or developer may pay the school impact fee under protest in order to ob- tain a permit or other related approval of development activity. Payment under protest automatically results in the scheduling of an administrative hearing, unless withdrawn by the applicant, owner, or developer. c. Appeal after Payment under Pro- test: Based on principles of fairness and due process, if an applicant, owner, or developer identifies an error, miscalcula- tion, misclassification of the type of dwell- ing unit, or erroneous assessment at the time that the school impact fee is assessed, that applicant, owner, or developer may have an administrative hearing before the Administrator, within fourteen (14) calendar days of the date that payment was made under protest. The standard of proof shall be by a pre- ponderance of the evidence. If the appli- cant, owner, or developer wants to appeal the Administrator’s oral or written decision, the applicant, owner, or devel- oper may request an appeal by filing that request with the Renton City Clerk, within seven (7) calendar days of the Adminis- trator’s decision. The appeal shall be based solely on the record, before the Hearing Examiner using the clearly erro- neous standard of review. There are no additional appeals. (Ord. 5532, 3-8-2010; Ord. 5690, 5-20-2013) F. EXEMPTIONS AND CREDITS: 1. The following shall be exempt from the application of school impact fees: a. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the nec- essary covenants or declarations of re- strictions are recorded on the property to ensure that no children will reside in the development; or b. The replacement of the same num- ber of dwelling units at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure; or c. Alterations or expansion or enlarge- ment or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or d. Any development activity that is ex- empt from the payment of a school im- pact fee pursuant to RCW 82.02.100, due to mitigation of the same system im- provement under the State Environmen- tal Policy Act; or e. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of Ordinance 4808, unless the terms of the plat or PUD approval provide other- wise; or f. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a voluntary agree- ment entered into with a District prior to the effective date of Ordinance 4808, un- less the terms of the agreement provide otherwise. 2. Any credit shall be the responsibility of the respective school district, and shall be in- dependent of the fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. Proof un- der subsection (F)(3) of this Section shall in- clude such things as a receipt or cancelled check. 3. After the effective date of Ordinance 4808, and if the development activity is not exempt from school impact fees pursuant to subsection (F)(1) of this Section, the devel- oper shall receive a credit from the appropri- ate school district for any payment made for the lot or development activity in question, ei- ther as a condition of development approval 4-1-160F (Revised 7/13)1 - 10.2 or pursuant to the terms of a voluntary mitiga- tion agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. 4. After the effective date of Ordinance 4808, the developer can request that a credit or credits be awarded by the appropriate school district for the value of dedicated land, improvements, or construction provided by the developer. The school district shall first determine the general suitability of the land, 4-1-160G 1 - 11 (Revised 8/12) improvements, and/or construction for that school district’s purposes. Second, the school district shall determine whether the land, improvements, and/or the facility con- structed are included within that school dis- trict’s adopted Capital Facilities Plan or the Board of Directors for that school district may make the finding that such land, improve- ments, and/or facilities would serve the goals and objectives of the Capital Facilities Plan of the school district. The school district shall forward its determination to the City, including cases where the school district determines that the dedicated land, improvements, and/or construction are not suitable for the school district’s purposes. 5. For each request for a credit or credits, if appropriate, the school district shall select an appraiser from a list of independent apprais- ers. The appraiser shall be directed to deter- mine for the school district the value of the dedicated land, improvements, or construc- tion provided by the developer on a case-by- case basis. The developer shall pay for the cost of the appraisal. 6. After receiving the appraisal, the school district shall provide the developer with a let- ter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be ap- plied. The applicant must sign and date such letter or certificate indicating his/her agree- ment to the terms of the letter or certificate, and return such signed document to the ap- propriate school district, before the City will award the school impact fee credit. The fail- ure of the applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. 7. Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. G. APPEALS AND INDEPENDENT CALCULATIONS: 1. After the City has collected fees under this Section, the school district may adjust the amount of the school impact fee assessed if one of the following circumstances exist; pro- vided, that the developer can demonstrate to the appropriate school district’s satisfaction that the discount fails to ameliorate for the un- fairness of the fee: a. The developer demonstrates to the appropriate school district’s satisfaction that a school impact fee assessment was incorrectly assessed; or b. Unusual and unique circumstances identified by the developer demonstrate that if the standard school impact fee amount were applied to the development, it would be unfair, unjust or unlawful. 2. Requests for fee adjustments, and the administrative appeals process for the appeal of a school impact fee, shall follow the pro- cess for the appeal of the underlying develop- ment application. Each school district shall provide staffing and legal assistance for such an appeal consistent with the Interlocal Agreement between the City and the respec- tive school district, as that Agreement may be amended from time to time. 3. A developer may provide studies and data to demonstrate that any particular factor used by a school district may not be appropri- ately applied to the development proposal, but the school district’s data shall be pre- sumed valid unless clearly demonstrated to be otherwise by the developer. The devel- oper shall pay for the cost of the studies and data, and must demonstrate to the respective school district’s satisfaction that the discount fails to adjust for the error in the fee. 4. Any appeal of the decision of the Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors identified as a result of an appeal should be referred to the Council for possible modifica- tion. 5. School impact fees may be paid under protest, in order to obtain a permit or other approval of development activity. 4-1-160H (Revised 8/12)1 - 12 H. THE SCHOOL IMPACT FEE ACCOUNT, USES OF SCHOOL IMPACT FEES, AND REFUNDS: 1. School impact fee receipts shall be ini- tially deposited into a City fund created under subsection L of this Section. When sufficient funds have accumulated to make transfer of those funds to the appropriate school district advisable, the Administrative Services De- partment shall make such transfer. Such funds shall be transferred not less than quar- terly, if the balance in the fund is more than five thousand dollars ($5,000.00). School im- pact fee receipts shall be earmarked specifi- cally and retained in a special interest- bearing account established by each school district solely for that school district’s school impact fees as provided for in subsection J of this Section. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (H)(2) of this Section. Annually, the City shall provide accounting records to each school district and each school district shall prepare a report on school impact fees showing the source and amount of all monies collected, earned or received, and capital or system improve- ments that were financed in whole or in part by school impact fees. 2. School impact fees for a school district’s system improvements shall be expended by the respective school districts for capital im- provements including but not limited to school planning; land acquisition; site improve- ments; necessary off-site improvements; construction, engineering, architectural, per- mitting, financing, and administrative ex- penses; relocatable facilities, capital equipment pertaining to educational facilities; and any other expenses which could be cap- italized, and which are consistent with the re- spective school district’s Capital Facilities Plan. 3. In the event that bonds or similar debt in- struments are issued for the advanced provi- sion of capital facilities for which school impact fees may be expended and where consistent with the provisions of the bond covenants, school impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facili- ties or improvements provided are consistent with the requirements of this Section. 4. School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written find- ings extraordinary and compelling reason or reasons for a school district to hold the fees beyond the six (6) year period. A school dis- trict may petition the Council for an extension of the six (6) year period and that school dis- trict must set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the period of time within which the school impact fees shall be expended or en- cumbered, after consultation with the petition- ing school district. 5. The current owner of property on which a school impact fee has been paid may receive a refund of such fees if the school impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the City, except as provided for in subsection (H)(4) of this Section. In determining whether school impact fees have been encumbered, school impact fees shall be considered en- cumbered on a first-in, first-out basis. The re- spective school district shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the King County property tax records. 6. An owner’s request for a refund must be submitted to the City, in writing, within one year of the date the right to claim the refund arises or the date that notice is given, which- ever date is later. Any school impact fees that are not expended or encumbered within the limitations in subsection (H)(4) of this Sec- tion, and for which no application for a refund has been made within this one year period, shall be retained and expended consistent with the provisions of this Section. Refunds of school impact fees shall include any interest earned on the school impact fees, less five percent (5%) for administrative costs. 7. Should the City seek to terminate any or all school impact fee requirements, all unex- pended or unencumbered funds, including in- terest earned, shall be refunded to the current owner of the property for which a school im- 4-1-160J 1 - 13 (Revised 3/14) pact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times, and shall notify all potential claimants by first- class mail addressed to the owner of the property as shown in the King County prop- erty tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be ex- pended for the respective school district, con- sistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unen- cumbered balances within the account or ac- counts being terminated. 8. A developer may request and shall re- ceive a refund, including interest earned on school impact fees, when: a. The developer does not proceed to finalize the development activity as re- quired by statute or City Code or the In- ternational Building Code; and b. No impact on the school district has resulted. “Impact” shall be deemed to in- clude cases where the respective school district has expended or encumbered the school impact fees in good faith prior to the application for a refund. In the event that a school district has expended or en- cumbered the fees in good faith, no re- fund shall be forthcoming. However, if within a period of three (3) years the same or subsequent owner of the prop- erty proceeds with the same or substan- tially similar development activity, the owner shall be eligible for a credit. The owner must petition the City and provide receipts of school impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in subsection G of this Section. 9. Interest due upon the refund of school impact fees required by this Section shall be calculated according to the average rate re- ceived by the City or the respective school districts on invested funds throughout the pe- riod during which the fees were retained and paid by the governmental entity controlling the funds and receiving the interest. I. INTERLOCAL AGREEMENT: 1. The Mayor is authorized to execute, on behalf of the City, an Interlocal Agreement for the collection, expenditure, and reporting of school impact fees; provided, that such Inter- local Agreement complies with the provisions of this Section. 2. Each school district shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for each school district. The Ac- count shall be an interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the respective school districts. 3. For administrative convenience while processing the fee payments, school impact fees may be initially deposited in the City ac- count known as the “Issaquah School District Impact Fee Fund,” the “Kent School District Impact Fee Fund,” and the “Renton School District Impact Fee Fund,” with interest earned retained by the respective school dis- trict for which the monies are held. As soon as advisable, the City shall deposit the school impact fees collected for each respective school district in that school district’s School Impact Fee Account. 4. The City shall retain five percent (5%) of all fees collected to pay for its costs in admin- istering this Section. J. ADOPTION OF EACH SCHOOL DISTRICT’S CAPITAL FACILITIES PLAN AND SUBMISSION OF THE ANNUAL UPDATES AND REPORT AND DATA: 1. Renton adopts the following capital facil- ities plans by reference as part of the Capital Facilities Element of Renton’s Comprehen- sive Plan: a. The Issaquah School District No. 411 2013 Capital Facilities Plan; 4-1-160K (Revised 3/14)1 - 14/18 b. The Kent School District No. 415 2013/2014 – 2018/2019 Capital Facilities Plan; and c. The Renton School District No. 403 2013 – 2019 Capital Facilities Plan. 2. On an annual basis, each school district shall submit the following materials to the City: a. The annual update of the school dis- trict’s Capital Facilities Plan; and b. An annual report on the School Im- pact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public im- provements that were financed in whole or in part by school impact fees. (Ord. 5194, 1-23-2006; Ord. 5263, 3-5-2007; Ord. 5317, 11-19-2007; Ord. 5442, 1-12-2009; Ord. 5514, 12-14-2009; Ord. 5689, 5-20-2013; Ord. 5701, 12-9-2013) K. REVIEW: The school impact fee schedule established in this Section shall be reviewed and updated by the Council on an annual basis after the Council re- ceives the school district’s Plan and data required under subsection J of this Section. The review may occur in conjunction with the annual update of the Capital Facilities Element of the City’s Comprehensive Plan. L. SPECIAL FUNDS CREATED: There are hereby created or exist three (3) spe- cial City funds known as the “Issaquah School District Impact Fee Fund,” the “Kent School Dis- trict Impact Fee Fund” and the “Renton School District Impact Fee Fund” into which all school im- pact mitigation fees will be deposited. (Ord. 5263, 3-5-2007) M. CITY NOT RESPONSIBLE: The City will use its best reasonable efforts to col- lect such school impact fees during its ordinary administrative process, such fees as are due un- der this Section and consistent with the Interlocal Agreement between the City and the respective school district, as that Agreement may be amended from time to time, but the City shall not be responsible or liable to any school district for failure to collect such fees. N. SEVERABILITY: If any portion of this Section is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other subsection of this Section. (Ord. 4808, 11-1-1999; Ord. 5657, 4-23-2012) 4-1-180A 1 - 19 (Revised 8/14) 4-1-170 (Repealed by Ord. 5676, 12-3-2012) 4-1-180 CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES: Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and light- ing, shall be subject to one or more of the charges listed in the City of Renton Fee Schedule Bro- chure. Any fees triggered by improvements or de- velopment, as detailed in this Section, are due and payable at the first of the following instances: • Prior to the issuance of a Public Works Con- struction Permit; or • Prior to the recording of a single family resi- dential plat or single family residential short plat; or • Prior to the issuance of a building permit. • In all cases, prior to the issuance of a certifi- cate of occupancy (either temporary or final). All of the following charges shall be paid into the appropriate utility or street fund except that any fees collected under a private latecomer’s agree- ment shall be passed on to the holder of the agreement with the applicable fees paid to the ap- propriate utility or street fund. A. PRIVATELY HELD LATECOMER’S FEES AND SPECIAL ASSESSMENT DISTRICT (FORMERLY KNOWN AS CITY HELD LATECOMER’S) FEES: 1. Applicability of Privately Held Late- comer’s Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant street latecomer’s agreements to devel- opers and owners for the reimbursement of a pro rata portion of street improvements in- cluding signalization and lighting they install and turn over to the City. The City shall grant utility latecomer’s agreements for the reim- bursement of a pro rata portion of utility sys- tems such as water, sanitary sewer or storm sewer, if all conditions are met. For purposes of this section, both utility and street late- comer’s agreements shall be collectively re- ferred to as “latecomer’s agreements.” (Ord. 5718, 6-23-2014) 2. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sani- tary sewer systems, storm water systems, and street improvements including signaliza- tion and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City’s infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, pay- ment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Pay- ments to City. 3. Exemptions for Latecomer’s or Spe- cial Assessment District Fees: a. Segregation of Fees: The City may grant segregation of private developer latecomer’s fees or special assessment district fees on large parcels of land per subsection C of this Section. b. Relief Due to Two (2) Similar Facil- ities: The Public Works Administrator will consider relieving a parcel of a late- comer’s or special assessment district fee/assessment if the property has a ben- efit from either (but not both) of two (2) similar facilities. The Public Works Ad- ministrator will make the decision based on engineering and policy decisions as to which facility(ies) benefit and/or are uti- lized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the ap- plicant the choice of facilities to utilize. (Ord. 5450, 3-2-2009) c. Relief Due to Future Subdivision: At the time the latecomer’s agreement or special assessment district is formed, and as a condition of the latecomer’s 4-1-180B (Revised 8/14)1 - 20 agreement or special assessment dis- trict, the City may require that the assess- ment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost at- tributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the re- maining portion of the assessment. d. Reallocation of Assessment Due to Subdivision of Property: The Public Works Administrator will consider reallo- cation of the latecomer’s assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assess- ment between the new parcels, based upon value of benefit from the improve- ments, such that two (2) similar parcels may pay different amounts because one receives more benefit. (Ord. 5450, 3-2-2009) B. SYSTEM DEVELOPMENT CHARGES (SDC) – WATER, WASTEWATER, AND STORM WATER: The City has authority under RCW 35.92.025 to impose charges, which are commonly referred to as “system development charges,” on property owners in order that said property owners shall bear their equitable cost share of the City’s utility system(s). 1. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties that are benefiting from and/or increasing the level of usage of the City’s utility systems. Said property owner(s) shall pay, prior to con- nection to or benefit from a City utility system, the system development charge associated with that utility as detailed in the City of Renton Fee Schedule Brochure. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system de- velopment charge for a utility may be trig- gered without a physical connection to an existing facility. a. “Utility system” shall mean: • The sanitary sewer system, including but not limited to lift stations, force mains, interceptors and other sewer mains. • The storm water system, including but not limited to flow control or water quality facilities, flood hazard reduc- tion improvements, lift stations, force mains, interceptors, and other storm water storage, treatment, collection and conveyance systems used for management of storm water runoff. • The water system, including but not limited to wells, pump stations, water treatment facilities, reservoirs and water mains. b. The phrase “increasing the level of usage of a City utility system(s),” as used in this Section, shall mean any of the fol- lowing: •First Time Service Connection or Benefit: Any property that is con- necting to or benefiting from a Renton utility system for the first time (including but not limited to new con- struction, conversion from private well, or conversion from septic sys- tem). • Property that is being improved, de- veloped, redeveloped, or subdivided and as part of said action has in- stalled an additional water meter(s), has installed a larger water meter(s) or creates additional impervious sur- face (for the purpose of this code, conversion of a gravel area to as- phalt, concrete, or other impervious surface shall be considered addi- tional impervious surface). c. The basis for the charge of system development charges shall be: 4-1-180B 1 - 20.1 (Revised 8/14) •Storm Water: The addition of any new impervious surface to properties will require payment of the system development charge for storm water for the additional new impervious surface only. If a property is making a (Revised 8/14)1 - 20.2 This page left intentionally blank. 4-1-180B 1 - 21 (Revised 3/13) connection for the first time to a storm water system, it will only re- quire payment of the system devel- opment charge for storm water for the impervious surface tributary to the point of connection. Any rebuild- ing, change in use or additions to property that does not create addi- tional impervious surface or does not cause a first time connection to be made will not require payment of the system development charge for storm water. New single family development will pay based upon a flat rate per dwell- ing unit. Existing single family devel- opment that has previously connected will pay based upon square foot of additional impervious surface. Existing single family devel- opment that is connecting for the first time will pay based upon a flat rate per dwelling unit. Commercial and multi-family development will pay based upon square foot of additional impervious surface. •Wastewater: The addition of a new domestic water meter, increasing the size of an existing domestic water meter, conversion of a non-domestic water meter to domestic use, or the first time connection of a property to the sanitary sewer system will re- quire payment of the system devel- opment charge. For each additional domestic meter installed, the charge shall be based upon the size of the additional meter(s). For each in- creased domestic meter, the charge shall be for the size of the new do- mestic meter minus the charge for the domestic meter being replaced. For the conversion of a non-domestic water meter to domestic use, the charge will be based upon the size of the meter converted to domestic use. For the first time connection of an ex- isting developed property to the sewer system, the charge shall be based upon the size of the domestic meters for the property. •Water: The addition of a new domes- tic or irrigation water meter, increas- ing the size of an existing water meter, or the addition of a service for fire protection will require the pay- ment of the system development charge. For each additional meter in- stalled, the charge shall be based upon the size of the additional meter(s). For each increase in meter size, the charge shall be for the size of the new meter minus the charge for the meter being replaced. For the addition or increase in size of a ser- vice for fire protection, the charge shall be based upon the size of the fire service (NOT the size of the de- tector bypass meter). d. Charges Not Refunded for a Re- duction In Service: System develop- ment charges will not be refunded if the service basis, as described above, is re- duced. The service level, prior to reduc- tion, may be considered as existing level of service as described below. e. Existing Level of Service: The ex- isting level of service shall be the base- line for any additional system development charges. Said baseline level of service shall be determined by existing connections; existing size, type and number of water meters; and existing impervious surfaces. When a previously developed property has participated in demolition of existing improvements, then the baseline level of service shall be the highest level of developed condition within the five (5) year period preceding the date of application. Any development of the property that has been removed for more than five (5) years shall not be con- sidered when calculating additional fees. For demolished impervious surfaces, the City reserves the right to utilize construc- tion drawings, aerial photos, or topo- graphic maps to best determine square footage of impervious surface prior to demolition. For storm water, when increasing the level of density of single family by the ad- dition of units or redevelopment to com- mercial or multi-family, the existing level of service baseline shall be as follows: when the existing level of service is sin- gle family and the proposed service is 4-1-180B (Revised 3/13)1 - 22 single family, the baseline shall be exist- ing dwelling units. When the existing level of service is single family and the proposed service is other than single family, the baseline shall be the square footage equivalent of the existing dwell- ing units. For example, if a property owner re- moved all improvements from a two (2) acre parcel that had a one-inch (1") do- mestic water meter, a one-inch (1") irriga- tion water meter, was connected to sanitary sewer, and was fifty percent (50%) impervious and that parcel sat va- cant for two (2) years, those improve- ments would be considered when calculating additional system develop- ment charges. Exceptions: The addition of an irrigation meter only for an existing single family residential dwelling will not trigger a system devel- opment charge for water or sewer. The addition of a second domestic meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge. Improvements to existing single family residential units that have had the system development charge for storm water paid per dwelling unit shall be exempt from charges for additional impervious sur- faces unless the additional impervious surface is created by the addition of sin- gle family units or by development other than single family. Improvements to existing single family residential units such as additions that are less than five hundred (500) square feet of new impervious surface are ex- empt from the system development charge for storm water unless a new con- nection to the Renton storm water sys- tem is proposed or required as part of the permit application. 2. Exemptions to System Development Charge: a. Installation of an Irrigation Meter Solely for the Purpose of Providing Ir- rigation Water to City Right-of-Way: In- stallation of a water meter solely for the purpose of providing irrigation water to City right-of-way is exempted from the system development charge. b. Exemption for City-Owned Prop- erty: No system development charge will be collected on City-owned properties. The benefits to the utility from the use of other City properties such as utility ease- ments, lift stations and other benefits off- set the amount of the system development charge. c. Storm Water Exemption for Infil- tration Facility: Developments that infil- trate or contain on site one hundred percent (100%) of the on-site storm water runoff volume from a one hundred (100) year storm are exempt from the storm water system development charge. For the application of this credit, the owner/developer must use the current design criteria to show that the infiltration facility will infiltrate all of the volume of runoff produced from the site during the one hundred (100) year storm. For purposes of this code, “on-site” in- cludes all land within the boundary of the development. If the development benefits from the City storm water system be- cause the city system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this exemption. If a development that is granted an ex- emption under this Section discharges water off-site during a one hundred (100) year storm or less, the development shall be required to make corrections or im- provements to the on-site system such that it will infiltrate up to the one hundred (100) year storm. If, in the future, the de- velopment can no longer infiltrate one hundred percent (100%) of the on-site storm water runoff from a one hundred (100) year storm, the system develop- ment charge shall be due and payable as 4-1-180C 1 - 23 (Revised 3/13) a condition of the connection to or utiliza- tion of the City’s storm water system. Nothing in this Section shall relieve the property owner(s) from complying with the City’s current flow control and water quality treatment standards at the time the development converts from one hun- dred percent (100%) infiltration to use of the City storm system. When a develop- ment is converted from one hundred per- cent (100%) infiltration to use of the City storm system, the storm water manage- ment standards used shall consider the existing conditions prior to the property being developed under the one hundred percent (100%) infiltration exemption and the developed conditions at the time the conversion is made. There may be certain areas within the City that partially or completely prohibit the use of infiltration facilities. If a current or future code or standard prohibits or limits the use of infiltration facilities to any level below the one hundred (100) year storm, the development will not qualify for this exemption. d. Storm Water Exemption for Direct Discharge to Lake Washington: Devel- opments with property directly abutting the Lake Washington shoreline that di- rect discharges one hundred percent (100%) of the on-site storm water runoff to the lake through their own private storm system located solely on the devel- opment property(ies) are exempt from the storm water system development charge. If the development benefits from the City storm water system because the city system provides drainage for any of the lots, tracts, roadways, etc., within the development, it will not qualify for this ex- emption. Any direct discharge to waters or natural drainage courses other than Lake Washington will not qualify for this exemption. (Ord. 5678, 12-3-2012) C. SEGREGATION CRITERIA AND RULES: Except for parcels being developed for single family use, the ability exists for the segregation of special assessment district, and/or latecomer’s charges (if permitted by the latecomer’s agree- ment) if there is partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: 1. Segregation by Plat or Short Plat: Charges shall be determined on the basis of the specific platted properties being devel- oped regardless of the parcel size. Unplatted or large-platted parcels may be platted or short-platted prior to development, in which case the special assessment district, and/or latecomer’s charge will be applied to the spe- cific platted lots being developed. 2. Segregation by Administrative Deter- mination: For the partial development of a large tract of property, the owner may apply for a segregation of the special assessment district, and/or latecomer’s charge(s) for the specific portion of the property to be devel- oped. The burden of establishing the segre- gation by legal description, number of units, and map would be on the party owing the fee and not the City. The following criteria shall determine the segregation of fees: a. Provisions: This provision shall ap- ply to all developments with the excep- tion of single family residential home developments. b. Segregation of Fees: The segrega- tion of fees shall be by formal, written agreement, including a legal description approved by the City, which shall be re- corded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the special as- sessment district, and/or latecomer’s charge fee that has been paid for the property. The applicant shall also include a detailed plan, drafted to current adopted City standards, of the proposed development, which shall include the pro- posed boundary line, as described in the legal description, for the special assess- ment district, and/or latecomer’s charge determination. c. Segregated Areas: Minimum size of area segregated for determination and payment of special assessment district, and/or latecomer’s charge(s) shall be two (2) acres. The segregated area shall in- clude, but not be limited to, all contiguous existing developed land for which the special assessment district, and/or late- 4-1-190A (Revised 3/13)1 - 24 comer’s charge(s) have not been paid; all proposed buildings; driveways and side- walks; parking areas; grass and land- scape areas; public access areas; storm water systems; and improvements re- quired for mitigation of environmental im- pacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of special assessment district, and/or latecomer’s charge shall be established by survey and legal de- scription and shall not be closer than fif- teen feet (15') to any structure. d. Remnant Parcel: Minimum size of the remnant parcel of undeveloped prop- erty for which the special assessment district, and/or latecomer’s charge is de- ferred shall be two (2) acres. Should the property partially paid for under this Sec- tion later develop, then that property shall pay the special assessment district, and/or latecomer’s charge fee in place at the time of development. Should the property partially paid for under this Sec- tion later be subdivided, then the partial payment credit shall run with the subdi- vided lots. The burden of establishing that the partial payment has been made would be on the party owing the fee and not on the City. e. Determination of Charge: The spe- cial assessment district, and/or late- comer’s charge shall be determined on the basis of the percentage of a property that is developed (existing development plus proposed development). When a proposed development takes a parcel over the threshold of full development, as described in this Section, one hundred percent (100%) of the special assess- ment district, and/or latecomer’s charge(s) is owed and any balance is due and payable. f. Full Development: For the purpose of this Code, “full development” is consid- ered to be sixty percent (60%) property coverage for multi-family development and eighty percent (80%) property cover- age for commercial, industrial, mixed use, and all other development. “Property coverage” is defined as the portion of the property supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). g. Developed Area: The “developed area” shall include, but not be limited to, all contiguous existing developed land for which the system development charges have not been paid: all existing and pro- posed buildings, driveways and side- walks, parking areas, grass and landscape areas, public access areas, storm water systems, and improvements required for mitigation of environmental impacts. h. Interpretation: The Administrator of Public Works shall make the final deci- sion on interpretation of the partial pay- ment of system development charges. (Ord. 5450, 3-2-2009) 3. Segregation by Latecomer’s Agree- ment: Segregation, if segregation is permit- ted by the latecomer’s agreement, will be governed by the terms of the latecomer’s agreement. Subsections C1 and 2 of this Section shall govern segregation insofar as they are not inconsistent with the latecomer’s agreement. (Ord. 4205, 2-20-1989; Ord. 4415, 8-16-1993; Ord. 4444, 3-28-1994; Ord. 4505, 4-10-1995; Ord. 4506, 4-10-1995; Ord. 4508; Ord. 4525; Ord. 4526, 6-12-1995; Amd. Ord. 4872, 11-20-2000; Ord. 4875, 12-4-2000; Ord. 5000, 1-13-2003; Ord. 5040, 11-24-03; Ord. 5153, 9-26-2005; Ord. 5169, 12-5-05; Ord. 5326, 12-10-07; Ord. 5557, 10-18-2010) 4-1-190 IMPACT FEES: A. TITLE: This Section shall be hereinafter known as “im- pact fees.” B. PURPOSE AND INTENT: The purpose and intent of this Section is to autho- rize the collection of impact fees for transporta- tion, parks and fire protection, and provide for certain other matters in connection therewith. 4-1-190D 1 - 25 (Revised 3/13) C. FINDINGS AND AUTHORITY: The Renton City Council (hereinafter referred to as “Council”) hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and in- dustrial development in the City of Renton (here- inafter referred to as “City”) will create additional demand and need for system improvements in the City, and the Council finds that such new growth and development should pay a proportion- ate share of the cost of system improvements needed to serve the new growth and develop- ment. In the “Rate Study for Impact Fees for Transpor- tation, Parks and Fire Protection,” City of Renton, dated August 26, 2011 (“Rate Study”), hereby in- corporated by this reference, the City has docu- mented its extensive research concerning the procedures for measuring the impact of new de- velopments on public facilities. The Rate Study utilizes methodologies for calcu- lating impact fees that are consistent with the re- quirements of RCW 82.02.060(1). A copy of the most current version of the Rate Study shall be kept on file by the Renton City Clerk and will be available to the public for review. Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to assess impact fees for transportation, parks and fire protection. The provisions of this Section shall be liberally con- strued in order to carry out the purposes of the Council in providing for the assessment of impact fees. D. DEFINITIONS: The words and terms defined below shall have the following meanings for the purposes of this Section, unless the context clearly requires other- wise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, as it exists or may be amended, or given their usual and cus- tomary meaning. 1. “Administrator” means the Administrator or designee of the Department of Community and Economic Development. 2. “Building permit” means an official docu- ment or certification which is issued by the City and which authorizes the construction, alteration, enlargement, conversion, recon- struction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. 3. “Capital facilities plan” means the capital facilities element of the City’s Comprehensive Plan adopted pursuant to chapter 36.70A RCW, as it exists or may be amended, and such plan as amended. 4. “City” means the City of Renton. 5. “Council” means the Renton City Coun- cil. 6. “Department” means the City’s Depart- ment of Community and Economic Develop- ment. 7. “Development activity” means any con- struction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates the need for additional public facilities. 8. “Development approval” means any writ- ten authorization from the City of Renton which authorizes the commencement of a de- velopment activity. 9. “Encumbered” means to reserve, set aside, or otherwise earmark impact fees in or- der to pay for commitments, contractual obli- gations, or other liabilities incurred for system improvements. 10. “Feepayer” is any person, collection of persons, or department or bureau of any gov- ernmental entity or municipal corporation commencing a development activity which creates the demand for additional system im- provements and which requires the issuance of a building permit or a permit for a change of use. “Feepayer” includes an applicant for an impact fee credit. 11. “Fee schedule” is Renton’s schedule of fees and amounts to be paid for various per- mits, licenses, etc., that is published, kept on file, and made available to the public in the of- fice of the Renton City Clerk. 12. “Fire protection” shall mean fire protec- tion facilities, including but not limited to fire stations, fire apparatus, and any furnishings and equipment that can be capitalized. 4-1-190E (Revised 3/13)1 - 26 13. “Hearing Examiner” shall mean that person or persons acting as the Renton Hear- ing Examiner. 14. “Impact fee” means a payment of money imposed by the City of Renton on de- velopment activity pursuant to this Section as a condition of granting development ap- proval. An impact fee does not include a rea- sonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the fee for reviewing indepen- dent fee calculations, or the fee for deferring payment of impact fees. 15. “Impact fee account(s)” means the sep- arate accounting structure(s) within the City’s established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the impact fees that are collected. The account(s) shall be es- tablished pursuant to subsection M of this Section, as it exists or may be amended, and shall comply with the requirements of RCW 82.02.070, as it exists or may be amended. 16. “Independent fee calculation” means the transportation impact fee calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation, parks or fire protection impact fee other than by the use of the rates pub- lished in the City’s fee schedule, or the calcu- lations prepared by the department where none of the fee categories or fee amounts in the City’s fee schedule accurately describe or capture the impacts of the development activ- ity on public facilities. 17. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. 18. “Parks” shall mean parks, open space, and recreation facilities including but not lim- ited to land, improvements, and any furnish- ings and equipment that can be capitalized. 19. “Permit for change of use or change of use permit” means an official document which is issued by the City which authorizes a change of use of an existing building or structure or land. 20. “Project improvements” means site im- provements and facilities that are planned and designed to provide service for a particu- lar development project, are necessary for the use and convenience of the occupants or users of the project, and are not system im- provements. No improvement or facility in- cluded in a capital facilities plan adopted by the Council shall be considered a project im- provement. 21. “Public facilities,” for purposes of this Section, means the following capital facilities owned or operated by the City of Renton or other governmental entities: public streets and roads, public parks, open space and rec- reation facilities and fire protection facilities. 22. “Rate Study” means the “Rate Study for Impact Fees for Transportation, Parks and Fire Protection,” City of Renton, dated August 26, 2011, or as hereinafter amended. 23. “Street” or “road” means a public right- of-way and all related appurtenances, includ- ing lawfully required off-site mitigation, which enables motor vehicles, transit vehicles, bicy- cles, and pedestrians to travel between des- tinations. For purposes of this Section, public streets and roads are collectively referred to as “transportation.” 24. “System improvements,” for purposes of this Section, means public facilities that are included in the City of Renton’s capital facili- ties plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. 25. “Transportation” means public streets and roads and related appurtenances. E. ESTABLISHMENT OF SERVICE AREA: 1. The City hereby establishes, as the ser- vice area for impact fees, the City of Renton, including all property located within the cor- porate city limits. 2. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and engineering principles, and consistent with RCW 82.02.060, as it exists or may be amended, as described in the Rate Study. 4-1-190G 1 - 27 (Revised 3/13) F. IMPACT FEES METHODOLOGY AND APPLICABILITY: The transportation impact fees in the City’s fee schedule are generated from the formulae for cal- culating transportation impact fees set forth in the Rate Study. Except as otherwise provided for in- dependent fee calculations in subsection H of this Section, exemptions in subsection I of this Sec- tion, and credits in subsection J of this Section, as they exist or may be amended, all new develop- ment activity in the City will be charged impact fees applicable to the type of development listed in the City’s fee schedule. G. COLLECTION OF IMPACT FEES: 1. The City shall collect impact fees, based on the rates in the City’s fee schedule, from any applicant seeking development approval from the City for any development activity within the City, when such development activ- ity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. 2. Maximum allowable impact fees are es- tablished by the Rate Study. The rates to be charged by the City are listed in the City’s fee schedule. 3. When an impact fee applies to a change of use permit, the impact fee shall be the ap- plicable impact fee for the land use category of the new use, less any impact fee previ- ously paid for the land use category of the prior use. For purposes of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property under development. Changes in use or tenancy, if consistent with the general character of the building or building aggrega- tions (i.e., “industrial park,” or “specialty re- tail”) should not be considered a change in use that is subject to an impact fee. Further, minor changes in tenancies that are consis- tent with the general character of the included structure, building, or previous use should not be considered changes in use subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant build- ings shall be assessed as if in the most recent legally established use as shown on a locally owned business license or development per- mit documents. 4. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use, based on the applica- ble measurement in the impact fee rates in the City’s fee schedule. 5. Impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is sub- mitted using the impact fees then in effect. Impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. 6. Feepayers allowed credits prior to the submittal of the complete building permit ap- plication or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter pre- pared by the Administrator setting forth the dollar amount of the credit allowed. Impact fees, as determined after the application of any credits, shall be collected from the fee- payer no later than the time a building permit or permit for a change of use is issued. 7. An applicant for residential subdivision, short subdivision, or planned unit develop- ment may defer payment of impact fees for all of the dwelling units to be created in the de- velopment until the earlier of seven (7) calen- dar days after the date of the sale of a single detached dwelling unit, condominium unit, or a multifamily residential building or eighteen (18) months after the issuance of the original building permit, but only if before recording the subdivision or short subdivision, the appli- cant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form, which includes the legal description, tax account number, and address of each in- dividual in the development; b. Records at the applicant’s expense a covenant and lien that complies with the requirements of subsections G8bi through v of this Section; and c. Pays the applicable non-refundable administrative fee. 4-1-190H (Revised 3/13)1 - 28 8. A building permit applicant may defer payment of impact fees for a single detached dwelling unit, condominium unit, or all of the dwelling units in a multifamily residential building until the earlier of the seven (7) cal- endar days after the date of the sale of a sin- gle detached dwelling unit, a condominium unit or a multifamily residential building or eighteen (18) months after issuance of the original building permit, but only if before is- suance of the building permit, the applicant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form for each single detached dwelling unit, condominium unit or all of the dwelling units in a multi-family residential building for which the applicant wishes to defer payment of the impact fees; b. Records at the applicant’s expense a covenant and lien that: i. Requires payment of the impact fees to the City at the earlier of seven (7) calendar days after the date of sale or eighteen (18) months after is- suance of the original building per- mit; ii. Provides that if the impact fees are paid through escrow at closing of sale, in the absence of an agreement between the buyer and the seller to the contrary, the impact fees shall be paid from the seller’s proceeds; iii. Provides that the seller bears strict liability for the payment of the impact fees; iv. Requires the seller or seller’s agent of property subject to the cov- enant and lien to provide written dis- closure of the covenant and lien to a purchaser or prospective purchaser. Disclosure of the covenant must in- clude the amount of impact fees pay- able and that the fees are to be paid to the City on the date of sale; and v. Makes the applicant legally liable for payment of the impact fees if the fees are not paid by the earlier of seven (7) calendar days after the date of sale or eighteen (18) months after the building permit has been is- sued. 9. Payment of impact fees deferred un- der this subsection shall be made by cash, escrow company check, cashier’s check or certified check. 10. Upon receipt of payment of impact fees deferred under this subsection, the City shall execute a lien release for each single detached dwelling unit, condomin- ium unit, or multifamily residential build- ing for which the impact fees have been received. Unless an agreement to the contrary is reached between buyer and seller, the seller, at the seller’s expense, shall be responsible for recording the lien release. 11. The Department shall not issue the required building permit or the permit for the change of use until the impact fees have been paid or the signed and nota- rized deferred impact fee application and acknowledgement form and deferral fee have been received and accepted by the City. 12. Not later than March 1, 2015, the Administrator shall report to the Council on the effect of subsections G6 and 7 of this Section, as they exist or may be amended. The report shall include infor- mation on the number of applications for deferral, the length of time of deferral, the amount of fees deferred, the number of fees and amount not paid as required, and any adverse impacts to the ability of the City to construct projects made nec- essary by new development. The report shall also include recommendations for changes to address deficiencies identi- fied in the report. H. INDEPENDENT FEE CALCULATIONS: 1. If, in the judgment of the Administrator, none of the fee categories or fee amounts set forth in the City’s fee schedule accurately de- scribes or captures the impacts of a new de- velopment on public facilities, the Department may conduct independent fee calculations and the Administrator may im- pose alternative fees on a specific develop- 4-1-190I 1 - 29 (Revised 3/13) ment based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. 2. A feepayer may opt not to have the im- pact fees determined according to the fee structure in the City’s fee schedule, in which case the feepayer shall prepare and submit to the Administrator an independent fee calcula- tion for the development activity for which a building permit is being sought. The docu- mentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to es- tablish impact fees adopted pursuant to the City’s fee schedule, shall be limited to adjust- ments in trip generation rates and lengths for transportation impact fees, persons per dwelling unit for park impact fees, and fire in- cident rates for fire impact fees. 3. There is a rebuttable presumption that the calculations set forth in the Rate Study are valid. The Administrator shall consider the documentation submitted by the fee- payer, but is not required to accept such doc- umentation or analysis which the Administrator reasonably deems to be inap- plicable, inaccurate, incomplete, or unreli- able. The Administrator may require the feepayer to submit additional or different doc- umentation for consideration. The Adminis- trator is authorized to adjust the impact fees on a case-by-case basis based on the inde- pendent fee calculation, the specific charac- teristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefor shall be set forth in writing and shall be mailed to the feepayer. 4. Alternative impact fees calculated pursu- ant to this subsection shall be phased and re- duced in the same manner and to the same extent that the impact fees in the City’s fee schedule are phased and reduced from the maximum allowable impact fees in the Rate Study. 5. Determinations made by the Administra- tor pursuant to this Section may be appealed to the office of the Hearing Examiner under the procedures set forth in subsection L of this Section. I. EXEMPTIONS: 1. Except as provided for below, the follow- ing shall be exempted from the payment of all transportation, parks, and fire impact fees: a. Alteration or replacement of an exist- ing residential structure that does not cre- ate an additional dwelling unit or change the type of dwelling unit. b. Alteration or replacement of an exist- ing nonresidential structure that does not expand the usable space or change the existing land use. c. Miscellaneous improvements which do not generate increased need for pub- lic facilities, including, but not limited to, fences, walls, residential swimming pools, and signs. d. Demolition or moving of a structure. e. Properties that have undergone prior State Environmental Policy Act (SEPA) review and received a final decision that includes mitigation requirements on the condition that the SEPA mitigation obliga- tion has or will be fulfilled by the time the impact fees, if applicable, would be due. f. Low-income housing that qualifies for waived fees under the provisions of RMC 4-1-210, as it exists or may be amended. g. Temporary manufactured homes for medical hardships that meet the criteria identified in RMC 4-9-240, as it exists or is amended. 2. The Administrator shall be authorized to determine whether a particular development activity falls within an exemption identified in this Section. The Administrator’s determina- tions shall be in writing and shall be subject to the appeals procedures set forth in subsec- tion L of this Section, as it exists or may be amended. 4-1-190J (Revised 3/13)1 - 30 J. CREDITS FOR DEDICATIONS, CONSTRUCTION OF IMPROVEMENTS, AND PAST TAX PAYMENTS: 1. A feepayer may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land and improve- ments, and/or construction provided by the feepayer. Credits will be given only if the land, improvements, and/or the facility constructed are: a. Included within the capital facilities plan or would serve the goals and objec- tives of the capital facilities plan; b. Determined by the City to be at suit- able sites and constructed at acceptable quality; c. Serve to offset impacts of the fee- payer’s development activity; and d. Are for one (1) or more of the projects listed in the Rate Study as the basis for calculating the transportation impact fee. 2. For credits for dedications: a. The Administrator shall determine if requests for credits meet the criteria in subsection J1 of this Section or other ap- plicable law. The Administrator’s determi- nations shall be in writing and shall be subject to the appeals procedure set forth in subsection L of this Section, as it exists or may be amended. b. For each request for a credit or cred- its, the Administrator shall select an ap- praiser or, in the alternative, the feepayer may select an independent appraiser ac- ceptable to the Administrator. c. Unless approved otherwise by the Administrator, the appraiser must be a member of the American Institute of Ap- praisers and be licensed in good stand- ing pursuant under chapter 18.40 RCW et seq., as it exists or may be amended, in the category for the property or im- provement to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. d. The Administrator will accept or re- ject the appraisal and the decision may be subject to independent review by the Hearing Examiner. e. The feepayer shall pay the actual costs for the appraisal and an indepen- dent review, if required, unless the Ad- ministrator determines that payment for independent review should not be at the feepayer’s expense. f. After considering the appraisal and the review, the Administrator shall pro- vide the applicant with a written determi- nation setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property ded- icated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The feepayer must sign and date a duplicate copy of such determination accepting the terms of the letter or certificate, and return such signed document to the Administrator be- fore the impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within sixty (60) calendar days of the date of the de- termination shall nullify the credit. g. No credit shall be given for project improvements. 3. A feepayer may request a credit or cred- its for impact fees previously awarded for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement for which credit is requested. The Administrator shall determine the amount of credits, if any, for past tax payments for system improvements. 4. The Administrator’s determinations pur- suant to this Section shall be subject to the appeals procedures set forth in subsection L of this Section, as it exists or may be amended. 4-1-190O 1 - 31 (Revised 3/13) K. ADJUSTMENTS FOR FUTURE TAX PAYMENTS AND OTHER REVENUE SOURCES: Pursuant to and consistent with the requirements of RCW 82.02.060, as it exists or may be amended, the Rate Study has provided adjust- ments for future taxes to be paid by the develop- ment activity which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fees in the City’s fee schedule have been reasonably ad- justed for taxes and other revenue sources which are anticipated to be available to fund public im- provements. L. APPEALS: 1. The Administrator’s determinations with respect to the applicability of the impact fees to a given development activity, the availabil- ity or value of a credit, the Administrator’s de- cision concerning the independent fee calculation which is authorized in subsection H of this Section, as it exists or may be amended, or any other Administrator’s deter- mination pursuant to this Section may be ap- pealed by the feepayer to the provisions of RMC 4-8-110E, as it exists or may be amended. No building or change of use per- mits will be issued until the impact fee is paid or the signed and notarized deferred impact fee application and acknowledgement form and deferral fee have been received and ac- cepted by the City; provided, however, that the feepayer may pay the fee under protest pending appeal to avoid delays in the issu- ance of building permits or change of use per- mits. 2. Appeals to the Hearing Examiner shall be taken in accord with the processes set forth in RMC 4-8-110E, as it exists or may be amended. 3. The Hearing Examiner is authorized to make findings of fact regarding the applicabil- ity of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an in- dependent fee calculation. There is a pre- sumption of validity of the Administrator’s determination. The feepayer has the burden of proof during any appeal of the Administra- tor’s determination or decision. 4. The Hearing Examiner may, so long as such action is in conformance with the provi- sions of this Section, reverse, affirm, modify or remand, in whole or in part, the Administra- tor’s determinations with respect to the amount of the impact fees imposed or the credit awarded. M. ESTABLISHMENT OF IMPACT FEE ACCOUNTS: 1. The City shall establish separate impact fee accounts for the transportation, parks and fire protection impact fees collected pursuant to this Section. Funds withdrawn from the ac- counts must be used in accordance with the provisions of this Section and applicable state law. Interest earned on the fees shall be re- tained in the accounts and expended for the purposes for which the impact fees were col- lected. 2. Impact fee receipts shall be earmarked specifically and deposited in the appropriate interest-bearing impact fee accounts. 3. Impact fees shall be expended or encum- bered within ten (10) years of receipt, unless the Council identifies in written findings ex- traordinary and compelling reasons for the City to hold the fees beyond the ten (10) year period, pursuant to RCW 82.02.070(3), as it exists or may be amended. N. ADMINISTRATIVE GUIDELINES: The Administrator is authorized to adopt internal guidelines for the administration of impact fees, which may include the adoption of procedural rules to clarify or further the procedural rules set forth in this Section. O. REFUNDS AND OFFSETS: 1. If the City fails to expend or encumber the impact fees within ten (10) years of the date the fees were paid, unless extraordinary or compelling reasons are established pursuant to subsection M of this Section, as it exists or may be amended, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In de- termining whether impact fees have been ex- pended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. 4-1-190P (Revised 3/13)1 - 32 2. The City shall notify potential claimants by first-class mail deposited with the United States Postal Service at the last known ad- dress of such claimants. A potential claimant must be the current owner of record of the real property against which the impact fees were assessed. 3. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the Administrator within one (1) year of the date the right to claim the refund arises or the date that notice is given, which- ever is later. 4. Any impact fees for which no application for a refund has been made within this one (1) year period shall be retained by the City and expended on the system improvements for which they were collected. 5. Refunds of impact fees under this sub- section shall include any interest earned on the impact fees by the City. 6. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this Section. Upon the finding that any or all fee requirements are to be termi- nated, the City shall place notice of such ter- mination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claim- ants by first-class mail at the last known ad- dress of the claimants. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remain- ing funds shall be retained by the City, but must be expended for the public facilities for which the impact fees were collected. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being termi- nated. 7. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including inter- est earned on the impact fees, if the develop- ment activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the appli- cation for a refund, the Administrator may de- cline to provide the refund. If, within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the Administrator for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The Admin- istrator’s determinations shall be in writing and shall be subject to the appeals proce- dures set forth in subsection L of this Section, as it exists or may be amended. P. USE OF IMPACT FEES: 1. Pursuant to this Section, impact fees: a. Shall be used for system improve- ments that will reasonably benefit the new development activity; b. Shall not be imposed to make up for deficiencies in public facilities; and c. Shall not be used for maintenance or operation. 2. Impact fees may be spent for system im- provements to public streets and roads, pub- lic parks, open space and recreation facilities and fire protection facilities as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improve- ments, construction, engineering, architec- tural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other ex- penses which can be capitalized. 3. Impact fees may also be used to recoup system improvement costs previously in- curred by the City to the extent that new growth and development will be served by the previously constructed improvements or in- curred costs. 4. In the event that bonds or similar debt in- struments are or have been issued for the ad- vanced provision of system improvements for which impact fees may be expended, such impact fees may be used to pay debt service 4-1-200 1 - 33 (Revised 3/13) on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the require- ments of this Section. Q. REVIEW AND ADJUSTMENT OF RATES: 1. The fees and rates set forth in the Rate Study may be reviewed and adjusted by the Council as it deems necessary and appropri- ate in conjunction with the annual budget pro- cess so that adjustments, if any, will be effective at the first of the calendar year sub- sequent to budget period under review. 2. As part of the budget adoption process, the fees shall be adjusted by the same per- centage change as in the most recent annual change of the Construction Cost Index pub- lished in the Engineering News Record. R. ADMINISTRATIVE FEES: 1. Each application for a deferral of pay- ment of residential impact fees, either under subsection G6 or G7 of this Section, shall pay a nonrefundable administrative deferral fee of eighty-five dollars ($85.00) for each lot, single detached dwelling unit, or condominium unit and eighty-five dollars ($85.00) for each mul- tifamily residential building. The fee shall be paid at the time the application for deferral is submitted to the City. 2. Any feepayer submitting an independent fee calculation shall pay a fee to cover the cost of reviewing the independent fee calcu- lation. The fee shall be five hundred dollars ($500.00), unless otherwise established by the Administrator, and shall be paid by the feepayer prior to issuance of the Administra- tor’s determination. 3. Any feepayer filing an appeal of impact fees shall pay the fee set by the City for ap- peals of administrative interpretations and decision. The appeal fee shall be paid at the time of filing of the appeal. 4. Administrative fees shall be deposited into a separate administrative fee account within the impact fee account(s). Administra- tive fees shall be used to defray the City’s ac- tual costs associated with the assessment, collection, administration and update of the impact fees. 5. Administrative fees shall not be refund- able, shall not be waived, and shall not be credited against the impact fees. S. EXISTING AUTHORITY UNIMPAIRED: Nothing in this Section shall preclude the City from requiring the feepayer or the proponent of a development activity to mitigate adverse environ- mental impacts of a specific development pursu- ant to the SEPA, chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or chapter 58.17 RCW, governing plats and subdivisions. Compliance with this Section and/or payment of fees under this Section shall not con- stitute evidence of a determination of transporta- tion concurrency. (Ord. 5670, 10-8-2012) 4-1-200 EXTRA FEES: Whenever any application is to be handled under the terms of any portion of the City’s land use codes, adopted codes, or the International Build- ing Code, and that application is so large, compli- cated or technically complex that it cannot be handled with existing City staff, then an additional fee can be charged which is equivalent to the ex- tra costs incurred by the City of Renton to pay: A. Overtime costs, B. The pro rata costs of additional employees necessary to handle the application, C. The costs expended to retain the qualified consultants to handle the project, and D. Any general administrative costs when di- rectly attributable to the project. Such fees shall be charged only to the extent in- curred beyond that normally incurred for process- ing an application. (Ord. 4596, 4-8-1996) When the application or development plans are modified so as to require additional review by the City beyond the review normally required for like projects, at the discretion of the Community and Economic Development Administrator, an addi- tional fee may be charged at seventy five dollars ($75.00) per hour. (Ord. 4491, 12-19-1994, Amd. 4-1-210A (Revised 3/13)1 - 34 Ord. 4560, 11-13-1995, Ord. 4613, 6-17-1996; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-1-210 WAIVED FEES: A. GENERAL: The Renton City Council shall, upon stating an equitable or legal reason for waiver, have the au- thority to waive any and all fees authorized under this Chapter of Title 4. (Ord. 5153, 9-26-2005) B. OWNER-OCCUPIED HOUSING INCENTIVE: 1. Purpose: To encourage owner-occupied housing in the CD, RM-U, and RM-T zones of the Urban Center Comprehensive Plan des- ignation and the CV, RM-F, and R-14 zones within the Center Village Comprehensive Plan designation, certain development and mitigation fees for “For Sale” housing may be waived for eligible projects, subject to City Council approval. 2. Eligibility Criteria: To qualify for waived fees, projects must meet the following crite- ria: a. The project is new construction; and b. All of the housing units will be platted or condominium “For Sale” housing; and c. The project will be a minimum of ten (10) units if in the RM-T zone of the Ur- ban Center Comprehensive Plan desig- nation or the RM-F zone or R-14 zone within the Center Village Comprehensive Plan designation; or d. The project will be a minimum of thirty (30) units if in the CD zone or RM-U zone of the Urban Center Comprehen- sive Plan designation or the CV zone within the Center Village Comprehensive Plan designation. 3. Applicable Fees: Fees which may be waived are: a. Building permit fees; b. Building permit plan review fees; c. Water, surface water, and wastewa- ter system development charges; d. Public Works plan review and in- spection fees; and e. Fire, transportation, and parks im- pact mitigation fees. 4. Application Process: Persons who in- tend to apply for the owner-occupied housing incentive fee waivers must disclose their in- tent to apply for waived fees prior to or by the administrative site plan development review period. The application for waived fees must be made to the Community and Economic Development Administrator (or any other City office, department or agency that shall suc- ceed to its functions with respect to this Sec- tion) at the time of the land use application, unless otherwise approved by City Council. 5. Restrictive Covenant: All residential units which obtain a successful fee waiver must contain a restrictive covenant indicating that the units will be platted or will be re- stricted to condominium housing. After re- view and approval of the waiver by the City Council and the review and approval of the restrictive covenant by the Community and Economic Development Administrator, the restrictive covenant must be executed and recorded at the applicant’s expense prior to the issuance of the building permit for the project, unless otherwise approved by City Council. Failure to timely execute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a result of the delay. 6. Cancellation of Covenant: After the ap- plication has been approved and/or the re- strictive covenant is recorded, if the type of housing to be offered is altered from owner- occupied “For Sale” new housing, all applica- ble fees must be paid with interest. 7. Effective Date and Sunset: These fee waivers are effective for building permits is- sued after August 13, 2001, and will sunset at the close of business on December 31, 2015, unless extended by City Council action. (Ord. 4913, 8-27-2001; Amd. Ord. 5095, 9-13-2004; Ord. 5153, 9-26-2005; Ord. 5309, 10-8-2007; Ord. 5524, 2-1-2010; Ord. 5668, 8-20-2012; Ord. 5676, 12-3-2012) 4-1-210C 1 - 34.1 (Revised 3/13) C. RENTAL HOUSING INCENTIVE: 1. Purpose: To encourage new rental housing in the CV, RM-F, and R-14 zones within the Center Village Comprehensive Plan designation, certain development and mitigation fees for rental housing may be waived for eligible projects, subject to City Council approval. 2. Definitions: In construing the provisions of this subsection, the following definitions shall be applied: a. “Affordable housing” means residen- tial housing that is rented by a low-in- come household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty per- cent (30%) of the household’s monthly in- come. b. “Household” means a single person, family, or unrelated persons living to- gether. c. “Low-income household” means a single person, family, or unrelated per- sons living together whose adjusted in- come is at or below sixty percent (60%) of the median income. d. “Median income” means the median family income adjusted for family size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. e. “Multi-family housing” means one or more new buildings designed for rental housing, each with four (4) or more dwell- ing units. f. “Rental housing” means multi-family housing that provides rental accommo- dation on a nontransient basis. This defi- nition includes rental accommodation that is leased for a period of at least one month but excludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. 3. Eligibility Criteria: To qualify for waived fees, projects must meet the following crite- ria: a. The multi-family housing project is new construction rental housing; and b. The project will be a minimum of eight (8) units if in the RM-F zone or R-14 zone within the Center Village Compre- hensive Plan designation; or c. The project will be a minimum of thirty (30) units if in the CV zone within the Center Village Comprehensive Plan designation. 4. Fees: a. Fees which may be waived: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and waste- water system development charges; iv. Public Works plan review and in- spection fees; and v. Fire, transportation, and parks impact mitigation fees. b. Portion of fees which may be waived: i. One hundred percent (100%) of the above fees may be waived for el- igible rental housing projects with at least fifty percent (50%) of the units set aside as affordable housing; or ii. Fifty percent (50%) of the above fees may be waived for eligible mar- ket-rate rental housing projects. 5. Application Process: Persons who in- tend to apply for the rental housing incentive fee waivers must disclose their intent to apply for waived fees prior to or by the administra- tive site plan development review period. The application for waived fees must be made to the Community and Economic Development 4-1-220A (Revised 3/13)1 - 34.2 Administrator (or any other City office, depart- ment or agency that shall succeed to its func- tions with respect to this Section) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All projects which obtain a fee waiver as affordable hous- ing under subsection C4bi of this Section must contain a restrictive covenant indicating that at least fifty percent (50%) of the units will be set aside and rented as affordable hous- ing. After review and approval of the waiver by the City Council and the review and ap- proval of the restrictive covenant by the Com- munity and Economic Development Administrator, the restrictive covenant must be executed and recorded at the applicant’s expense prior to the issuance of the building permit for the project, unless otherwise ap- proved by City Council. Failure to timely exe- cute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a re- sult of the delay. 7. Cancellation or Modification: If the project fails to meet the requirements of this subsection C, all applicable fees must be paid with interest. After the application has been approved and/or the restrictive covenant is recorded, the project may not be modified to owner-occupied “For Sale” housing without the advance approval of the City Council. 8. Effective Date and Sunset: These fee waivers are effective for building permits is- sued after September 5, 2011, and will sunset at the close of business on December 31, 2015, unless extended by City Council ac- tion. (Ord. 5617, 8-1-2011; Ord. 5668, 8-20-2012; Ord. 5676, 12-3-2012) 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS: A. PURPOSE: As provided for in chapter 84.14 RCW, the pur- pose of this Section is to provide limited, eight (8), ten (10), or twelve (12) year exemptions from ad valorem property taxation for qualified new multi- family housing located in designated residential targeted areas. B. DEFINITIONS: In construing the provisions of this Section, the following definitions shall be applied: 1. “Administrator” means the Department of Community and Economic Development Ad- ministrator, or any other City office, depart- ment or agency that shall succeed to its functions with respect to this Section. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 2. “Affordable housing” means residential housing that is rented by a low-income household whose monthly housing costs, in- cluding rent and utilities other than telephone, do not exceed thirty percent (30%) of the household’s monthly income. For the pur- poses of housing intended for owner occu- pancy, “affordable housing” means residential housing that is within the means of and purchased by low- or moderate-income households. 3. “Household” means a single person, family, or unrelated persons living together. 4. “Low-income household” means a single person, family, or unrelated persons living to- gether whose adjusted income is at or below eighty percent (80%) of the median income, as further defined in subsection (C)(1)(b)(ii)(a) of this Section. 5. “Median income” means the median fam- ily income adjusted for family size for King County, as reported by the United States De- partment of Housing and Urban Development (HUD). In the event that HUD no longer pub- lishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. 6. “Mixed-use” means a multi-family hous- ing residential project with at least one other nonresidential use in one or more multi-family housing buildings in the project, such as re- tail, office, entertainment, schools, confer- ence centers or a use approved in writing by the (CED) Administrator. The purpose of the mixed-use requirement is to implement the 4-1-220C 1 - 35 (Revised 3/10) intent of the land use district, maximize the ef- ficient use of land, support transit use, and encourage the development of well-bal- anced, attractive, convenient, and vibrant ur- ban residential neighborhoods. The additional use excludes any accessory func- tions related to the residential use. Unless otherwise modified or waived in writing by the Administrator, the nonresidential mixed-use shall occupy at a minimum the ground floor along the street frontage with a depth of at least thirty feet (30') for any building in the project. 7. “Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below one hundred twenty percent (120%) of the median income, as further defined in sub- section (C)(1)(b)(ii)(b) of this Section. 8. “Multi-family housing” means one or more new buildings designed for permanent residential occupancy, each with four (4) or more dwelling units. 9. “Permanent residential occupancy” means multi-family housing that provides ei- ther owner occupancy or rental accommoda- tion on a nontransient basis. This definition includes rental accommodation that is leased for a period of at least one month but ex- cludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. C. TAX EXEMPTION: 1. Duration of Exemption: The value of improvements qualifying under RMC 4-1-220D is exempt from ad valorem property taxation as follows: a. For properties for which applications are submitted before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption. b. For properties for which applications are submitted on or after July 22, 2007, the value is exempt: i. For eight (8) successive years beginning January 1st of the year im- mediately following the calendar year of issuance of the final certificate of tax exemption; or ii. For twelve (12) successive years beginning January 1st of the year im- mediately following the calendar year of issuance of the final certificate of tax exemption, if the property other- wise qualifies for the exemption and the applicant/owner rents or sells at least twenty percent (20%) of the multi-family housing units as afford- able housing to low and moderate in- come households as further defined in subsections (C)(1)(b)(ii)(a) and (C)(1)(b)(ii)(b) of this Section. (a) For rental projects, at least twenty percent (20%) of the multi-family housing units in the project must be rented through- out the duration of the twelve (12) year exemption period as af- fordable housing to low-income households at eighty percent (80%) or less of median income. (b) For ownership projects, at least twenty percent (20%) of the multi-family housing units in the project must be sold as afford- able housing to low or moderate income households at one hun- dred twenty percent (120%) or less of median income. c. The owner may use any combination of studio, one (1) bedroom, two (2) bed- room, and/or three (3) bedroom units to comply with the minimum twenty percent (20%) requirement in subsections (C)(1)(b)(ii)(a) and (C)(1)(b)(ii)(b) of this Section. d. If, in calculating the minimum twenty percent (20%) of the multi-family housing units in the project for affordable housing in subsection (C)(1)(b)(ii) of this Section, the number contains a fraction, then the minimum number of multi-family housing units for affordable housing shall be rounded up to the next whole number. 4-1-220D (Revised 3/10)1 - 36 e. When the project includes more than one building with multi-family housing units, all of the affordable housing units required in subsection (C)(1)(b)(ii) of this Section may not be located in the same building. 2. Limits on Exemption: The exemption does not apply to the value of land or to the value of nonhousing-related improvements not qualifying under RMC 4-1-220D, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improve- ments. This Section also does not apply to in- creases in assessed valuation made by the County Assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a County Board of Equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or ap- praisal required by law. D. PROJECT ELIGIBILITY: To qualify for exemption from property taxation under this Section, the project must satisfy all of the following requirements: 1. Location: The property must be located in one of the designated “residential targeted areas” listed below in subsection (D)(1)(a) or (D)(1)(b) of this Section which are targeted for low-income housing serving households at or below eighty percent (80%) of the me- dian income. If a part of any legal lot is within a residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. a. Sunset Area: Within the Center Vil- lage Comprehensive Plan designation and in one of the following: the Center Vil- lage (CV) Zone, the Residential Multi- Family (RM-F) Zone, or the Residential 14 Dwelling Units/Acre (R-14) Zone; or (Ord. 5525, 2-1-2010) b. Downtown: In the Center Downtown (CD) Zone, Residential Multi-Family Ur- ban Center (RM-U) Zone, or Residential Multi-Family Traditional (RM-T) Zone. 2. Size and Structure: a. If the project is located in the Resi- dential Multi-Family Traditional (RM-T) Zone or within the Center Village Com- prehensive Plan designation and in either the Residential Multi-Family (RM-F) Zone or the Residential 14 Dwelling Units/Acre (R-14) Zone, the project must (i) consist of a minimum total of ten (10) new dwell- ing units of multi-family housing, and (ii) be located within a new residential struc- ture(s) or a new mixed-use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. b. If the project is located in the Resi- dential Multi-Family Urban Center (RM-U) Zone, the Center Downtown (CD) Zone or is within the Center Village Comprehen- sive Plan designation and in the Center Village (CV) Zone, the project must (i) consist of a minimum total of thirty (30) new dwelling units of multi-family housing and (ii) be located in a new mixed-use de- velopment, unless otherwise waived by the Administrator. If the Administrator waives the mixed-use development re- quirement, the multi-family housing must be located in a new residential struc- ture(s). At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. 3. Exception for Existing Residential Structure: In the case of an existing oc- cupied residential structure that is pro- posed for demolition and redevelopment as new multi-family housing, the project must provide as a minimum number of dwelling units in the new multi-family housing project, the greater of: a. Replace the existing number of dwelling units and, unless the exist- ing residential rental structure was vacant for twelve (12) months or more prior to demolition, provide for a minimum of four (4) additional dwell- ing units in the new multi-family housing project; or 4-1-220E 1 - 36.1 (Revised 3/10) b. Provide the number of dwelling units otherwise required in subsec- tion (D)(2) of this Section. 4. Completion Deadline: The project must be completed within three (3) years from the date of approval of the contract by the City Council as provided in RMC 4-1-220F2 or by any extended deadline granted by the Administrator as provided in RMC 4-1-220I. E. APPLICATION PROCEDURE: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form es- tablished by the Administrator. The owner shall verify the correctness of the information contained in the application by his/her signa- ture and affirmation made under penalty of perjury under the laws of the State of Wash- ington. The application shall contain such in- (Revised 3/10)1 - 36.2 This page left intentionally blank. 4-1-220H 1 - 37 (Revised 6/09) formation as the Administrator may deem necessary or useful, which at a minimum shall include: a. A completed City application form, including information setting forth the grounds for tax exemption and whether the owner elects to rent or sell at least twenty percent (20%) of the multi-family housing units as affordable housing to low- and moderate-income households to qualify for the twelve (12) year exemp- tion defined in subsection (C)(1)(b)(ii) of this Section; b. A brief written description of the project, and schematic site and floor plans of the multi-family dwelling units and the structure(s) in which they are proposed to be located; c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City’s final action on the ex- emption application; d. A statement from the owner acknowl- edging the potential tax liability when the property ceases to be eligible for exemp- tion under this Section. 2. Fee: At the time of initial application un- der this Section, the owner shall pay to the City an initial application fee of one thousand dollars ($1,000.00). 3. Deadline: The application shall be sub- mitted prior to the issuance of the building per- mit for the project, unless otherwise approved by the Council. The Administrator shall ap- prove or deny an exemption application within ninety (90) days of receipt of a complete ap- plication. (Ord. 5427, 11-17-2008) F. APPLICATION APPROVAL: 1. Approval: The Administrator may ap- prove an application if he or she finds that: a. The owner has complied with all of the requirements of this Section, includ- ing but not limited to the project eligibility requirements contained in RMC 4-1-220D and the application require- ments contained in RMC 4-1-220E; and b. The proposed project is, or will be at the time of completion, in conformance with all approved plans, and all applica- ble requirements of the Renton Municipal Code or other applicable requirements or regulations in effect at the time the appli- cation is approved. 2. Contract Required: If the application is approved, the owner shall enter into a con- tract with the City, approved by the City Coun- cil, regarding the terms and conditions of the project under this Section. 3. Issuance of Conditional Certificate: Following Council approval of the contract, the Administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of Council approval of the contract unless an extension is granted as provided in RMC 4-1-220I. G. APPLICATION DENIAL: 1. Denial: The Administrator shall deny an application if the criteria in RMC 4-1-220F1 are not met. The Administrator shall state in writing the reasons for the denial and send notice of denial to the owner’s last known ad- dress within ten (10) days of the denial. 2. Appeal: An owner may appeal a denial of a tax exemption application to the City Council by filing a notice of appeal with the City Clerk within thirty (30) calendar days of receipt of notice of the denial. The appeal be- fore the City Council shall be based upon the record before the Administrator, and the Ad- ministrator’s decision will be upheld unless the owner can show that there is no substan- tial evidence on the record to support the Ad- ministrator’s decision. The City Council’s decision on appeal is final. H. AMENDMENT OF CONTRACT: An owner may request an amendment(s) to the contract by submitting a request in writing to the Administrator, together with a fee of five hundred dollars ($500.00), at any time within three (3) years of the date of the approval of the contract as provided for in RMC 4-1-220G2. The date for ex- piration of the conditional certificate shall not be 4-1-220I (Revised 6/09)1 - 38/40 extended by contract amendment unless all the conditions for extension set forth in RMC 4-1-220I are met. I. EXTENSION OF CONDITIONAL CERTIFICATE: 1. Application: The conditional certificate may be extended by the Administrator for a period not to exceed twenty four (24) consec- utive months. The owner shall submit a writ- ten request stating the grounds for the extension together with a fee of two hundred fifty dollars ($250.00). 2. Approval: The Administrator may grant an extension if the Administrator finds that: a. The anticipated failure to complete construction within the required time pe- riod is due to circumstances beyond the control of the owner; b. The owner has been acting, and could reasonably be expected to con- tinue to act, in good faith and with due dil- igence; and 4-1-220J 1 - 41 (Revised 8/08) c. All the conditions of the original con- tract between the owner and the City will be satisfied upon completion of the project. 3. Denial – Appeal: If an extension is de- nied, the Administrator shall state in writing the reason for denial and shall send notice to the owner’s last known address within ten (10) calendar days of the denial. An owner may appeal the denial of an extension to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen (14) calen- dar days after issuance of the notice of the denial. The appeal before the Hearing Exam- iner shall follow the provisions of RMC 4-8-110E. The owner may appeal the Hearing Examiner’s decision to the King County Su- perior Court according to the procedures con- tained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. J. FINAL CERTIFICATE: 1. Application: Upon completion of the construction as provided in the contract be- tween the owner and the City, and upon issu- ance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax exemp- tion. The owner shall pay a fee of one thou- sand dollars ($1,000.00) and file with the Administrator such information as the Admin- istrator may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; b. A description of the completed work and a statement of qualification for the exemption; c. The total monthly rent or total sale amount of each multi-family housing unit rented or sold to date; d. The income of each renter house- hold to date at the time of initial occu- pancy and the income of each initial purchaser of owner-occupied multi-fam- ily housing units to date at the time of pur- chase; e. If applicable, a statement that the project meets the affordable housing re- quirements in subsection (C)(1)(b)(ii) of this Section, along with the number, type, and specific multi-family housing units rented or sold to date, as applicable, to meet the affordable housing require- ments; f. Any additional information requested by the City pursuant to meeting any re- porting requirements under Chapter 84.14 RCW; and g. A statement that the work was com- pleted within the required three (3) year period or any approved extension. 2. Determination: Within thirty (30) days of receipt of all materials required for a final cer- tificate, the Administrator shall determine whether the completed work is consistent with the contract between the City and owner, whether all or a portion of the completed work is qualified for exemption under this Section and, if so, which specific improvements sat- isfy the requirements of this Section. 3. Filing with County Assessor: For projects that comply with the requirements of RMC 4-1-220J1, the City shall file a final cer- tificate of tax exemption with the County As- sessor within ten (10) days of the expiration of the thirty (30) day period provided in the prior subsection. 4. Recording: The Administrator is autho- rized to cause to be recorded, at the owner’s expense, in the real property records of the King County Department of Records and Elections, the contract with the City required under RMC 4-1-220F2, as amended under RMC 4-1-220H, if applicable, and/or such other document(s) as will identify such terms and conditions of eligibility for exemption un- der this Section as the Administrator deems appropriate for recording. 5. Denial: The Administrator shall notify the owner in writing that the City will not file a final certificate if: (a) the Administrator determines that the project was not completed within the 4-1-220K (Revised 8/08)1 - 42 required three (3) year period or any ap- proved extension, or was not completed in accordance with the contract between the owner and the City and the requirements of this Section, or the owner’s property is other- wise not qualified for the limited exemption under this Section; or (b) the owner and Ad- ministrator cannot come to an agreement on the allocation of the value of the improve- ments allocated to the exempt portion of the project. 6. Appeal: The owner may appeal the Ad- ministrator’s decision to the Hearing Exam- iner by filing a notice of appeal with the City Clerk within fourteen (14) calendar days after issuance of the notice of the denial. The ap- peal before the Hearing Examiner shall follow the provisions for appeal contained in RMC 4-8-110E. The owner may appeal the Hearing Examiner’s decision to the King County Su- perior Court according to the procedures con- tained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. K. ANNUAL CERTIFICATION AND REPORT: Within thirty (30) days after the first anniversary of the date the City issued the final certificate of tax exemption and each year thereafter for the dura- tion of the tax exemption period, the property owner shall file an annual report with the Admin- istrator. Failure to submit the annual report may result in cancellation of the tax exemption. The certification shall contain such information as re- quired by Chapter 84.14 RCW and as the Admin- istrator may deem necessary or useful, and shall at a minimum include the following information: 1. A statement of occupancy and vacancy of the multi-family dwelling units during the twelve (12) months ending with the anniver- sary date; 2. A certification that the property has not changed use and, if applicable, that the prop- erty has been in compliance with the afford- able housing requirements as described in subsection (C)(1)(b)(ii) of this Section since the date the City issued the final certificate of tax exemption and that the project continues to be in compliance with the contract with the City and the requirements of this Section; 3. A description of any improvements or changes to the property made after the City issued the final certificate of tax exemption; 4. The total monthly rent of each multi-fam- ily housing unit rented or the total sale amount of each multi-family housing unit sold to an initial purchaser during the twelve (12) months ending with the anniversary date; 5. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied multi-family housing units at the time of pur- chase during the twelve (12) months ending with the anniversary date; 6. If applicable, a breakdown of the number, type, and specific multi-family housing units rented or sold during the twelve (12) months ending with the anniversary date, as applica- ble, to meet the affordable housing require- ments in subsection (C)(1)(b)(ii) of this Section; and 7. Any additional information requested by the City pursuant to meeting any reporting re- quirements under Chapter 84.14 RCW. L. CANCELLATION OF TAX EXEMPTION: 1. Cancellation: If at any time the Adminis- trator determines that: (a) the property no longer complies with the terms of the contract or with the requirements of this Section; (b) the use of the property is changed or will be changed to a use that is other than residen- tial; (c) the project violates applicable zoning requirements, land use regulations or build- ing code requirements; or (d) the property for any reason no longer qualifies for the tax ex- emption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. Upon deter- mining that a tax exemption shall be can- celed, the Administrator shall notify the property owner by certified mail, return re- ceipt requested. 2. Appeal: The property owner may appeal the determination by filing a notice of appeal with the City Clerk, within thirty (30) days after issuance of the decision by the Administrator, specifying the factual and legal basis for the appeal. The appeal before the Hearing Ex- 4-1-230C 1 - 43 (Revised 3/13) aminer shall follow the procedures set forth in RMC 4-8-110E. At the appeal hearing, all af- fected parties may be heard and all compe- tent evidence received. The Hearing Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The Hearing Exam- iner shall give substantial weight to the Ad- ministrator’s decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the Administrator’s decision shall be upon the appellant. An aggrieved party may appeal the Hearing Examiner’s decision to the King County Superior Court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within thirty (30) days after issuance of the decision of the Hearing Examiner. 3. Change of Use: If the owner intends to convert the multi-family housing to another use, the owner must notify the Administrator and the County Assessor within sixty (60) days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. M. SUNSET OF EXEMPTION FOR APPLICATIONS FOR CONDITIONAL CERTIFICATES: The City shall not accept new applications for conditional certificates as provided in RMC 4-1-220E after the close of business on Decem- ber 31, 2015, unless extended by City Council ac- tion. The City shall process (1) pending complete applications for a conditional certificate submitted before the close of business on December 31, 2015, and (2) applications for an extension of the conditional certificate and/or a final certificate re- ceived after the close of business on December 31, 2015, as provided in subsections D through J of this Section. Subsections C and J through L of this Section shall continue to apply to all proper- ties that have been or are issued a final certificate of tax exemption under RMC 4-1-220 until expira- tion, termination or cancellation of the tax exemp- tion. Incomplete applications for conditional certifi- cates as of the close of business on December 31, 2015, shall be denied and/or returned to own- ers. (Ord. 5061, 12-22-2003; Ord. 5151, 8-1-2005; Ord. 5192, 1-23-2006; Ord. 5249, 12-11-2006; Ord. 5400, 7-14-2008; Ord. 5525, 2-1-2010; Ord. 5669, 8-20-2012) 4-1-230 SURETIES AND BONDS: A. CITY APPROVAL REQUIRED: All sureties posted with the City shall be approved as to form by the City Attorney and approved by the appropriate Administrator as to amount and adequacy. Sureties for public works construction permits and future public works street/utility main- tenance requirements shall be approved by the Public Works Administrator and all other sureties shall be approved by the Community and Eco- nomic Development Administrator. The City’s de- cision as to the acceptability of the security shall be conclusive. (Ord. 5676, 12-3-2012) B. TYPES OF SECURITY ACCEPTED FOR PUBLIC WORKS CONSTRUCTION PERMITS AND FUTURE PUBLIC WORKS STREET/UTILITY MAINTENANCE REQUIREMENTS: In order to ensure protection of City-owned facili- ties and ensure completion of required improve- ments to City standards, the City requires one of the following types of security in consideration of issuance of a public works construction permit: 1. Cash; 2. Letter of credit; 3. Set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party; 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City’s approval; or 5. Performance or maintenance bond. C. TYPES OF SECURITY ACCEPTED FOR ALL OTHER PURPOSES: The following security devices are acceptable for the purposes of deferral requests, occupancy permit requests in advance of installation of re- quired landscaping or other improvements, criti- cal areas mitigation performance, and critical areas monitoring/maintenance: 1. Cash; 4-1-230D (Revised 3/13)1 - 44 2. Letter of credit; 3. Set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party; or 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City’s approval. D. SECURITY REQUIREMENTS: 1. Payable to City: Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. 2. Security Requirement Binding: The re- quirement of the posting of any security shall be binding on the applicant and the appli- cant’s heirs, successors and assigns. 3. Purpose of Security: Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. 4. Agreement Required: In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the City re- quiring payment of such attorney’s fees and litigation costs. 5. Effect of Lapse of Security: Any secu- rity that, according to its terms, lapses upon a date certain, will cause the associated city approval (e.g., deferral, temporary occu- pancy permit, etc.) to lapse on that same date unless adequate substitute security has been posted prior to the termination date of the prior security. 6. Transfer of Responsibility: Whenever security has been accepted by the City, then no release of the owner or developer upon that security shall be granted unless a new party has been obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners association or prop- erty owners association, then it shall be nec- essary for the owners association to have voted to assume the obligation before the City may accept the security, and a duly cer- tified copy of the minutes of the owners asso- ciation shall be filed with the City along with the security to the City. 7. City Approval Required Prior to Trans- fer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the Administra- tor feels that the new owner does not provide sufficient security to the City that the improve- ments will be installed when required. (Ord. 5676, 12-3-2012) 8. Default: In the event that improvements are not completed as required or mainte- nance is not performed satisfactorily, the Ad- ministrator shall notify the applicant/developer, property owner and guarantor in writing. The notice must state the specific defects that must be remedied and the date the work shall be completed. 9. Proceeding Against Security: In the event the applicant, developer, property owner, and/or guarantor fails to complete all improvement work required in compliance with this Title, and the City shall have to com- plete the improvements, the City reserves the right, in addition to all other remedies avail- able to it by law, to proceed against the secu- rity for funds necessary to complete the improvements. If the amount of security shall be less than the expense incurred by the City, the applicant, developer, and/or property owner shall be liable to City for the difference. 10. Release of Sureties for Private/On- Site Improvements: Sureties for completed or partially completed private/on-site im- provements shall not be released except upon written approval of the Administrator. 11. Release of Sureties for Public Im- provements: Sureties for completed or par- tially completed public improvements shall not be released except under the following conditions: a. The developer has submitted a schedule of improvements, the sequence for completion, and the value of each part of the public improvement for which a re- lease of surety shall be sought. 4-1-240B 1 - 45 (Revised 8/14) b. Each segment of the public improve- ment shall be useable by itself without the completion of the remainder of the im- provement. c. Each segment of the public improve- ment shall receive final inspection and approval of the City before release of the surety for that part of the improvement. d. All partial releases on each public im- provement shall constitute no more than one hundred percent (100%) of esti- mated value of the entire completed im- provement. e. All releases of surety shall be ap- proved in writing by the Administrator. (Ord. 5153, 9-26-2005) 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS: A. APPLICABILITY: This Section is applicable to any development where common open space or a park is required by RMC 4-2-115, Residential Design and Open Space Standards, or RMC 4-3-100, Urban Design Regulations, or King County vested projects where tot lots or similar spaces are required. B. PUBLIC TRAIL OR PARK IMPROVEMENTS OR FEE-IN-LIEU FOR COMMON OPEN SPACE: Improvements to public trails, public parks, or payment of a fee may occur to reduce common open space requirements, if approval for such substitution is accepted by the Community Ser- vices Administrator. 1. Public Trail Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public trail improvements are being provided. On- site public trail improvements may occur as a substitute to common open space require- ments on a square footage basis, provided the trail has been identified in the Renton Trails and Bicycle Master Plan or the Parks, Recreation, Open Space, and Natural Re- sources Plan or an adopted community plan. Trails shall be constructed by the developer to standards specified by the Community Ser- vices Department and dedicated to and ac- cepted by the City of Renton as a public trail prior to final plat recording or short plat re- cording, or building permit final occupancy for non-subdivision projects. 2. Public Park Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public park improvements are being provided. On- site public park improvements may occur as a substitution to common open space re- quirements on a square footage basis pro- vided the park has been identified in the Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. The park shall be constructed by the de- veloper to standards specified by the Com- munity Services Department and dedicated to and accepted by the City of Renton as a public park prior to final plat recording or short plat recording, or building permit final occu- pancy for non-subdivision projects. 3. Fee in Lieu of Common Open Space: A fee-in-lieu may occur as a substitute to com- mon open space requirements; provided, that an off-site public park is within one-quarter (1/4) mile of the site proposed for develop- ment, safe and easy pedestrian access is pro- vided to such public park, and the public park shall be an integral part of the design ap- proach of the development. a. Fee Calculation: The fee shall be the equivalent of the monetary value of the required improvements for common open space plus the monetary value of the land area required to be placed in common open space. The project appli- cant shall provide the City with an esti- mate of the improvement value and an appraisal for the value of the land for the identified intended use with utilities and other non-structural improvements. The total monetary value of the fee-in-lieu shall be approved by the Community Ser- vices Department. b. The fee shall be paid prior to final plat recording or final short plat recording or building permit issuance for non-subdivi- sion projects. (Ord. 5591, 2-28-2011; Ord. 5676, 12-3-2012) 4-1-250A (Revised 8/14)1 - 46 4-1-250 MARIJUANA REGULATIONS: A. PURPOSE: The City of Renton, in an effort to comply with state law, has adopted marijuana laws that are in- tended to be consistent with Chapter 69.50 RCW, Uniform Controlled Substances Act, and Chapter 69.51A RCW, Medical Cannabis, as they exist or may be amended. B. AUTHORITY: The City of Renton derives its authority to act on marijuana use, production, processing, and sales within its jurisdiction from Washington State Con- stitution Article XI, Section 11, Police and Sanitary Regulations; Chapters 69.50 and 69.51A RCW, as they exist or may be amended; its authority to regulate zoning within its jurisdiction; and any and all other authority granted to Renton by the State Legislature and the Washington State Liquor Control Board. C. REGULATION: By accepting a license issued pursuant to this chapter and/or Chapter 5-5 RMC, Business Li- censes, as they exist or may be amended, a licensee, jointly and severally, if more than one, agrees to indemnify and defend the City, its offi- cers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool, if any, against all liability, claims and demands, on ac- count of injury, loss or damage, including, without limitation, claims arising from bodily injury, per- sonal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any man- ner connected with the operation of the mari- juana-related business that is the subject of the license. The licensee further agrees to investi- gate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Administrative Services Administrator may require a licensee to execute a written instrument confirming the provi- sions of this chapter. D. LICENSE REQUIREMENT: All business licenses related to marijuana shall contain language that substantially conforms to the following: 1. Renton shall not be responsible or liable for any claim, defense, or anything related to the operation of a marijuana-related business activity. 2. By signing the business license applica- tion, the licensee accepts, agrees and ac- knowledges that it shall not have any claim again Renton related to any claim, defense, or loss related to the operation of a mari- juana-related business activity, and that the applicant shall hold Renton absolutely harm- less for any such claim, defense or loss. This Section shall govern the licensee’s responsi- bilities in the event of a claim, defense, or loss related to the operation of a marijuana-re- lated business activity. 3. By signing the business license applica- tion, the licensee accepts, agrees and ac- knowledges that under federal law, and more specifically the Supremacy Clause of the United States Constitution, Article VI, Para- graph 2, federal law generally takes prece- dence over Washington State laws, and even the Washington State Constitution. 4. Based on the supremacy clause and fed- eral law in general, the applicant may still be subject to arrest, prosecution, imprisonment, and/or fines for violating federal law, Renton shall have no duty, responsibility, or liability based on any of those events, and that Renton may be the entity to arrest, prosecute, imprison or fine the applicant. E. ZONING: Marijuana zoning can be found in RMC 4-2-060. (Ord. 5707, 3-24-2014) 2 - i (Revised 8/14) Chapter 2 ZONING DISTRICTS – USES AND STANDARDS CHAPTER GUIDE: Chapter 4-2 RMC contains zone-related land use regulations, and zone-related de- velopment standards, primarily in tabular form. Chapter 4-2 RMC additionally includes provisions for in- terpreting the Zoning Map that delineate the zoning and overlay districts and provisions for determining the permissibility of unclassified uses. Chapter 4-2 RMC does not contain procedural information. Re- lated permit processes (e.g., site development plan review, variance, conditional use permit, etc.) are located in chapters 4-8 and 4-9 RMC. In contrast, chapter 4-3 RMC applies to any property in the City that contains certain environmental characteristics, and chapter 4-3 RMC also applies to overlay dis- tricts that may or may not include more than one zone in order to apply special use restrictions and/or standards. Chapter 4-4 RMC applies regulations to property City-wide, regardless of zone district. (Ord. 5028, 11-24-2003) This Chapter last amended by Ord. 5707, March 24, 2014. SECTION PAGE NUMBER NUMBER 4-2-010 ZONES AND MAP DESIGNATIONS ESTABLISHED . . . . . . . . . . . . . . . . . . . . 1 A.Comprehensive Plan Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Zones Implementing Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E.Additional Restrictions on Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . 2 A.General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B.Resource Conservation Zone (RC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C.Residential-1 du/acre (R-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D.Residential-4 du/acre (R-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 E.Residential-8 du/acre (R-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 F.Residential Manufactured Home Park Zone (RMH) . . . . . . . . . . . . . . . . . . . . . . 3 G.Residential-10 du/acre (R-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 H.Residential-14 du/acre (R-14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 I.Residential Multi-Family (RM) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 a. “F” (Multi-Family) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. “T” (Traditional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 c. “U” (Urban Center) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 J.Commercial Neighborhood Zone (CN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 K.Center Village Zone (CV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Scale and Character . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 L.Commercial Arterial Zone (CA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 M.Center Downtown (CD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 N.Commercial Office Zone (CO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 O.Commercial/Office/Residential Zone (COR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 P.Light Industrial Zone (IL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Q.Medium Industrial Zone (IM) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION PAGE NUMBER NUMBER (Revised 8/14)2 - ii R.Heavy Industrial Zone (IH) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 S.Urban Center – North Zones (UC-N1 and UC-N2) . . . . . . . . . . . . . . . . . . . . . . . 5 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 a. Urban Center – North 1 (UC-N1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Urban Center – North 2 (UC-N2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-2-030 ZONING MAP INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 A.Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B.Differences in Street Layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 C.Conflict Between Zoning Map and Chapter Text . . . . . . . . . . . . . . . . . . . . . . . . 6 D.Conflict Between Zoning Map and Legal Description of Rezone Ordinance . . . 6 E.Designation of Special Zoning Categories and Time Limitations . . . . . . . . . . . . 6 F.Annual Map Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-2-040 ZONING REGULATION INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 A.Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Entire Lot Considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Installation Not Considered an Expansion of Nonconformity . . . . . . . . . . . . 7 4-2-050 PERMITTED LAND USES ESTABLISHED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 A.Categories of Uses Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B.Zoning Use Tables Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C.Interpretation of Zoning Use Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Legend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Other Requirements Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Additional Use-Related Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Accessory Use Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Rules of Interpretation for Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . 9 5. Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. Unclassified Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Criteria for Unclassified Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7. Use Table Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Existing Legal Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-2-060 ZONING USE TABLE – USES ALLOWED IN ZONING DESIGNATIONS . . 11 A. Agriculture and Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Animals and Related Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 C. Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D. Other Residential, Lodging and Home Occupations . . . . . . . . . . . . . . . . . . . . . 11 E. Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 F. Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 G. Other Community and Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 H. Office and Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I. Retail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 J. Entertainment and Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 K. Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 L. Vehicle Related Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 M. Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 N. Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 O. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SECTION PAGE NUMBER NUMBER 2 - iii (Revised 3/13) P. Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Q. General Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 R. Temporary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4-2-070 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES . . . . . . . . . . . . 19 A.Subject to the Following Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B.(Deleted by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 C.(Deleted by Ord. 5357, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 D.Downtown Pedestrian District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66.3 E. Arterial Street Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.4 F. (Deleted by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4-2-090 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4-2-100 ZONING STANDARDS TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 A.Standards Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 B.Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 C.Interpretation of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4-2-110 RESIDENTIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . 69 A. Residential Zoning Designations (Primary and Attached Accessory Structures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 B. Residential Development (Detached Accessory Buildings) . . . . . . . . . . . . . . .74.4 C. Residential Manufactured Home Park Zoning Designation . . . . . . . . . . . . . . . . 75 D. Conditions for Residential Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . 80 E. Illustrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 F. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 G. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 H. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 I. (Deleted by Ord. 5518, 12-14-2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 4-2-115 RESIDENTIAL DESIGN AND OPEN SPACE STANDARDS . . . . . . . . . . . . . 89 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 D. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 E. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 F. Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Site Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2. Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 3. Residential Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92.1 4-2-120 COMMERCIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . 107 A. Commercial Zoning Designations (CN, CV, CA) . . . . . . . . . . . . . . . . . . . . . . . 107 B. Commercial Zoning Designations (CD, CO, COR) . . . . . . . . . . . . . . . . . . . . . 115 C. Conditions for Commercial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . 127 D. (Deleted by Ord. 5355, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 E. Commercial Zoning Designations (UC-N1, UC-N2) . . . . . . . . . . . . . . . . . . .130.1 F. Conditions for Commercial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . 131 SECTION PAGE NUMBER NUMBER (Revised 3/13)2 - iv 4-2-130 INDUSTRIAL DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . 133 A. Industrial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 B. Conditions for Industrial Zoning Designations . . . . . . . . . . . . . . . . . . . . . . . . . 137 4-2-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . 138 4-2-010D 2 - 1 (Revised 3/13) 4-2-010 ZONES AND MAP DESIGNATIONS ESTABLISHED: A. COMPREHENSIVE PLAN DESIGNATIONS: The City has been divided into comprehensive land use designations: B. ZONING MAP: This Chapter shall consist of this text as well as that certain map on file in the Office of the City Clerk designated as the Zoning Map of the City. The boundaries of the various districts shall be shown on the Zoning Map and are hereby made a part of the Renton Municipal Code (RMC). This Chapter is to be read and interpreted in light of the contents of the Zoning Map. C. ZONING DISTRICTS: The City is hereby divided into the following types of zoning districts and the following map symbols are established: D. ZONES IMPLEMENTING COMPREHENSIVE PLAN: The Comprehensive Plan Designations are im- plemented by certain zones: COMPREHENSIVE PLAN DESIGNATION MAP SYMBOL Residential Low Density (RLD) Residential Single Family (RS) Residential Medium Density (RMD) Residential Multi-Family (RM) Urban Center North (UC-N) Urban Center Downtown (UC-D) Commercial/Office/Residential (COR) Center Village (CV) Commercial Corridor (CC) Employment Area Industrial (EAI) Employment Area Valley (EAV) Commercial Neighborhood (CN) ZONE MAP SYMBOL Resource Conservation (RC) Residential-1 Dwelling Unit Per Net Acre (R-1) Residential-4 Dwelling Units Per Net Acre (R-4) Residential-8 Dwelling Units Per Net Acre (R-8) Residential Manufactured Home (RMH) Residential-10 Dwelling Units Per Net Acre (R-10) Residential-14 Dwelling Units Per Net Acre (R-14) Residential Multi-Family Urban (RM-U) Residential Multi-Family Traditional (RM-T) Residential Multi-Family (RM-F) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Center Downtown (CD) Center Village (CV) Commercial Arterial (CA) Commercial Neighborhood (CN) Commercial Office (CO) Commercial/Office/Residential (COR) Urban Center – North 1 (UC-N1) Urban Center – North 2 (UC-N2) COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONES Residential Low Density (RLD) Resource Conservation (RC) Residential – 1 DU/AC (R-1) Residential – 4 DU/AC (R-4) Residential Manufactured Home Park (RMH) Residential Single Family (RS) Residential – 8 DU/AC (R-8) Residential Manufactured Home Park (RMH) Residential Medium Density (RMD) Residential – 10 DU/AC (R-10) Residential Manufactured Home Park (RMH) Residential – 14 DU/AC (R-14) Residential Multi- Family (RM) Residential Multi-Family (RM-U, RM-T, RM-F) Urban Center Downtown (UC-D) Center Downtown (CD) Residential Multi-Family Urban Center (RM-U) Residential Multi-Family Traditional (RM-T) Commercial Office (CO) Urban Center North (UC-N) Urban Center – North 1 (UC-N1) Urban Center – North 2 (UC-N2) Commercial/Office/ Residential (COR) Commercial/Office/ Residential (COR) Center Village (CV) Residential Multi-Family Zones (RM-F, RM-T, RM-U) Center Village (CV) Residential – 14 DU/AC (R-14) Commercial Corridor (CC) Commercial Arterial (CA) Commercial Office (CO) Light Industrial (IL) ZONE MAP SYMBOL 4-2-010E (Revised 3/13)2 - 2 (Ord. 5286, 5-14-2007; Ord. 5332, 12-10-2007; Ord. 5355, 2-25-2008) E. ADDITIONAL RESTRICTIONS ON LAND USE: (Ord. 1472, 12-18-1953; Ord. 3101, 1-19-1977; Ord. 4302, 12-17-1990; Ord. 4519, 5-15-1995; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 5100, 11-1-2004; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5437, 12-8-2008; Ord. 5571, 11-15-2010) 4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS: A. GENERAL: Approval of projects in the zones is contingent upon the determination that the proposed devel- opments are consistent with the purpose of the zone and the purpose and intent of the land use designations and guiding policies of the Compre- hensive Plan. The Comprehensive Plan Land Use Element pol- icies for each corresponding zone classification and all the Elements of the Comprehensive Plan shall be used together with the purpose state- ments for each zone and map designation set forth in the following sections to guide interpreta- tion and application of land use regulations within the zones and designations and any changes to the range of permitted uses within each zone through amendments to the code. (Ord. 5676, 12-3-2012) B. RESOURCE CONSERVATION ZONE (RC): The Resource Conservation Zone (RC) is estab- lished to provide a very low-density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is in- tended to implement the Low Density Residential Comprehensive Plan designation. This zone pro- motes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. No minimum density is required. The Resource Conservation Zone is also in- tended to provide separation between areas of more intense urban uses; encourage or preserve very low-density residential uses; reduce the in- tensity of uses in accordance with the extent of environmentally sensitive areas such as flood- plains, wetlands and streams, aquifers, wildlife habitat, steep slopes, and other geologically haz- ardous areas; allow for small-scale farming to commence or continue; and provide viable uses within urban separators. C. RESIDENTIAL-1 DU/ACRE (R-1): The Residential-1 Dwelling Unit Per Net Acre Zone (R-1) is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to imple- ment the Low Density Residential Comprehen- sive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for Employment Area Industrial (EAI) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Employment Area Valley (EAV) Commercial Arterial (CA) Commercial Office (CO) Light Industrial (IL) Medium Industrial (IM) Heavy Industrial (IH) Resource Conservation (RC) Commercial Neighborhood (CN) Commercial Neighborhood (CN) TYPE OF LAND USE RESTRICTION ZONING MAP SYMBOL Automall Restrictions Dot Pattern Public Use Designation “P” TYPE OF LAND USE RESTRICTION REFERENCE OR CODE SECTION NO. Airport-Compatible Land Use Restrictions RMC 4-3-020 Aquifer Protection Area RMC 4-3-050 Automall District RMC 4-3-040 Downtown Pedestrian District RMC 4-2-070L and 4-2-080D “P” Suffix Procedures RMC 4-3-080 Planned Urban Development RMC 4-9-150 Restrictive Covenants See Property Title Report Urban Design Regulation (Areas “A,” “B,” “C,” “D,” and “E”)RMC 4-3-100 COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONES 4-2-020H 2 - 3 (Revised 3/13) small scale farming associated with residential use. Density bonus provisions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to develop with higher densities within the zone. It is further intended to protect crit- ical areas, provide separation between neighbor- ing jurisdictions through designation of urban separators as adopted by the Countywide Poli- cies, and prohibit the development of incompati- ble uses that may be detrimental to the residential or natural environment. No minimum density is re- quired. (Ord. 5590, 2-28-2011) D. RESIDENTIAL-4 DU/ACRE (R-4): The Residential-4 Dwelling Units Per Net Acre Zone (R-4) is established to promote urban single family residential neighborhoods serviceable by urban utilities and containing amenity open spaces. It is intended to implement the Residen- tial Low Density Comprehensive Plan designa- tion. The Residential-4 Dwelling Units Per Net Acre Zone (R-4) will allow a maximum density of four (4) dwelling units per net acre. The R-4 des- ignation serves as a transition between rural des- ignation zones and higher density residential zones. It is intended as an intermediate lower density residential zone. Larger lot subdivisions are preferred; however, “small lot clusters” are al- lowed on sites where open space amenities are created. Resulting development is intended to be superior in design and siting than that which would normally otherwise occur. Small lot clusters may also meet objectives such as the provision of efficient sewer services. (Ord. 5355, 2-25-2008) E. RESIDENTIAL-8 DU/ACRE (R-8): The Residential-8 Dwelling Units Per Net Acre Zone (R-8) is established for single family resi- dential dwellings allowing a range of four (4) to eight (8) dwelling units per net acre. It is intended to implement the Single Family Land Use Com- prehensive Plan designation. Development in the R-8 Zone is intended to create opportunities for new single family residential neighborhoods and to facilitate high-quality infill development that promotes reinvestment in existing single family neighborhoods. It is intended to accommodate uses that are compatible with and support a high- quality residential environment and add to a sense of community. F. RESIDENTIAL MANUFACTURED HOME PARK ZONE (RMH): The Residential Manufactured Home Park Zone (RMH) is established to promote development that is single family in character and developed to offer a choice in land tenancy. Standards provide for safe and high-quality manufactured home neighborhoods. It is intended to implement the Low Density, Single Family and Medium Density Land Use Comprehensive Plan designation. The RMH Zone is intended to protect established manufactured home parks and to expand the va- riety of affordable housing types available within the City. (Ord. 5332, 12-10-2007) G. RESIDENTIAL-10 DU/ACRE (R-10): The Residential-10 Dwelling Units Per Net Acre Zone (R-10) is established for medium-density residential development that will provide a mix of residential styles including small lot detached dwellings or attached dwellings such as town- houses and small-scale flats. Development pro- moted in the zone is intended to increase opportunities for detached dwellings as a percent of the housing stock, as well as allow some small- scale attached housing choices and to create high-quality infill development that increases den- sity while maintaining the single family character of the existing neighborhood. Allowable base densities range from four (4) to ten (10) dwelling units per net acre. The zone serves as a transition to higher density multi-family zones. (Ord. 5286, 5-14-2007; Ord. 5520, 12-14-2009) H. RESIDENTIAL-14 DU/ACRE (R-14): The purpose of the Residential-14 Dwelling Units Per Net Acre Zone (R-14) is to encourage devel- opment, and redevelopment, of residential neigh- borhoods that provide a mix of detached and attached dwelling structures organized and de- signed to combine characteristics of both typical single family and small-scale multi-family devel- opments. Densities range from ten (10) to four- teen (14) units per net acre with opportunities for bonuses up to eighteen (18) dwelling units per net acre. Structure size is intended to be limited in terms of bulk and scale so that the various unit types allowed in the zone are compatible with one another and can be integrated together into a quality neighborhood. Project features are en- couraged, such as yards for private use, common open spaces, and landscaped areas that en- hance a neighborhood and foster a sense of com- munity. Civic and limited commercial uses may be allowed when they support the purpose of the designation. (Ord. 5286, 5-14-2007; Ord. 5520, 12-14-2009) 4-2-020I (Revised 3/13)2 - 4 I. RESIDENTIAL MULTI-FAMILY (RM): 1. Purpose: The RM Zone provides suit- able environments for multi-family dwellings. It is further intended to conditionally allow uses that are compatible with and support a multi-family environment. 2. Classifications: The density allowed un- der this zone will be identified by the suffix that is applied. This zone will normally be ap- plied with one of three (3) suffixes: a. “F” (Multi-Family): The RM-F suffix allows for the development of both infill parcels in existing multi-family districts with compatible projects and other multi- family development. Densities range from ten (10) to twenty (20) du/acre with opportunities for bonuses up to twenty five (25) dwelling units per net acre. (Ord. 5573, 11-15-2010) b. “T” (Traditional): The RM-T suffix occurs in areas where compact, tradi- tional residential neighborhood develop- ment already exists, or in Comprehen- sive Plan designations where traditional residential neighborhoods are planned in the future. Density ranges from fourteen (14) to thirty five (35) du/acre. c. “U” (Urban Center): The RM-U suf- fix provides for high-density, urban-scale, multi-family choices. Development stan- dards promote a pedestrian-scale envi- ronment and amenities. Density ranges from twenty five (25) to seventy five (75) du/acre. (Amd. Ord. 4971, 6-10-2002; Ord. 5286, 5-14-2007) J. COMMERCIAL NEIGHBORHOOD ZONE (CN): The purpose of the Commercial Neighborhood Zone (CN) is to provide for small-scale conve- nience retail/commercial areas offering incidental retail and service needs for the surrounding area. Uses serving a larger area may be appropriate if they also serve the residents of the immediate area and are compatible with the scale and char- acter of the neighborhood. This designation is the smallest and least intensive of the City’s commer- cial zones. (Ord. 5676, 12-3-2012) K. CENTER VILLAGE ZONE (CV): 1. Purpose: The purpose of the Center Vil- lage Zone (CV) is to provide an opportunity for concentrated mixed-use residential and commercial redevelopment designed to ur- ban rather than suburban development stan- dards that supports transit-oriented development and pedestrian activity. Use al- lowances promote commercial and retail de- velopment opportunities for residents to shop locally. Uses and standards allow comple- mentary, high-density residential develop- ment, and discourage garden-style, multi- family development. 2. Scale and Character: The Center Vil- lage Zone (CV) is intended to provide suitable environments for district-scaled retail and commercial development serving more than one neighborhood, but not providing City- wide services. (Ord. 5286, 5-14-2007) L. COMMERCIAL ARTERIAL ZONE (CA): The purpose of the Commercial Arterial Zone (CA) is to evolve from “strip commercial” linear business districts to business areas character- ized by enhanced site planning and pedestrian orientation, incorporating efficient parking lot de- sign, coordinated access, amenities and boule- vard treatment with greater densities. The CA Zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Residential uses may be integrated into the zone through mixed- use buildings. The zone includes the designated Automall District. (Ord. 5191, 12-12-2005; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008) M. CENTER DOWNTOWN (CD): The purpose of the Center Downtown Zone (CD) is to provide a mixed-use urban commercial cen- ter serving a regional market as well as high-den- sity residential development. Uses include a wide variety of retail sales, services, multi-family resi- dential dwellings, and recreation and entertain- ment uses. N. COMMERCIAL OFFICE ZONE (CO): The Commercial Office Zone (CO) is established to provide areas appropriate for professional, ad- ministrative, and business offices and related uses, offering high-quality and amenity work envi- ronments. In addition, a mix of limited retail and service uses may be allowed to primarily support 4-2-020S 2 - 5 (Revised 4/12) other uses within the zone, subject to special con- ditions. Limited light industrial activities, which can effectively blend in with an office environ- ment, are allowed, as are medical institutions and related uses. (Ord. 5355, 2-25-2008) O. COMMERCIAL/OFFICE/RESIDENTIAL ZONE (COR): The purpose of the Commercial/Office/Residen- tial Zone (COR) is to provide for a mix of intensive office, hotel, convention center, and residential activity in a high-quality, master-planned develop- ment that is integrated with the natural environ- ment. Commercial retail and service uses that are architecturally and functionally integrated are per- mitted. Also, commercial uses that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. The scale and location of these sites will typically denote a gateway into the City and should be designed accordingly. (Amd. Ord. 5001, 2-10-2003; Ord. 5369, 4-14-2008) P. LIGHT INDUSTRIAL ZONE (IL): The purpose of the Light Industrial Zone (IL) is to provide areas for low-intensity manufacturing, in- dustrial services, distribution, storage, and techni- cal schools. Uses allowed in this zone are generally contained within buildings. Material and/or equipment used in production are not stored outside. Activities in this zone do not gen- erate external emissions such as smoke, odor, noise, vibrations, or other nuisances outside the building. Compatible uses that directly serve the needs of other uses in the zone are also allowed. Q. MEDIUM INDUSTRIAL ZONE (IM): The purpose of the Medium Industrial Zone (IM) is to provide areas for medium-intensity industrial activities involving manufacturing, processing, assembly and warehousing. Uses in this zone may require some outdoor storage and may cre- ate some external emissions of noise, odor, glare, vibration, etc., but these are largely contained on- site. Compatible uses that directly serve the needs of other uses permitted within the district are also allowed zone-wide. Additionally, within the Employment Area Valley designation, an even wider variety of commercial and service uses may be permitted. (Ord. 5650, 12-12-2011) R. HEAVY INDUSTRIAL ZONE (IH): The purpose of the Heavy Industrial Zone (IH) is to provide areas for high-intensity industrial activ- ities involving heavy fabrication, processing of raw materials, bulk handling and storage, con- struction, and heavy transportation. Uses in this zone may require large outdoor areas in which to conduct operations. Environmental impacts may be produced that affect off-site areas, requiring isolation of the industrial activity from more sensi- tive land uses. Compatible uses that directly serve the needs of other uses permitted within the district are also allowed. (Ord. 5355, 2-25-2008) S. URBAN CENTER – NORTH ZONES (UC-N1 AND UC-N2): 1. Purpose: The Urban Center – North Zones are established to provide an area for pedestrian-scale mixed-use development that supports the residential and employment goals of Renton’s Urban Center – North. The UC-N1 and UC-N2 Zones are intended to at- tract a wide range of office, technology, com- mercial, and residential uses. The overall mix and intensity of uses within both zones will develop over time. Consequently, decisions made in early phases of redevelopment will need to take into consideration the potential for further infill and intensification of uses. The overall mix and intensity of uses is in- tended to create an urban rather than subur- ban character. The form of development is expected to use urban development stan- dards and therefore, setbacks, heights, land- scaping, parking, and design standards are to be urban in scale and configured in a layout utilizing the street system to create a human- scale, pedestrian-oriented new center. Uses that support urban center development are allowed. Development is expected to include amenities such as gateways, water access, and open space. High-quality development is anticipated, encompassing a mix of residen- tial neighborhoods, shopping, and employ- ment districts and public facilities. The designation is also intended to allow continu- ation of airplane manufacturing and acces- sory airplane manufacturing uses, as land area formerly occupied by those uses is transformed to combinations of retail, ser- vice, office, residential, and civic uses. 2. Classifications: The Urban Center North is divided into two zones: a. Urban Center – North 1 (UC-N1): This zone is anticipated to be the first to redevelop from airplane manufacturing and its accessory uses. The district is in- 4-2-030A (Revised 4/12)2 - 6 tended to attract new retail, office, and technology-related uses that co-exist with continued airplane manufacturing in the short run, but provide a standard of development that stimulates further in- vestment and transition of uses in the longer term. Large-scale retail uses are allowed as anchors, which, when com- bined with smaller pedestrian-oriented development, create a quality regional retail area. Residential uses are allowed in a mixed-use format to support the of- fice/commercial mixed-use center. The UC-N1 Zone establishes a gateway to the overall UC-N designation and pro- vides transition to industrial uses located to the east and low-intensity residential and commercial areas to the south. b. Urban Center – North 2 (UC-N2): This zone allows continued airplane manufacturing and its accessory func- tions. Upon redevelopment, the UC-N2 zone is anticipated to become the core of the Urban Center – North. New develop- ment in the zone is anticipated to create distinctive urban neighborhoods, mixed use employment centers, and significant public open space and amenities. The UC-N2 Zone is distinguished by redevel- opment that will be sensitive to and take advantage of proximity to the urban shorelines along Lake Washington and the Cedar River. (Ord. 3722, 4-25-1983; Ord. 4404, 6-7-1993; Ord. 4473, 9-12-1994; Ord. 4502, 3-13-1995; Ord. 4523, 6-5-1995; Ord. 4537, 6-19-1995; Ord. 4614, 6-17-1996; Ord. 4631, 9-9-1996; Ord. 4649, 1-6-1997; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Amd. Ord. 4963, 5-13-2002; Ord. 5027, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5450, 3-2-2009) 4-2-030 ZONING MAP INTERPRETATION: A. BOUNDARIES: The district boundaries are, unless otherwise in- dicated, the centerlines of streets, centerlines of alleys or lot lines as shown on the maps. B. DIFFERENCES IN STREET LAYOUT: Where the street layout actually on the ground varies from that shown on the Zoning District Maps, the designations shown on the maps shall be applied to the street as actually laid out so as to carry out the intent and purpose of the zoning plan of that district. C. CONFLICT BETWEEN ZONING MAP AND CHAPTER TEXT: If any conflict exists between the Zoning District Map and the text of this Chapter, the text of the Chapter will prevail. D. CONFLICT BETWEEN ZONING MAP AND LEGAL DESCRIPTION OF REZONE ORDINANCE: If any conflict exists between the adopting Zoning Map of the City and the text of any rezone ordi- nance for any particular parcel of property, the text of the rezone ordinance will govern. Once any conflict is shown to exist, the City Council shall ask the Administration to determine the source of the conflict and to make a recommen- dation for any future action by the Council. The Council will hold a public hearing to determine if it wishes to take any action to resolve the conflict. Notification of the public hearing will be given to the property owners and parties of record to the rezone. (Ord. 5450, 3-2-2009) E. DESIGNATION OF SPECIAL ZONING CATEGORIES AND TIME LIMITATIONS: Properties having a zoning category subject to a time limitation, such as a Planned Urban Devel- opment approval or reversionary zoning, and those properties under contract rezone shall be specially designated on the Zoning Map to indi- cate their special nature and give notice to the public that further inquiry into their zoning status is necessary. (Ord. 5153, 9-26-2005) F. ANNUAL MAP UPDATE: The Zoning Map of the City of Renton shall be up- dated quarterly to reflect changes in the City boundary and any zoning ordinances adopted since the prior quarter. The official Zoning Map shall list the ordinance number and indicate effec- tive date on the face of the map. This shall be pre- sented to the Council for adoption by the Council as the formal and legal zoning classification for 4-2-030F 2 - 6.1 (Revised 4/12) the properties within the corporate limits of the City. (Ord. 5450, 3-2-2009) (Ord. 1472, 12-18-1953; Ord. 3101, 1-17-1977; Ord. 4302, 12-17-1990; Amd. Ord. 4963, 5-13-2002) (Revised 4/12)2 - 6.2 This page left intentionally blank. 4-2-050C 2 - 7 (Revised 6/09) 4-2-040 ZONING REGULATION INTERPRETATION: A. WIRELESS COMMUNICATION FACILITIES: 1. Entire Lot Considered: For purposes of determining whether the installation of a tower or antenna complies with zoning devel- opment regulations, including but not limited to setback requirements, lot coverage re- quirements and other such requirements, the dimensions of the entire lot shall control, even though antennas or towers may be located on leased parcels within such lots. 2. Installation Not Considered an Expan- sion of Nonconformity: Towers constructed and antennas installed in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a non- conforming use or structure. A different exist- ing use of an existing structure on the same lot shall not preclude the installation of an an- tenna or tower on such lot. (Ord. 4689, 11-24-1997; Amd. Ord. 4963, 5-13-2002) 4-2-050 PERMITTED LAND USES ESTABLISHED: A. CATEGORIES OF USES ESTABLISHED: This Section establishes permitted, conditional, accessory and prohibited uses, by zone, for all properties within the Renton City Limits. All uses in a given zone are one of six (6) types: PERMITTED USES: Land uses allowed out- right within a zone. CONDITIONAL USES (ADMINISTRATIVE): Land uses which may be permitted within a zoning district following review by the Devel- opment Services Division Director to estab- lish conditions mitigating impacts of the use and to assure compatibility with other uses in the district. CONDITIONAL USES (HEARING EXAM- INER): Uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to review by the Hearing Examiner to estab- lish conditions to protect public health, safety and welfare. ACCESSORY USES: Uses customarily inci- dental and subordinate to the principal use and located upon the same lot occupied by the principal use or on an abutting/adjacent lot that is under the same ownership as the principal lot. Some accessory uses are spe- cifically listed, particularly where a use is only allowed in an accessory form, whereas other accessory uses are determined by the Devel- opment Services Division on a case-by-case basis per RMC 4-2-050C4 and C6, Acces- sory Use Interpretations and Unclassified Uses. PROHIBITED USES: Any use which is not specifically enumerated or interpreted by the City as allowable in that district. Any use not specifically listed as a permitted, conditional, or accessory use is prohibited, except those uses determined to be unclassified and per- mitted by the Development Services Division Director pursuant to RMC 4-2-040C6. Any prohibited use is illegal and is a misdemeanor punishable under RMC 1-3-1. UNCLASSIFIED USE: A use which does not appear in a list of permitted, conditionally per- mitted, or accessory uses, but which is inter- preted by the Development Services Division Director as similar to a listed permitted, con- ditionally permitted or accessory use, and not otherwise prohibited, pursuant to RMC 4-2-050C6, Unclassified Uses. (Ord. 5159, 10-17-2005; Ord. 5356, 2-25-2008) B. ZONING USE TABLES ESTABLISHED: The following tables establish whether a specific use is permitted in a zoning district and whether the use is allowed as “permitted,” “conditional,” or “accessory” use. The zone is located on the hori- zontal row and the specific use is located on the vertical column of these tables. C. INTERPRETATION OF ZONING USE TABLES: 1. Legend: The following letters have the following meanings when they appear in the box at the intersection of the column and the row: 4-2-050C (Revised 6/09)2 - 8 2. Other Requirements Applicable: The above uses are subject to the review proce- dures specified in chapter 4-9 RMC, Permits – Specific, the development standards of chapters 4-3, Environmental Regulations and Overlay Districts, 4-4, City-Wide Property De- velopment Standards, and 4-6, Street and Utility Standards, and may be subject to addi- tional conditions as noted in subsection C3 of this Section. The Aquifer Protection Regula- tions of RMC 4-3-050, Critical Areas Regula- tions, further restrict usage of those properties located within the Aquifer Protec- tion Area Boundary shown in RMC 4-3-050Q, Maps. 3. Additional Use-Related Conditions: If a number also appears at the intersection of the column and the row, the use is also sub- ject to the additional requirements as listed immediately following the use table in RMC 4-2-080, Conditions Associated with Zoning Use Tables. All applicable requirements shall govern a use whether specifically identified in this Chapter or not. 4. Accessory Use Interpretations: The Development Services Division Director may determine if an unclassified use or a classi- fied use, even if not specifically listed as ac- cessory (AC), is permitted as an accessory use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be made by the Development Services Division Director to determine if a proposed use is al- lowed as an accessory use utilizing the rules of interpretation in subsection C4a of this Section. If the applicant does not concur with the interpretation of whether a use is acces- sory or with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110. Interpretations made by the Devel- opment Services Division Director shall be documented, and updates to Title 4, when consistent with the title format and level of de- tail, shall incorporate “accessory use” inter- pretations upon approval by the legislative authority. P Permitted Use AD Conditional Use – Administrative H Conditional Use – Hearing Examiner AC Accessory Use 4-2-050C 2 - 9 (Revised 4/12) a. Rules of Interpretation for Acces- sory Uses: To determine whether a use is permitted as accessory, the Develop- ment Services Division Director shall uti- lize the following rules of interpretation: i. If a use is allowed or conditionally allowed in a zone as a “permitted” use, accessory uses associated with the primary use that are determined to be incidental, necessary and com- monly found with the permitted use may be allowed with the same permit type as the primary use, unless spe- cifically stated otherwise. ii. If a use is permitted or condition- ally permitted as a primary use, sub- ject to location restrictions, the listed use, even as an accessory use, is also subject to the same location re- strictions as the primary use, unless specifically stated otherwise. For ex- ample, if a use is restricted to a loca- tion within the Employment Area Valley (EAV) land use designation, then the accessory form of the use is only permitted in the EAV, unless specifically stated otherwise. iii. Required parking, required site utilities/facilities, and other develop- ment standards required in order to establish or operate a use on a site according to the RMC are consid- ered accessory. 5. Prohibited Uses: If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in that dis- trict unless otherwise determined by the De- velopment Services Division Director, pursuant to this subsection C6 of this Section, Unclassified Uses, or subsection C4, Acces- sory Use Interpretations. 6. Unclassified Uses: Upon inquiry by an applicant, an administrative interpretation shall be made by the Development Services Division Director to determine if a proposed use not specifically listed is allowed utilizing the criteria in subsection C6a of this Section. Should interpretation be made that a pro- posed, unlisted use not be allowed in a spe- cific zoning district, the Director shall indicate which zones, if any, do permit the use. If the Development Services Division Director’s in- terpretation indicates that an unlisted use is not consistent with the permitted, conditional or accessory uses in any district, or if a party does not concur with the permit type applied to a use, appeal may be made pursuant to RMC 4-8-110. Interpretations made by the Development Services Division Director shall be documented, and updates to Title 4, when consistent with the title format and level of de- tail, shall incorporate “unclassified use” inter- pretations upon approval by the legislative authority. a. Criteria for Unclassified Uses: In order to make a determination that an un- classified use is permitted, conditionally permitted or accessory, the Development Services Division Director must find that the use is: i. In keeping with the purpose and intent of the zone, and consistent with the Renton Comprehensive Plan policies; and ii. Similar in nature to, and no more intense than, a specifically listed per- mitted, conditional or accessory use; and iii. Consistent with subsection C4 of this Section, if determined to be per- missible as an accessory use. 7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the Master Zoning Use Table and any other individual zoning use tables, RMC 4-2-070A through 4-2-070S, the provisions of RMC 4-2-060 shall have priority. 8. Existing Legal Nonconforming Uses: Where the term “existing” follows a listed use type within the table(s) (e.g., horticulture nurseries, existing), then those who can doc- ument that their nonconforming uses were le- gal at the time the nonconforming uses were established will be permitted to continue those nonconforming uses and given all the rights of other permitted uses within the dis- trict. In addition, these uses may be rebuilt “as is, where is” should they suffer damage. These uses may be remodeled without limita- tion on value and may be enlarged subject to current code requirements (e.g., height limits, 4-2-050C (Revised 4/12)2 - 10 lot coverage, density limits, setbacks, park- ing, etc.), unless otherwise specifically condi- tioned in RMC 4-2-080. (Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995, 2-12-1996; Ord. 4587, 3-18-1996; Ord. 4595, 4-8-1996; Ord. 4851, 8-7-2000; Ord. 4782, 5-24-1999; Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011) 4-2-060E 2 - 11 (Revised 3/13) 4- 2 -06 0 Z O N I N G U S E T A B L E – U S E S A L L O WE D I N Z O N I N G DE S I G N A T I O N S : ZO N I N G U S E T A B L E R E S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : R C R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 A. A G R I C U L T U R E A N D N A T U R A L R E S O U R C E S Ag r i c u l t u r e P3 5 P3 5 Ho m e a g r i c u l t u r e AC 3 5 AC 3 5 AC 3 5 AC 3 5 AC 3 5 AC 3 5 AC 3 5 AC 3 5 Na t u r a l r e s o u r c e e x t r a c t i o n / r e c o v e r y H H H H H H H H H H H H H H H H H Re s e a r c h – S c i e n t i f i c ( s m a l l s c a l e ) P P P P P P P P P P P P P P P P P P P B. A N I M A L S A N D R E L A T E D U S E S Be e k e e p i n g AC AC AC AC AC AC AC AC Ke n n e l s AD 3 7 P3 7 P3 7 P3 7 St a b l e s , c o m m e r c i a l AD 3 7 AD 3 7 C. R E S I D E N T I A L De t a c h e d d w e l l i n g P P P P P P At t a c h e d d w e l l i n g s P7 3 P7 3 P P1 8 P7 3 P1 8 P3 P P1 8 P8 7 Ma n u f a c t u r e d H o m e s Ma n u f a c t u r e d h o m e s P5 0 P5 0 P5 0 P5 0 P P5 0 P5 0 D. O T H E R R E S I D E N T I A L , L O DG I N G A N D H O M E O C C U P A T I O N S Ac c e s s o r y d w e l l i n g u n i t AD 7 AD 7 AD 7 AD 7 AD 7 AD 7 Ad u l t f a m i l y h o m e P P P P P P P P P P3 As s i s t e d l i v i n g AD AD P P P P3 P4 0 P P7 5 P8 7 Ca r e t a k e r ’ s r e s i d e n c e AC AC AC AC AC AC AC AC Co n g r e g a t e r e s i d e n c e AD P P3 Gr o u p h o m e s I AD H3 Gr o u p h o m e s I I f o r 6 o r l e s s AD P P P P P P P P P3 P Gr o u p h o m e s I I f o r 7 o r m o r e H H H H H H H P H H3 AD Ho m e o c c u p a t i o n s AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 AC 6 Li v e - w o r k u n i t AD AD AD E. S C H O O L S K- 1 2 e d u c a t i o n a l i n s t i t u t i o n ( p u b l i c o r pr i v a t e ) H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H H8 7 Ot h e r h i g h e r e d u c a t i o n i n s t i t u t i o n P2 9 P2 9 P2 9 P P P P2 1 P H8 7 Sc h o o l s / s t u d i o s , a r t s a n d c r a f t s P P2 9 P2 9 P P P P Tr a d e o r v o c a t i o n a l s c h o o l P P H H H7 7 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l in e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060F (Revised 3/13)2 - 12 F. P A R K S Pa r k s , n e i g h b o r h o o d P P P P P P P P P P P P P P P P P P P Pa r k s , r e g i o n a l / c o m m u n i t y , e x i s t i n g P P P P P P P P P P P P P P P P P P P Pa r k s , r e g i o n a l / c o m m u n i t y , n e w AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P P G. O T H E R C O M M U N I T Y A N D P U B L I C F A C I L I T I E S Co m m u n i t y F a c i l i t i e s Ce m e t e r y H H H H H H H H H H H H H H H Re l i g i o u s i n s t i t u t i o n s H H H H H H H H H H H H H H H H H H H Se r v i c e a n d s o c i a l o r g a n i z a t i o n s H H H H H H H H H H H H H H H1 2 H2 1 H2 7 H Pu b l i c F a c i l i t i e s Ci t y g o v e r n m e n t o f f i c e s AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD AD AD Ci t y g o v e r n m e n t f a c i l i t i e s H H H H H H H H H H H H H H H H H H H Ja i l s , e x i s t i n g m u n i c i p a l P Di v e r s i o n f a c i l i t y a n d d i v e r s i o n i n t e r i m se r v i c e f a c i l i t y H7 1 H7 1 Se c u r e c o m m u n i t y t r a n s i t i o n f a c i l i t i e s H7 1 H7 1 Ot h e r g o v e r n m e n t o f fi c e s a n d f a c i l i t i e s H H H H H H H H H H H H H H H H H H H H. O F F I C E A N D C O N F E R E N C E Co n f e r e n c e c e n t e r s P2 9 P2 9 P2 9 H P2 9 P P P2 1 P P9 1 Me d i c a l a n d d e n t a l o f f i c e s P4 2 P2 9 P2 9 P2 9 AD P1 1 2 P P P P P P9 2 Of f i c e s , g e n e r a l P4 2 P1 3 P1 3 P1 3 AD P1 1 2 P P P P P P9 3 Ve t e r i n a r y o f f i c e s / c l i n i c s P P4 2 P2 9 P2 9 P2 9 P1 1 2 P P P2 9 P P2 7 I. R E T A I L Ad u l t r e t a i l u s e P4 3 P4 3 P4 3 P4 3 P4 3 P4 3 P4 3 Bi g - b o x r e t a i l P P P P2 9 P7 9 Dr i v e - i n / d r i v e - t h r o u g h , r e t a i l AC 8 0 AC 8 0 AC 8 0 AC 8 0 AC 6 1 AC 8 0 AC 6 1 AC 2 7 AC Ea t i n g a n d d r i n k i n g e s t a b l i s h m e n t s P1 P1 P1 P1 P1 P1 AD 3 3 P4 2 P P P P2 2 P P P P1 2 P2 7 P2 7 P9 2 Fa s t f o o d r e s t a u r a n t s P2 9 P6 1 P P6 1 P2 7 Ho r t i c u l t u r a l n u r s e r i e s , e x i s t i n g AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Ho r t i c u l t u r a l n u r s e r i e s , n e w AD AD 2 9 ZO N I N G U S E T A B L E R E S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : R C R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l in e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060J 2 - 13 (Revised 8/14) I. R E T A I L ( C o n t i n u e d ) Ma r i j u a n a r e t a i l ( R M C 4 - 1 - 2 5 0 ) AD P AD P21 P82 P92 Re t a i l s a l e s AD 3 3 AD P2 9 P2 9 P2 9 P2 2 P P P P54 P21 P82 P82 Re t a i l s a l e s , o u t d o o r P3 0 P3 0 P3 0 P1 5 P1 5 P1 5 P15 P15 Ta v e r n s AD P2 0 AD P21 P82 P92 Ve h i c l e s a l e s , l a r g e P P P P2 9 Ve h i c l e s a l e s , s m a l l P P P P6 8 J. E N T E R T A I N M E N T A N D R E C R E A T I O N En t e r t a i n m e n t Ad u l t e n t e r t a i n m e n t b u s i n e s s P4 3 P4 3 P4 3 P4 3 P43 P43 Ca r d r o o m P5 2 P5 2 P5 2 P5 2 Cu l t u r a l f a c i l i t i e s H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD Da n c e c l u b s P2 9 P2 9 P2 9 AD P2 0 AD P29 AD Da n c e h a l l s P2 9 P2 9 P2 9 AD P2 0 AD P29 AD Ga m i n g / g a m b l i n g f a ci l i t i e s , n o t - f o r - pr o f i t H2 9 H2 9 H2 9 H2 0 H29 Mo v i e t h e a t e r s P2 9 P2 9 P2 9 AD P2 0 P P12 P83 P92 Sp o r t s a r e n a s , a u d i t o r i u m s , e x h i b i t i o n ha l l s , i n d o o r P2 9 P2 9 P2 9 P2 0 P H H96 Sp o r t s a r e n a s , a u d i t o r i u m s , e x h i b i t i o n ha l l s , o u t d o o r P2 9 P2 9 P2 9 AD 2 0 H H96 Re c r e a t i o n Go l f c o u r s e s ( e x i s t i n g ) P P P P P P Go l f c o u r s e s , n e w H P H H H H Ma r i n a s P P21 H Re c r e a t i o n a l f a c i l i t i e s , i n d o o r , e x i s t i n g H P3 3 P2 9 P2 9 P2 9 P P P P54 P21 P27 P92 Re c r e a t i o n a l f a c i l i t i e s , i n d o o r , n e w H P2 9 P4 P P P92 P12 P21 P27 P92 Re c r e a t i o n a l f a c i l i t i e s , o u t d o o r P2 9 P2 9 P2 9 H2 0 H29 ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060K (Revised 8/14)2 - 14 K. S E R V I C E S Se r v i c e s , G e n e r a l Be d a n d b r e a k f a s t h o u s e , a c c e s s o r y AD AD AD AD AD AD AD AD P Be d a n d b r e a k f a s t h o u s e , pr o f e s s i o n a l AD AD AD 5 AD P Ho t e l P2 9 P2 9 P2 9 P P2 0 P P P P P96 Mo t e l P2 9 P2 9 P2 9 P P2 0 Of f - s i t e s e r v i c e s P4 2 P2 9 P2 9 P2 9 P2 9 On - s i t e s e r v i c e s AD 3 3 P4 2 P2 9 P2 9 P2 9 P2 2 P P P P54 P21 P27 P92 Dr i v e - i n / d r i v e - t h r o u g h s e r v i c e AC 6 1 AC 6 1 AC 6 1 AC 8 0 AC 6 1 AC 8 0 AC61 AC61 AC61 AC27 AC Ve h i c l e r e n t a l , s m a l l P P P AD P2 0 Ve h i c l e a n d e q u i p m e n t r e n t a l , l a r g e P2 9 P2 9 P2 9 Da y C a r e S e r v i c e s Ad u l t d a y c a r e I AC AC AC AC AC AC AC AC P P P P P P P P P P27 P100 Ad u l t d a y c a r e I I H H H H H H P P P P P P P P12 P21 P27 P100 Da y c a r e c e n t e r s H2 5 H2 5 H2 5 H2 5 H2 5 H2 5 P P P P P P P P P21 P27 P100 Fa m i l y d a y c a r e AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC He a l t h c a r e S e r v i c e s Co n v a l e s c e n t c e n t e r s H H H H P AD P3 P40 AD AD96 AD96 Me d i c a l i n s t i t u t i o n s H H H H H H H H5 6 H5 6 H5 6 H H H H P40 H H H L. V E H I C L E R E L A T E D A C T I V I T I E S Ca r w a s h e s P P P AD 2 P2 Ex p r e s s t r a n s p o r t a t i o n s e r v i c e s AD P AD 2 0 Fu e l d e a l e r s H5 9 P In d u s t r i a l e n g i n e o r t r a n s m i s s i o n re b u i l d P2 8 P2 8 P2 8 Pa r k i n g g a r a g e , s t r u c t u r e d , co m m e r c i a l o r p u b l i c P P P P P2 0 P3 P P P P93 Pa r k i n g , s u r f a c e , c o m m e r c i a l o r p u b l i c P2 9 P2 9 P2 9 P2 0 P3 AD Pa r k a n d r i d e , d e d i c a t e d P1 0 5 P1 0 5 P1 0 5 P1 0 7 P1 0 5 P107 P105 P107 ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H= H e a r i n g E x a m i n e r C o n d i t i o n a l U s e #=Condition(s) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060M 2 - 15 (Revised 8/14) L. V E H I C L E R E L A T E D A C T I V I T I E S ( C o n t i n u e d ) Pa r k a n d r i d e , s h a r e d - u s e P P P P P P P P P P1 0 7 P1 0 9 P107 P P107 Ra i l r o a d y a r d s P Ta x i s t a n d P AD AD To w t r u c k o p e r a t i o n / a u t o im p o u n d m e n t y a r d P3 6 H5 9 P AD 3 6 Tr a n s i t c e n t e r s H2 9 H2 9 H2 9 P H2 0 P H29 P P Tr u c k t e r m i n a l s P Ve h i c l e f u e l i n g s t a t i o n s P P P P P P29 Ve h i c l e f u e l i n g s t a t i o n s , e x i s t i n g l e g a l P P P AD P P P29 Ve h i c l e s e r v i c e a n d r e p a i r , l a r g e AD 2 P P Ve h i c l e s e r v i c e a n d r e p a i r , s m a l l P2 P2 P2 AD 2 AD 2 AD 2 Wr e c k i n g y a r d , a u t o H5 9 H Ai r T r a n s p o r t a t i o n U s e s Ai r p l a n e m a n u f a c t u r i n g H5 9 P Ai r p l a n e m a n u f a c t u r i n g , a c c e s s o r y fu n c t i o n s AC AC Ai r p l a n e s a l e s a n d r e p a i r P Ai r p o r t , m u n i c i p a l P Ai r p o r t - r e l a t e d o r a v i a t i o n - r e l a t e d u s e s AC He l i p a d s P1 1 1 H2 9 H2 9 H2 9 H H H29 He l i p a d s , c o m m e r c i a l H H M. S T O R A G E Ha z a r d o u s m a t e r i a l s t o r a g e , o n - s i t e o r of f - s i t e , i n c l u d i n g t r e a t m e n t H2 4 H2 4 H2 4 In d o o r s t o r a g e P P P AC 1 1 AC 1 1 AC 1 1 AC11 AC11 AC11 Ou t d o o r s t o r a g e , e x i s t i n g P2 9 P2 9 P2 9 P6 4 Ou t d o o r s t o r a g e , n e w P2 9 P2 9 P6 4 Se l f - s e r v i c e s t o r a g e P2 9 P5 9 P H2 2 H2 2 Ve h i c l e s t o r a g e AD 2 9 Wa r e h o u s i n g P P P ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060N (Revised 8/14)2 - 16 N. I N D U S T R I A L In d u s t r i a l , G e n e r a l As s e m b l y a n d / o r p a c k a g i n g op e r a t i o n s PP P P86P86 Co m m e r c i a l l a u n d r i e s , e x i s t i n g P2 9 P 2 9 P 2 9 P4 Co m m e r c i a l l a u n d r i e s , n e w P2 9 P 2 9 P 2 9 Co n s t r u c t i o n / c o n t r a c t o r ’ s o f f i c e PP P Cr a f t d i s t i l l e r i e s w i th t a s t i n g r o o m s , sm a l l w i n e r i e s , a n d m i c r o - br e w e r i e s P PP P P P P P In d u s t r i a l , h e a v y P1 4 La b o r a t o r i e s : l i g h t m a n u f a c t u r i n g P2 9 P 2 9 P 2 9 AD P 2 0 P 3 A D 5 4 P P 8 6 La b o r a t o r i e s : r e s e a r c h , d e v e l o p m e n t an d t e s t i n g P2 8 P P H P 2 0 A D 3 A D H P P 8 6 Ma n u f a c t u r i n g a n d f a b r i c a t i o n , h e a v y H5 9 P 6 7 Ma n u f a c t u r i n g a n d f a b r i c a t i o n , me d i u m P6 7 P 6 7 Ma n u f a c t u r i n g a n d f a b r i c a t i o n , l i g h t PP P P So l i d W a s t e / R e c y c l i n g Re c y c l i n g c o l l e c t i o n a n d p r o c e s s i n g ce n t e r P2 8 P2 8 P2 8 P2 9 Re c y c l i n g c o l l e c t i o n s t a t i o n P P P P P P P P P Se w a g e d i s p o s a l a n d t r e a t m e n t p l a n t s H5 9 H Wa s t e r e c y c l i n g a n d t r a n s f e r f a c i l i t i e s H5 9 P ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060Q 2 - 17 (Revised 8/14) O. U T I L I T I E S Co m m u n i c a t i o n b r o a d c a s t a n d r e l a y to w e r s H H H H H H H H H2 9 H2 9 H2 9 H H H H H H El e c t r i c a l p o w e r g e n e r a t i o n a n d co g e n e r a t i o n H H6 6 H6 6 H6 6 H6 6 H6 6 H6 6 H66 H66 H66 Ut i l i t i e s , s m a l l P P P P P P P P P P P P P P P P P P P Ut i l i t i e s , m e d i u m AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Ut i l i t i e s , l a r g e H H H H H H H H H H H H H H H H H H H P. W I R E L E S S C O M M U N I C A T I O N F A C I L I T I E S Am a t e u r r a d i o a n t e n n a AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD 8 AD8 AD8 AD8 AD8 La t t i c e t o w e r s s u p p o r t s t r u c t u r e s H4 7 AD 4 7 AD 4 7 AD 4 7 H4 7 H4 7 AD 4 7 H47 AD47 H47 Ma c r o f a c i l i t y a n t e n n a s P P P P P P P P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P44 P44 P44 AD AD Mi c r o f a c i l i t y a n t e n n a s P P P P P P P P P P P P P P P P P P P Mi n i f a c i l i t y a n t e n n a s P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 P44 P44 P44 AD AD Mi n o r m o d i f i c a t i o n s t o e x i s t i n g wi r e l e s s c o m m u n i c a t i o n f a c i l i t i e s P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P4 9 P49 P49 P49 P49 P49 Mo n o p o l e I s u p p o r t s t r u c t u r e s o n pr i v a t e p r o p e r t y AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 P4 4 P4 4 P4 4 AD 4 5 P4 4 P4 4 AD45 P44 AD45 Mo n o p o l e I s u p p o r t s t r u c t u r e s o n pu b l i c r i g h t - o f - w a y AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 P4 4 P4 4 P4 4 P4 4 P4 4 P4 4 AD45 P44 AD45 Mo n o p o l e I I s u p p o r t s t r u c t u r e s H4 7 AD 4 7 AD 4 7 AD 4 7 H4 7 H4 7 AD 4 7 H47 AD47 H47 Pa r a b o l i c a n t e n n a s – L a r g e AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 AD 4 5 H4 5 P4 4 P4 4 P4 4 AD 4 5 P4 4 P4 4 AD45 P44 AD45 Q. G E N E R A L A C C E S S O R Y U S E S Ac c e s s o r y u s e s p e r R M C 4 - 2 - 0 5 0 a n d as d e f i n e d i n c h a p t e r 4 - 1 1 R M C , wh e r e n o t o t h e r w i s e l i s t e d i n U s e Ta b l e AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e # = C o n d i t i o n ( s ) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-060R (Revised 8/14)2 - 18 (O r d . 4 7 3 6 , 8 - 2 4 - 1 9 9 8 ; O r d . 4 7 7 3 , 3 - 2 2 - 1 9 9 9 ; O r d . 4 7 7 7 , 4 - 1 9 - 1 9 9 9 ; O r d . 4 7 8 6 , 7 - 1 2 - 1 9 9 9 ; O r d . 4 80 2 , 1 0 - 2 5 - 1 9 9 9 ; O r d . 4 8 0 3 , 1 0 - 2 5-1999; Ord. 4827, 1-24-2000; Or d . 4 8 4 0 , 5 - 8 - 2 0 0 0 ; O r d . 4 8 5 7 , 8 - 2 1 - 2 0 0 0 ; Or d . 4 9 1 5 , 8 - 2 7 - 2 0 0 1 ; O r d . 4 9 1 7 , 9 - 1 7 - 2 0 0 1 ; A m d . O r d . 4 9 6 3 , 5 - 1 3 - 2 0 0 2 ; O r d . 4 9 7 1 , 6 - 10-2002; Ord. 4982, 9-23-2002; Or d . 4 9 9 9 , 1 - 1 3 - 2 0 0 3 ; O r d . 5 0 0 1 , 2 - 1 0 - 2 0 0 3 ; O r d . 5 0 1 8 , 9 - 2 2 - 2 0 0 3 ; O r d . 5 0 2 7 , 1 1 - 2 4 - 2 0 0 3 ; O r d . 5 0 8 0 , 6 - 1 4 - 2 0 0 4 ; O r d . 5 1 0 0 , 1 1 - 1 - 2 0 0 4 ; O r d . 5 1 2 4 , 2 - 7 - 2 0 0 5 ; Or d . 5 1 9 0 , 1 2 - 1 2 - 2 0 0 5 ; O r d . 5 1 9 1 , 1 2 - 1 2 - 2 0 0 5 ; O r d . 5 2 0 1 , 4 - 1 7 - 2 0 0 6 ; O r d . 5 2 4 1 , 1 1 - 2 7 - 2 0 0 6 ; O r d . 5 2 8 6, 5 - 1 4 - 2 0 0 7 ; O r d . 5 3 0 5 , 9 - 1 7 - 2 0 0 7 ; O r d . 5 3 5 5 , 2 - 2 5 - 2 0 0 8 ; Or d . 5 3 5 6 , 2 - 2 5 - 2 0 0 8 ; O r d . 5 3 8 1 , 5 - 1 2 - 2 0 0 8 ; O r d . 5 3 8 7 , 6 - 9 - 2 0 0 8 ; O r d . 5 3 9 2 , 6 - 2 3 - 2 0 0 8 ; O r d . 5 4 0 3 , 7 - 2 1 - 2 0 0 8 ; O r d . 5 4 0 7 , 9 - 1 5 - 2 0 08; Ord. 5437, 12-8-2008; Ord. 54 3 9 , 1 2 - 8 - 2 0 0 8 ; O r d . 5 4 5 0 , 3 - 2 - 2 0 0 9 ; O r d . 5 4 6 6 , 7 - 1 3 - 2 0 0 9 ; O r d . 5 4 6 9 , 7 - 1 3 - 2 0 0 9 ; O r d . 5 4 7 3 , 7 - 1 3 - 2 0 0 9 ; O r d . 5 5 1 9 , 1 2 - 1 4 - 2 0 0 9 ; Ord. 5520, 12-14-2009; Ord. 55 2 2 , 1 2 - 1 4 - 2 0 0 9 ; O r d . 5 5 7 7 , 1 1 - 1 5 - 2 0 1 0 ; O r d . 5 5 7 8 , 1 1 - 1 5 - 2 0 1 0 ; O r d. 5 5 8 9 , 2 - 2 8 - 2 0 1 1 ; O r d . 5 6 3 9 , 1 2 - 1 2 - 2 0 1 1 ; O r d . 5 6 4 0 , 1 2 - 1 2 - 2 011; Ord. 5647, 12-12-2011; Or d . 5 6 7 5 , 1 2 - 3 - 2 0 1 2 ; O r d . 5 6 7 6 , 1 2 - 3 - 2 0 1 2 ; Or d . 5 7 0 2 , 1 2 - 9 - 2 0 1 3 ; O r d . 5 7 0 7 , 3 - 2 4 - 2 0 1 4 ) 4- 2 - 0 7 0 ( R e s e r v e d ) (O r d . 5 3 8 7 , 6 - 9 - 2 0 0 8 ) R. T E M P O R A R Y U S E S Mo d e l h o m e s i n a n a p p r o v e d re s i d e n t i a l d e v e l o p m e n t : o n e mo d e l h o m e o n a n e x i s t i n g l o t P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P10 P10 Sa l e s / m a r k e t i n g t r ai l e r s , o n - s i t e P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P10 P10 P10 P10 P10 St o r a g e y a r d s o r b u 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 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P10 P10 P10 P10 P10 Te m p o r a r y u s e s P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P1 0 P10 P10 P10 P10 P10 ZO N I N G U S E T A B L E RE S I D E N T I A L Z O N I N G D E S I G N A T IO N S I N D U S T R I A L C O M M E R C I A L Z O N I N G D E S I G N A T I O N S US E S : RC R - 1 R - 4 R - 8 R M H R - 1 0 R - 1 4 R M I L I M I H C N C V C A C D C O C O R U C - N 1 U C - N 2 Bl a n k = N o t A l l o w e d P# = P e r m i t t e d pr o v i d e d c o n d i t i o n c a n b e m e t AD = A d m i n i s t r a t i v e C o n d i t i o n a l U s e A C = A c c e s s o r y U s e P= P e r m i t t e d U s e H= H e a r i n g E x a m i n e r C o n d i t i o n a l U s e #=Condition(s) Us e s m a y b e f u r t h e r r e s t r i c t e d b y : R M C 4 - 3 - 0 2 0 , A i r p o r t R e l a t e d He i g h t a n d U s e R e s t r i c t i o n s ; R M C 4- 3 - 0 4 0 C , U s e s P e r m i t t e d i n t h e A u t o m a l l I m p r o v e m e n t D i s t r i c t ; R M C 4 - 3 - 0 5 0 , C r i t i c a l A r e a s Re g u l a t i o n s ; R M C 4 - 3 - 0 9 0 , S h o r e l i n e M a s t e r P r o g r a m R e g u l a t i o n s 4-2-080A 2 - 19 (Revised 8/14) 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Limited to locations within an existing or new golf course or regional park. 2. All operations shall be conducted entirely within an enclosed structure. 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 screen- ing 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. d. Any overnight vehicle parking acces- sory 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 associ- ated with a gas station. 3. These uses shall not be located on the ground floor along street frontage 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 commer- cial laundry uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas. Ren- ovations or alterations within the existing building footprint are permitted. 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) may be allowed as an accessory use to a detached single-family dwelling pursuant to the con- ditional use permit process. ADUs shall be subject to the development standards applicable to primary structures and con- sistent 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 prop- erty, a copy of the approved site/floor plan, and the applicability of the restrictions and limitations regarding ADUs in RMC Title IV. No more than fifty (50) total ADUs may be permitted per calendar year. 8. A building-mounted amateur radio antenna that is six feet (6') or less in height or a free- standing, 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 permit- ted 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. Specified uses are allowed 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 to prod- ucts related to retail, service, or office uses and shall not be located along the building 4-2-080A (Revised 8/14)2 - 20 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. 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 per- mitted outside the EAV. 14. Marijuana producers and processors must be located entirely within a permanent enclosed structure with a roof. 15. In the CD and CO Zones, use is limited to farmer’s markets. In all other zones, use is limited to farmer’s markets, building, hard- ware and garden retail sales. 16. Reserved. 17. Reserved. 18. Only permitted within a structure containing commercial uses on the ground floor. Com- mercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Resi- dential uses shall not be located on the ground floor, except for residential entry features unless determined through the site plan review process that a particular build- ing has no street frontage. Residential uses are not permitted in the Employment Area Valley (EAV) land use designation. 19. Reserved. 20. Not permitted within the Commercial Corri- dor Comprehensive Plan designation along Northeast Sunset, Northeast Fourth (4th), and South Puget Drive. 21. Except for marinas, the use must be housed in a structure containing one (1) or more of the following uses: offices, resi- dences, hotels, convention centers, and/or research and development facilities. The requirements in this Section may be adjusted through the Master Plan process. 22. 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 commer- cial uses that serve nearby residents, as determined by the Community and Eco- nomic Development Administrator. 23. Limited to existing uses. Only those modifi- cations or expansions which do not increase production levels are permitted in the COR Zone. Major modifications, pro- duction increases, or expansions of exist- ing use require a Hearing Examiner conditional use permit in the COR Zone. 24. Use requires a Hearing Examiner condi- tional use permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of I-405 and north of SW 16th Street, unless acces- sory, 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. Reserved. 27. Shall be architecturally and functionally integrated into the overall development. Freestanding establishments may be per- mitted only if they are 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 pro- hibit pushcarts/kiosks. 28. Industrial engine and transmission rebuild uses must be conducted entirely indoors. In the CA Zone, body shops must be con- ducted 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 Val- ley (EAV) land use designation, provided: a. Gambling facilities, vehicle and equip- ment rental and communication broadcast and relay towers are excluded within the area south of I-405 and north of SW 16th Street; 4-2-080A 2 - 21 (Revised 3/13) b. Large vehicle sales are only allowed in the area south of I-405 and west of SR167/Rainier Avenue South. c. Outdoor storage and retail sales are allowed as an accessory use in indus- trial zones. d. Self-service storage is allowed as an administrative conditional use in Light Industrial (IL) Zones. 30. Except farmer’s markets, which are permit- ted in all industrial zones, use is not allowed in the area south of I-405 and north of SW 16th Street. Lumberyards are not permitted in the IL zone. 31. Reserved. 32. Reserved. 33. Retail uses, eating/drinking establish- ments, and on-site service uses are prohib- ited within the Center Village land use designation unless they are accessory to a school, park, or entertainment and recre- ational 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. 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, 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 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. Subject to requirements of RMC 4-4-010, as it exists or may be amended, Standards for Animal Keeping Accessory to Residen- tial/Commercial Uses. Operations predominantly conducted out- doors require an administrative conditional use permit in the IL Zone and are prohibited in the area south of I-405 and north of SW 16th Street. 38. Reserved. 39. Reserved. 40. Permitted when located within the Com- mercial Corridor (CC) Comprehensive Plan land use designation. 41. 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. (Amd. Ord. 4971, 6-10-2002) 43. Subject to the provisions of RMC 4-3-010, Adult Retail and Entertainment Regula- tions, and chapter 5-12 RMC, Adult Enter- tainment Standards, as they exist or may be amended. In the CO Zone, uses shall be developed as part of larger office struc- tures, shall not stand alone, and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 44. If the setback is less than one hundred feet (100') from any adjacent or abutting resi- dentially zoned parcel, an administrative conditional use permit is required. 45. If the setback is less than one hundred feet (100') from any adjacent or abutting resi- dentially zoned parcel, a Hearing Examiner issued conditional use permit is required. 46. Reserved. 47. Monopoles are prohibited if located within three hundred feet (300') of residentially zoned property unless the Community and Economic Development Administrator determines that all residentially zoned property within three hundred feet (300') of the proposed facility is undevelopable due to critical areas regulations (RMC 4-3-050). 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. Reserved. 49. Emergency or routine modifications are permitted when there is minimal or no change in the visual appearance, as deter- mined by the Community and Economic Development Administrator. 50. Manufactured homes shall be allowed only if in compliance with the Residential Design 4-2-080A (Revised 3/13)2 - 22 and Open Space Standards in RMC 4-2-115, as it exists or may be amended. 51. Reserved. 52. Card rooms are permitted when ancillary to a permitted use where food and beverages are served on the premises and located in an area with an Employment Area Valley (EAV) land use designation as shown on the City’s Comprehensive Plan Land Use Map, and located south of I-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 juris- diction 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. Reserved. 54. Allowed outright in the Employment Area Valley (EAV) land use designation. 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%) of a building whose primary use is for office-related use. Outside the EAV, indoor recreation uses shall not occupy more than twenty five per- cent (25%) of any one (1) floor. 55. Reserved. 56. Prohibited within the Employment Area Val- ley (EAV). 57. Reserved. 58. Reserved. 59. The specified uses shall be prohibited within the area south of I-405 and north of SW 16th Street. 60. Reserved. 61. No drive-through service shall be permit- ted, except for financial institutions, multi- story buildings in the CV and CD Zones, and uses within industrial zones in the Employment 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 finan- cial institution structure. Fast food restau- rants 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. Reserved. 63. Reserved. 64. Limited to storage in association with rental services. An administrative conditional use permit is required within one thousand two hundred feet (1,200') of NE 4th Street. Use is prohibited within one thousand two hun- dred feet (1,200') of Sunset Boulevard. 65. Reserved. 66. Electrical power generation and co-genera- tion is permitted as an accessory use when located more than one hundred feet (100') from any property zoned for residential use, and producing less than ten (10) mega- watts of electricity. In the CO Zone, the use must be accessory to a medical institution. 67. Chemical and allied products manufactur- ing operations, or operations which are conducted predominantly out of doors, require a Hearing Examiner issued condi- tional 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 I-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. Provided, however, that indoor only sales of small vehicles are permitted anywhere within the CA Zone, regardless of overlay zone. 69. Reserved. 70. Reserved. 71. Only allowed in the Employment Area Val- ley (EAV) land use designation south of I-405, subject to the conditions of RMC 4-9-030, as it exists or may be amended. 72. Reserved. 73. Garden style apartments are prohibited. Within the Center Village Zone, ground floor commercial development at a mini- mum of seventy five percent (75%) of the frontage of the building is required for all residential projects on parcels abutting NE 4-2-080A 2 - 23 (Revised 3/13) Sunset Boulevard east of Harrington Ave- nue NE. 74. Reserved. 75. Only permitted west of Park Ave. and south of N. 8th Street. 76. Reserved. 77. Only permitted north of N. 8th Street and as part of a mixed use structure, limited to training related to research and develop- ment, arts, computer sciences, business, culinary arts, medical-related fields and/or other knowledge-based industries. 78. Reserved. 79. a. Big-box uses must function as an anchor to larger retail developments that are planned as part of an inte- grated 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. 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 “acces- sory” to the eating/drinking establish- ment. 81. 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 maxi- mum 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 overall shopping center or mixed use devel- opment. Stand-alone retail buildings are not allowed east of Lake Washing- ton Boulevard North. c. Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. 83. No freestanding structures permitted unless architecturally and functionally inte- grated into an overall shopping center or mixed use development. 84. Reserved. 85. Reserved. 86. Limited to airplane manufacturing, biotech- nology, life science, information technology (i.e., hardware, software, computer compo- nents), or other high technology industry. Except airplane manufacturing and associ- ated 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 Munici- pal Airport runway. Except K-12 institutions, buildings oriented to pedestrian streets must have ground-floor commercial uses. Residential uses must be incorporated in mixed use structures with ground-floor commercial unless: a. The entire frontage of the block is res- idential; 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. Reserved. 89. Reserved. 90. Reserved. 91. a. Not permitted within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. b. If located north of N. 8th Street, then must be located in a mixed use struc- ture. 4-2-080A (Revised 3/13)2 - 24 c. Buildings oriented to pedestrian streets must have ground-floor com- mercial uses within them. 92. Must be located within a mixed use struc- ture. Buildings oriented to pedestrian streets must have ground-floor commercial uses within them. 93. Buildings oriented to pedestrian streets must have ground-floor commercial uses within them. 94. Reserved. 95. Reserved. 96. Specified entertainment and sports uses shall not be permitted within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Buildings ori- ented to pedestrian streets must have ground-floor commercial uses within them. Convalescent centers are permitted only south of N. 8th Street. 97. Reserved. 98. Reserved. 99. Reserved. 100. Specified day care service uses shall not be permitted within one thousand feet (1,000') of the centerline of Renton Munici- pal Airport runway. Specified day care ser- vice uses must be located within a mixed use structure. 101. Reserved. 102. Reserved. 103. Reserved. 104. Reserved. 105. Specified vehicle related uses shall not be permitted when west or north of I-405. 106. Reserved. 107. Only structured park and rides are permit- ted. 108. Reserved. 109. Specified vehicle uses shall not be permit- ted 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 struc- tured parking. 110. Reserved. 111. Helipad use is only 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 mini- mum 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 establish- ment 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, state, or local reg- ulation. Under no circumstances shall a helipad be permitted if the result of the FAA Aeronautical Study is “objec- tionable.” e. The helipad shall be approved by the FAA for arrivals and departures from the water side only. 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 tak- ing primary access from Edmonds Avenue 4-2-080C 2 - 25 (Revised 8/14) NE; and fast food restaurants are prohib- ited from accommodating drive-throughs. (Ord. 4186, 11-14-1988; Ord. 4404, 6-7-1993; Ord. 4432, 12-20-1993; Ord. 4466, 8-22-1994; Ord. 4631, 9-9-1996; Ord. 4736, 8-24-1998; Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4827, 1-24-2000; Ord. 4840, 5-8-2000; Ord. 4847, 6-19-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5001, 2-10-2003; Ord. 5018, 9-22-2003; Ord. 5027, 11-24-2003; Ord. 5028, 11-24-2003; Ord. 5080, 6-14-2004; Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5241, 11-27-2006; Ord. 5286, 5-14-2007; Ord. 5305, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5381, 5-12-2008; Ord. 5392, 6-23-2008; Ord. 5403, 7-21-2008; Ord. 5407, 9-15-2008; Ord. 5432, 12-8-2008; Ord. 5436, 12-8-2008; Ord. 5437, 12-8-2008; Ord. 5466, 7-13-2009; Ord. 5471, 7-13-2009; Ord. 5473, 7-13-2009; Ord. 5520, 12-14-2009; Ord. 5529, 3-8-2010; Ord. 5577, 11-15-2010; Ord. 5639, 12-12-2011; Ord. 5640, 12-12-2011; Ord. 5647, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5707, 3-24-2014) B. (Deleted by Ord. 5675, 12-3-2012) (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008) C. (Deleted by Ord. 5357, 2-25-2008) (Ord. 4963, 5-13-2002) (Revised 8/14)2 - 26/66.2 This page left intentionally blank. 4-2-080D 2 - 66.3 (Revised 5/08) D. DOWNTOWN PEDESTRIAN DISTRICT: (Amd. Ord. 4963, 5-13-2002; Ord. 5357, 2-25-2008) 4-2-080E (Revised 5/08)2 - 66.4 E. ARTERIAL STREET PLAN: (Ord. 4963, 5-13-2002) 4-2-100C 2 - 67 (Revised 3/13) F. (Deleted by Ord. 5675, 12-3-2012) (Ord. 5100, 11-1-2004; Ord. 5191, 12-12-2005) 4-2-090 (Reserved) 4-2-100 ZONING STANDARDS TABLES: A. STANDARDS ESTABLISHED: The following tables contain density, dimension standards, and other limitations for the various zones. Additional development requirements found in these tables not related to zoning will also apply. B. TABLES: There are four (4) separate tables dealing with the following general land use categories and zones: RESIDENTIAL (RC, R-1, R-4, R-8, R-10, R-14, RM) COMMERCIAL (CN, CV, CA) COMMERCIAL (CD, CO, COR) INDUSTRIAL (IL, IM, IH) (Ord. 5518, 12-14-2009) C. INTERPRETATION OF TABLES: Development standards are listed under each ap- plicable heading and the zones are listed at the left of each standard. The table cells contain the minimum and, in some cases, maximum require- ments of the zone. The small numbers (super- script) in a cell indicate additional requirements or detailed information which is not able to fit in the table format. A blank cell indicates there are no specific requirements. (Ord. 5518, 12-14-2009) (Revised 3/13)2 - 68 This page left intentionally blank. 4-2-110A 2 - 69 (Revised 3/14) 4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) DENSITY Minimum Net Density (for proposed short plats or subdivisions)1, 15 RC, R-1, and R-4 none R-8 4 dwelling units per net acre. R-10 For parcels over 1/2 gross acre: 4 dwelling units per net acre30 R-14 10 dwelling units per net acre 30 RM For any subdivision, and/or development:30 “U” suffix: 25 dwelling units per net acre. “T” suffix: 14 dwelling units per net acre. “F” suffix: 10 dwelling units per net acre. Maximum Net Density2, 14, 15 RC 1 dwelling unit per 10 net acres. R-1 1 dwelling unit per 1 net acre, except that in designated Urban Separators density of up to 1 unit per gross acre may be permitted subject to conditions in RMC 4-3-110, Urban Separator Overlay Regulations. Assisted living bonus: A maximum density of 18 units/acre may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. R-4 4 dwelling units per 1 net acre. R-8 8 dwelling units per 1 net acre, except that the maximum shall be 6.00 dwelling units per net acre when alleys are considered practical, as specified in RMC 4-7-150.E.5, and are not part of the street configuration. R-10 10 dwelling units per net acre. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. R-14 14 dwelling units per net acre, except that density of up to 18 dwelling units per acre may be permitted subject to conditions in RMC 4-9-065, Density Bonus Review. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. Affordable housing bonus: Up to 30 dwelling units per net acre may be permitted on parcels a minimum of two acres in size if 50% or more of the proposed dwelling units are affordable to low income households with incomes at or below 50% of the area median income. RM “U” suffix: 75 dwelling units per net acre.26 “T” suffix: 35 dwelling units per net acre. “F” suffix: 20 dwelling units per net acre.32 Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. 4-2-110A (Revised 3/14)2 - 70 NUMBER OF DWELLING UNITS PER LOT Maximum Number per Legal Lot2 RC, R-1, R-4, and R-8 1 dwelling with 1 accessory dwelling unit.7 R-10 and R-14 Detached single family dwellings: 1 dwelling with 1 accessory dwelling unit. Attached dwellings: n/a RM n/a LOT DIMENSIONS31 (for proposed plats and line adjustments) Minimum Lot Size RC28 10 acres R-128 1 acre, except 10,000 sq. ft. for cluster development.3 R-428 8,000 sq. ft.11 , except for small lot cluster development10, where R-8 standards shall apply. R-828 4,500 sq. ft. for parcels greater than 1 acre. 5,000 sq. ft. for parcels 1 acre or less. R-10 and R-1429 No minimum lot size. However, developments of greater than 9 single family dwellings shall incorporate a variety of home sizes, lot sizes, and unit clusters. RM n/a Minimum Lot Width RC 150 ft. for interior lots. 175 ft. for corner lots. R-1 75 ft. for interior lots. 85 ft. for corner lots. Except for cluster development, where R-4 standards shall apply. R-4 70 ft. for interior lots. 80 ft. for corner lots.11 Except for small lot cluster development10, where R-8 standards shall apply. R-8 50 ft. for interior lots. 60 ft. for corner lots. R-10 and R-14 No minimum lot width. RM “T” suffix: 14 ft. All other suffixes: 50 ft. 4-2-110A 2 - 71 (Revised 4/12) Minimum Lot Depth RC 200 ft. R-1 85 ft., except for cluster development, where R-4 standards shall apply.3 R-4 80 ft. 11 , except for small lot cluster development10, where R-8 standards shall apply. R-8 65 ft. R-10 and R-14 No minimum lot depth. RM29 65 ft. Lot Configuration R-8, R-10, and R-14 See RMC 4-2-115 SETBACKS4,31 Guidelines for R-10 and R-14: Building setbacks shall ensure separation of homes and private spaces while allowing high density. Visual functional continuity shall be maintained between housing units through similar setbacks and/or landscape buffers. Structures and parking areas may encroach into required set- backs if it can be shown that such encroachment allows significant trees or tree clusters to be retained. Encroachment shall be the minimum encroachment necessary to protect specified trees. In no case shall the yard be reduced to 50% or more of the required setback. Minimum Front Yard6 RC and R-1 30 ft. R-4 30 ft. 12 Exceptions: 1. For small lot cluster development 10, R-8 standards shall apply. 2. When parking lot is provided in the rear yard of the lot with access from a public right- of-way or alley, 20 ft. 3. The Administrator of the Department of Community and Economic Development or designee may reduce the setback by a maximum of 50% of the required setback, when all of the following conditions apply: a. The setback that was required at the time of initial construction was less than 30 ft. b. A reduced setback is appropriate given the character of the immediate neighborhood. c. There are no other alternative locations that can reasonably accommodate the request without encroaching into a setback. R-8 15 ft. Unit with Alley Access Garage: The front yard setback of the primary structure may be reduced to 10 ft. if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. R-10 and R-14 10 ft.21, except garage/carport setback which shall be 15 ft. RM “U” suffix: 5 ft.18,19 “T” suffix: 5 ft. “F” suffix: 20 ft. 4-2-110A (Revised 4/12)2 - 72 Minimum Side Yard RC 25 ft. R-1 15 ft. R-4 5 ft. R-8 5 ft. R-10 and R-14 Detached Units: 4 ft. Attached Units: 4 ft. for the unattached side(s) of the structure. 0 ft. for the attached side(s).23 RM “T” suffix – Attached Units: A minimum of 3 ft. for the unattached side(s) of the structure. 0 ft. for the attached side(s). Standard Minimum Setbacks for all other suffixes: Minimum setbacks for side yards:24 Lot width: less than or equal to 50 ft. – Yard setback: 5 ft. Lot width: 50.1 to 60 ft. – Yard setback: 6 ft. Lot width: 60.1 to 70 ft. – Yard setback: 7 ft. Lot width: 70.1 to 80 ft. – Yard setback: 8 ft. Lot width: 80.1 to 90 ft. – Yard setback: 9 ft. Lot width: 90.1 to 100 ft. – Yard setback: 10 ft. Lot width: 100.1 to 110 ft. – Yard setback: 11 ft. Lot width: 110.1+ ft. – Yard setback: 12 ft. Additional setbacks for structures greater than 30 ft. in elevation: The entire structure shall be set back an additional 1 ft. for each 10 ft. in excess of 30 ft. to a maximum cumulative setback of 20 ft. Additional setbacks for lots abutting Single Family Residential Zones RC, R-1, R-4, R-8, and R-10: 25 ft. along the abutting side(s) of the property. Side Yard Along a Street RC 30 ft. R-1 20 ft. R-4 20 ft. 12 Exceptions: 1. For small lot cluster development 10, R-8 standards shall apply. 2. The Administrator of the Department of Community and Economic Development or designee may reduce the setback by a maximum of 50% of the required setback, when all of the following conditions apply: a. The setback that was required at the time of initial construction was less than 20 ft. b. A reduced setback is appropriate given the character of the immediate neighborhood. c. There are no other alternative locations that can reasonably accommodate the request without encroaching into a setback. R-8 15 ft. for the primary structure R-10 and R-14 10 ft. except garage/carport setbacks which shall be 15 ft. RM “U” and “T” suffixes and on all previously existing platted lots which are 50 ft. or less in width: 10 ft. All other suffixes with lots over 50 ft. in width: 20 ft. 4-2-110A 2 - 73 (Revised 3/13) Minimum Rear Yard RC 35 ft. R-1 25 ft. R-4 25 ft. Exceptions: 1. For small lot cluster development 10, R-8 standards shall apply. 2. The Administrator of the Department of Community and Economic Development or designee may reduce the setback by a maximum of 50% of the required setback, when all of the following conditions apply: a. The setback that was required at the time of initial construction was less than 25 ft. b. A reduced setback is appropriate given the character of the immediate neighborhood. c. There are no other alternative locations that can reasonably accommodate the request without encroaching into a setback. R-8 20 ft. R-10 and R-14 12 ft.21 RM “U” suffix: 5 ft.18,19, unless lot abuts an RC, R-1, R-4, R-8, or R-10 zone, then 25 ft. “T” suffix: 5 ft. “F” suffix: 15 ft. Minimum Freeway Frontage Setback RC, R-1, R-4, R-8, R-10, and R-14 10 ft. landscaped setback from the street property line. Clear Vision Area RC, R-1, R-4, R-8, R-10, and R-14 In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030, Definitions C. Reciprocal Use Easements RC, R-1, R-4 and R-8 n/a R-10, and R-14 In order to allow for opportunities that maximize space, reciprocal use easements are allowed. If used, all of the following are required: 1.Reciprocal side and/or rear yard use easements shall be delineated on the site plan. 2.Residential walls facing a reciprocal side yard shall not have any windows within 5 feet of ground level or doors entering into the yard space of the abutting home. 3.The design of use easements should not negatively affect the building foundations. 4.The layout of each home should be such that privacy is maintained between abutting houses. RM n/a 4-2-110A (Revised 3/13)2 - 74 BUILDING STANDARDS Maximum Building Height, except for uses having a “Public Suffix” (P) designation and public water system facilities8,9 RC, R-1, R-4, R-8 and R-10 30 ft. R-14 Residential and Civic Uses: 30 ft. Commercial Uses: 20 ft. RM “U” suffix: 50 ft. “T” suffix: 35 ft. “F” suffix: 35 ft.20 Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas) RC, R-1, R-4, R-8, R-10, R-14 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') without a conditional use permit. Larger structures will have maximum 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) RC Lots 5 acres or more: 2%. An additional 5% of the total area may be used for agricultural buildings. 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. 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. 4-2-110A 2 - 74a (Revised 4/12) Maximum Impervious Surface Area RC Lots 5 acres or more: 20%. Lots 10,000 sq. ft.: 55%. For each additional 10,000 sq. ft. increase in lot size, the impervious coverage shall be decreased by 1.75% to a minimum of 20% for a 5-acre lot. Lots 10,000 sq. ft. or less: 55%. R-1 30% R-4 55% R-8 75% R-10 Detached units: 75% Attached units: 65% R-14 85% RM “U” and “T” suffixes: 85% All other suffixes: 75% Building Design RM “U” suffix: Modulation of vertical and horizontal facades is required at a minimum of 2 ft. at an interval of a minimum offset of 40 ft. on each building face. “U” and “T” suffixes: See RMC 4-3-100 for Urban Design Regulations. Maximum Number of Units per Building R-10 No more than four (4) dwelling units per building. R-14 No more than six (6) dwelling units per building. (Revised 4/12)2 - 74b This page left intentionally blank. 4-2-110A 2 - 74.1 (Revised 8/10) DESIGN STANDARDS General RC, R-1, R-4, R-8, R-10, and R-14 See RMC 4-2-115, Residential Design and Open Space Standards RM Properties abutting a less intense residential zone may be required to incorporate special design standards (e.g., additional landscaping, larger setbacks, facade articulation, solar access, fencing) through the site development plan review process. LANDSCAPING General: See RMC 4-4-070. EXTERIOR LIGHTING General R-10 and R-14 See RMC 4-4-075, Lighting, Exterior On-Site. SCREENING Surface Mounted or Roof Top Equipment, or Outdoor Storage R-10, R-14, and RM See RMC 4-4-095, Screening and Storage Height/Location Limitations. Recyclables and Refuse RM See RMC 4-4-090, Refuse and Recyclable Standards. Utilities R-10 and R-14 Utility boxes that are not located in alleyways or away from public gathering spaces shall be screened with landscaping or berms. DUMPSTER/TRASH/RECYCLING COLLECTION AREA Minimum Size and/or Location Requirements Guidelines for R-10 and R-14: Trash and recycling shall be located so that they are easily accessible to residents. They shall also be invisible to the general public. R-10 and R-14 Both of the following are required: 1. Trash and recycling containers shall be located so that they have minimal impact on residents and their neighbors and so that they are not visible to the general public; and 2. A screened enclosure in which to keep containers shall be provided or garages shall be built with adequate space to keep containers. Screened enclosures shall not be located within front yards. See RMC 4-4-090, Refuse and Recyclable Standards. RM See RMC 4-4-090, Refuse and Recyclable Standards. CRITICAL AREAS General RC, R-1, R-4, R-8, R-10, and R-14 See RMC 4-3-050, Critical Areas Regulations, and 4-3-090, Shoreline Master Program Regulations. 4-2-110A (Revised 8/10)2 - 74.2 PARKING AND LOADING General: See RMC 4-4-080 SIGNS General R-10, R-14 and RM See RMC 4-4-100, Sign Regulations SIDEWALKS, PATHWAYS, AND PEDESTRIAN EASEMENTS General R-10 and R-14 All of the following are required: 1.Sidewalks shall be provided throughout the neighborhood. The sidewalk may disconnect from the road, provided it continues in a logical route throughout the development. 2.Front yards shall have entry walks that are a minimum width of 3 feet and a maximum width of 4 feet. 3.Pathways shall be used to connect common parks, green areas, and pocket parks to residential access streets, limited residential access streets, or other pedestrian connections. They may be used to provide access to homes and common open space. They shall be a minimum 3 ft. in width and made of paved asphalt, concrete, or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or paving blocks with planted joints. Sidewalks or pathways for parks and green spaces shall be located at the edge of the common space to allow a larger usable green and easy access to homes. 4.Pedestrian Easement Plantings: Shall be planted with plants and trees. Trees are required along all pedestrian easements to provide shade and spaced 20 feet on center. Shrubs shall be planted in at least 15 percent of the easement and shall be spaced no further than 36 inches on center. 5. For all homes that do not front on a residential access street, limited residential access street, a park, or a common green: Pedestrian entry easements that are at least 15 ft. wide plus a 5 ft. sidewalk shall be provided. MAIL AND NEWSPAPER BOXES General Guidelines for R-10 and R-14: Mailboxes shall be located so that they are easily accessible to residents. They shall also be architecturally compatible with the homes. R-10 and R-14 All of the following are required: 1.Mailboxes shall be clustered and located so as to serve the needs of USPS while not adversely affecting the privacy of residents; and 2.Mailboxes shall be lockable consistent with USPS standard; and 3.Mailboxes shall be architecturally enhanced with materials and details typical of the home's architecture; and 4.Newspaper boxes shall be of a design that reflects the character of the home. 4-2-110A 2 - 74.3 (Revised 3/14) (Ord. 4869, 10-23-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5306, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5383, 6-2-2008; Ord. 5387, 6-9-2008; Ord. 5401, 7-14-2008; Ord. 5450, 3-2-2009; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5526, 2-1-2010; Ord. 5528, 3-8-2010; Ord. 5529, 3-8-2010; Ord. 5531, 3-8-2010; Ord. 5590, 2-28-2011; Ord. 5649, 12-12-2011; Ord. 5650, 12-12-2011; Ord. 5675, 12-3-2012; Ord. 5702, 12-9-2013) HOT TUBS, POOLS, AND MECHANICAL EQUIPMENT General Guidelines for R-10 and R-14: Hot tubs, pools, and mechanical equipment shall be placed so as to not negatively impact neighbors. R-10 and R-14 Hot tubs and pools shall only be located in back yards and designed to minimize sight and sound impacts to adjoining property. Pool heaters and pumps shall be screened from view and sound insulated. Pool equipment must comply with codes regarding fencing. FENCES AND HEDGES General R-10 and R-14 See RMC 4-4-040 EXCEPTIONS Pre-Existing Legal Lots RC, R-1, R-4, R-8, R-10 and R-14 Nothing herein shall be determined to prohibit the construction of a single family dwelling and its accessory buildings on a pre-existing legal lot; provided, that all setbacks, lot coverage, height limits, infrastructure, and parking requirements of the zone can be satisfied and provisions of RMC 4-3-050, Critical Areas, can be met. RM Nothing herein shall be determined to prohibit the construction of a single family dwelling and its accessory buildings or the existence of a single family dwelling or two attached dwellings, existing as of March 1,1995, on a pre-existing legal lot; provided, that all setback, lot coverage, height limits, infrastructure, and parking requirements for this zone can be satisfied, and provisions of RMC 4-3-050, Critical Areas, and other provisions of the Renton Municipal Code can be met. 4-2-110B (Revised 3/14)2 - 74.4 4-2-110B DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS)5 MAXIMUM NUMBER AND SIZE General RC, R-1, R-4, R-8, R-10, R-14 and RM Accessory structures shall only be allowed on lots in conjunction with a primary use. 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 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) designa- tion8,9 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 dwelling. Animal husbandry or agricultural related structures – 30 ft. R-10 and R-14 Accessory building – 15 ft. Accessory dwelling unit – 30 ft. RM 25 ft., except in the RM-U District where the maximum height shall be determined through the site plan review process. 4-2-110B 2 - 74.5 (Revised 3/13) Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas) RC, R-1, R-4, R-8, R-10, R-14, and RM See RMC 4-4-140G, Standards for Specific Types of Wireless Facilities. Freestanding vertical monopole amateur radio antennas are allowed a maximum height of forty five feet (45') without a conditional use permit. Larger structures will have maximum height determined via the conditional use permit process, RMC 4-9-030, Conditional Use Permits, as it exists or may be amended. LOCATION General RC, R-1, R- 4, R-8 and R-10 n/a R-14 Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard and set back from the front of the primary structure by a minimum of 6 feet. RM “U” Suffix: Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard. MINIMUM SETBACKS General RC, R-1, R-4, R-8, R-10, R-14 and RM 6 ft. from any residential structure. If sited closer than 6 ft., the structure will be considered to be attached. Side Yards for Accessory Buildings RC and R-1 5 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R-4, R-8, R- 10, R-14 and RM 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Side Yards for Accessory Dwelling Units RC 25 ft., except when along a street, then 30 ft. R-1 25 ft., except when along a street, then 20 ft. R-4 5 ft. R-8 5 ft., except when along a street, then 15 ft.; or when part of an attached garage that accesses from the side yard along a street, then 20 ft. R-10 and R-14 4 ft., except when located on a corner lot then 8 ft., with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. RM n/a 4-2-110B (Revised 3/13)2 - 74.6 Rear Yards for Accessory Buildings RC 5 ft. R-1, R-4, R-8, R-10, R-14 and RM 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. Except for garages, in order to ensure that there is adequate vehicular turning radius, garages on alleys shall be located as follows: 1.9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2.16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Rear Yards for Accessory Dwelling Units RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. R-1 and R-4 Determined through administrative review, to be no less than 10 ft. and no greater than 25 ft. R-8 Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. R-10 and R-14 Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. RM n/a Front Yard/Side Yard Along Streets RC, R-1, R-4, R-8, R-10, R-14 and RM Accessory structures are not permitted within required front yards or side yards along streets. Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-1, R-4, R-8, R-10, and R-14 Agricultural related structures – 50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4-4-010. RM n/a Clear Vision Area RC, R-1, R-4, R-8, R-10, R-14 and RM In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. PARKING General RC, R-1, R-4 and R-8 Garages and carports must provide a minimum of 24 ft. of back-out room, either on site or counting improved alley surface or other improved right-of-way surface. See RMC 4-4-080. R-10 and R-14 Garages shall be set back a minimum of 10 ft. from the front of the building facade or 7 ft. from the back of a porch or stoop. Garages shall have a minimum 18-foot driveway length from the face of the garage to the back of the sidewalk or access lane, unless accessed by an alleyway. 4-2-110B 2 - 74.7 (Revised 3/13) (Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5450, 3-2-2009; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5590, 2-28-2011; Ord. 5675, 12-3-2012) CRITICAL AREAS General RC, R-1, R-4, R-8, R-10, and R-14 See RMC 4-3-050 and 4-3-090. (Revised 3/13)2 - 74.8 This page left intentionally blank. 4-2-110C 2 - 75 (Revised 4/11) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . 4- 2 - 1 1 0 C DE V E L O P M E N T S T A N D A R D S F O R R E S I D E N T I A L M A N U F A C T U R E D H O M E P A R K Z O N I N G D E S I G N A T I O N NE W P A R K De v e l o p m e n t o r R e d e v e l o p m e n t IN D I V I D U A L M A N U F A C T U R E D HO M E S P A C E S Pr i m a r y a n d A t t a c h e d A c c e s s o r y St r u c t u r e s DE T A C H E D A C C E S S O R Y ST R U C T U R E S 5 PA R K A R E A A N D D E N S I T Y 1 ( N e t D e n s i t y i n D w e l l i n g U n i t s P e r N e t A c r e ) Mi n i m u m P a r k S i t e A r e a 2 n e t a c r e s . 2 NA N A Mi n i m u m H o u s i n g D e n s i t y 5 u n i t s p e r n e t a c r e . 2 NA N A Ma x i m u m H o u s i n g D e n s i t y 10 u n i t s p e r n e t a c r e . 2 NA N A NU M B E R O F R E S I D E N T I A L S T R U C T U R E S Ma x i m u m N u m b e r Th e o n l y p e r m a n e n t d w e l l i n g a l l o w e d on t h e m o b i l e h o m e p a r k s h a l l b e t h e si n g l e f a m i l y d w e l l i n g o f t h e o w n e r o r ma n a g e r . No m o r e t h a n 1 p r i m a r y r e s i d e n t i a l d w e l l i n g is a l l o w e d o n e a c h a p p r o v e d m a n u f a c t u r e d ho m e s p a c e . On p a r c e l s a t l e a s t 3 , 0 0 0 s q . f t . i n si z e , o n l y 1 d e t a c h e d b u i l d i n g o r st r u c t u r e i s a l l o w e d ; p r o v i d e d , t h e lo t c o v e r a g e r e q u i r e m e n t i s n o t ex c e e d e d . LO T D I M E N S I O N S Mi n i m u m “ L o t ” S i z e f o r l o t s c r e a t e d a f t e r J u l y 1 1 , 1 9 9 3 3, 0 0 0 s q . f t . 3 , 0 0 0 s q . f t . 3 , 0 0 0 s q . f t . Mi n i m u m “ L o t ” W i d t h f o r l o t s c r e a t e d a f t e r J u l y 1 1 , 1 9 9 3 40 f t . f o r i n t e r i o r l o t s . 50 f t . f o r c o r n e r l o t s . NA N A Mi n i m u m “ L o t ” D e p t h f o r l o t s c r e a t e d a f t e r J u l y 1 1 , 1 9 9 3 75 f t . N A N A Ge n e r a l D e s i g n Ea c h l o t s h a l l b e l a i d o u t s o a s t o o p t i - mi z e v i e w , p r i v a c y a n d o t h e r a m e n i - ti e s . E a c h l o t s h a l l b e c l e a r l y d e f i n e d . It s h a l l b e i l l e g a l t o a l l o w o r p e r m i t a n y mo b i l e h o m e t o r e m a i n i n t h e m o b i l e h o m e pa r k u n l e s s a p r o p e r s p a c e i s a v a i l a b l e f o r i t . NA SE T B A C K S 4 Mi n i m u m F r o n t Y a r d NA 1 0 f t . 1 0 f t . Mi n i m u m S i d e Y a r d A l o n g a St r e e t NA 1 0 f t . 1 0 f t . 4-2-110C (Revised 4/11)2 - 76 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . SE T B A C K S 4 (C o n t i n u e d ) Mi n i m u m S i d e Y a r d NA 5 f t . f o r i n t e r i o r l o t s . 5 f t . f o r i n t e r i o r l o t s p r o v i d e d , t h a t ga r a g e s a n d c a r p o r t s s h a l l b e s e t ba c k f r o m t h e p r o p e r t y “ l i n e ” a s u f f i - ci e n t d i s t a n c e t o p r o v i d e a m i n i m u m of 2 4 f t . o f b a c k o u t r o o m e i t h e r o n - si t e o r c o u n t i n g t h e a c c e s s w a y . Mi n i m u m R e a r Y a r d NA 5 f t . 5 f t . p r o v i d e d , t h a t g a r a g e s a n d c a r - po r t s s h a l l b e s e t b a c k f r o m t h e pr o p e r t y l i n e a s u f f i c i e n t d i s t a n c e t o pr o v i d e a m i n i m u m o f 2 4 f t . o f b a c k - ou t r o o m e i t h e r o n - s i t e o r c o u n t i n g th e a c c e s s w a y . Mi n i m u m F r e e w a y F r o n t a g e Se t b a c k 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e st r e e t p r o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e s t r e e t pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e st r e e t p r o p e r t y l i n e . Se t b a c k s f o r M o b i l e H o m e Pa r k s C o n s t r u c t e d B e f o r e 8- 1 - 2 0 1 0 NA Ya r d a b u t t i n g a p u b l i c s t r e e t : 2 0 f t . An y y a r d a b u t t i n g a n e x t e r i o r p r o p e r t y bo u n d a r y o f t h e m o b i l e h o m e p a r k : 5 f t . Mi n i m u m d i s t a n c e b e t w e e n m o b i l e ho m e s : 1 5 f t . Mi n i m u m d i s t a n c e b e t w e e n c a n o p y a n d mo b i l e h o m e o n a n a b u t t i n g l o t : 5 f t . Se t b a c k s f r o m a l l o t h e r “ l o t l i n e s ” : 0 f t . (s e e R M C 4 - 2 - 1 1 0 E ) Ya r d a b u t t i n g a p u b l i c s t r e e t : 20 f t . An y y a r d a b u t t i n g a n e x t e r i o r pr o p e r t y b o u n d a r y o f t h e m o b i l e ho m e p a r k : 5 f t . Mi n i m u m d i s t a n c e b e t w e e n s t r u c - tu r e a n d m o b i l e h o m e o n a n a b u t - ti n g l o t : 5 f t . Se t b a c k s f r o m a l l o t h e r “ l o t li n e s ” : 0 f t . Se t b a c k s f o r O t h e r U s e s To b e d e t e r m i n e d t h r o u g h t h e l a n d us e r e v i e w p r o c e s s . NA N A DE V E L O P M E N T S T A N D A R D S F O R R E S I D E N T I A L M A N U F A C T U R E D H O M E P A R K Z O N I N G D E S I G N A T I O N NE W P A R K De v e l o p m e n t o r R e d e v e l o p m e n t IN D I V I D U A L M A N U F A C T U R E D HO M E S P A C E S Pr i m a r y a n d A t t a c h e d A c c e s s o r y St r u c t u r e s DE T A C H E D A C C E S S O R Y ST R U C T U R E S 5 4-2-110C 2 - 77 (Revised 3/13) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . SE T B A C K S 4 (C o n t i n u e d ) Cl e a r V i s i o n A r e a In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . i n he i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r v i s i o n ar e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 in . i n h e i g h t i n t r u de i n t o t h e 2 0 f t . cl e a r v i s i o n a r e a d e f i n e d i n R M C 4- 1 1 - 0 3 0 . PR I V A T E S T R E E T I M P R O V E M E N T S On - S i t e P r i v a t e S t r e e t s , Cu r b s a n d S i d e w a l k s As p h a l t i c o r c o n c r e t e s t r e e t s a n d c o n - cr e t e c u r b i n g s s h a l l b e p r o v i d e d t o ea c h l o t . T h e m i n i m u m w i d t h o f s t r e e t s sh a l l b e 3 0 f t . C o n c r e t e s i d e w a l k s o f a t le a s t 5 f t . i n w i d t h s h a l l b e p l a c e d al o n g a t l e a s t 1 s i d e o f e a c h s t r e e t o r lo c a t e d i n t h e b a c k o r s i d e o f e a c h l o t so t h a t t h e r e i s s i d e w a l k a c c e s s t o a l l lo t s . NA N A Il l u m i n a t i o n : A s t r e e t l i g h t i n g p l a n sh a l l b e a p p r o v e d i f i t p r o v i d e s s u f f i - ci e n t i l l u m i n a t i o n b e t w e e n s u n s e t a n d su n r i s e t o i l l u m i n a t e a d e q u a t e l y t h e ro a d w a y s a n d w a l k w a y s w i t h i n a mo b i l e h o m e p a r k . NA N A BU I L D I N G S T A N D A R D S Ma x i m u m B u i l d i n g H e i g h t an d M a x i m u m N u m b e r o f St o r i e s 30 f t . 3 0 f t . 1 5 f t . Ma x i m u m H e i g h t f o r Wi r e l e s s C o m m u n i c a t i o n Fa c i l i t i e s Se e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . DE V E L O P M E N T S T A N D A R D S F O R R E S I D E N T I A L M A N U F A CT U R E D H O M E P A R K Z O N I N G D E S I G N A T I O N NE W P A R K De v e l o p m e n t o r R e d e v e l o p m e n t IN D I V I D U A L M A N U F A C T U R E D HO M E S P A C E S Pr i m a r y a n d A t t a c h e d A c c e s s o r y St r u c t u r e s DE T A C H E D A C C E S S O R Y ST R U C T U R E S 5 4-2-110C (Revised 3/13)2 - 78 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . BU I L D I N G S T A N D A R D S ( C o n t i n u e d ) Ma x i m u m B u i l d i n g C o v e r a g e (I n c l u d i n g t h e p r i m a r y m a n u - fa c t u r e d h o m e a n d a l l en c l o s e d a c c e s s o r y s t r u c - tu r e s a n d r e q u i r e d d e c k o r pa t i o ) NA 6 0 % . T h e b u i l d i n g c o v e r a g e o f t h e p r i - ma r y r e s i d e n t i a l s t r u c t u r e a l o n g w i t h al l a c c e s s o r y b u i l d in g s s h a l l n o t ex c e e d t h e m a x i m u m b u i l d i n g c o v - er a g e o f t h i s Z o n i n g D i s t r i c t . LA N D S C A P I N G Ge n e r a l Se e R M C 4 - 4 - 0 7 0 . S e e R M C 4 - 4 - 0 7 0 . N A RE C R E A T I O N A R E A Ge n e r a l A m i n i m u m o f 1 0 % o f t h e t o t a l a r e a o f th e p a r k s h a l l b e r e s e r v e d a n d s h a l l b e us e d s o l e l y a n d e x c l u s i v e l y f o r a p l a y - gr o u n d - r e c r e a t i o n a r e a . NA N A PA R K I N G Mi n i m u m R e q u i r e m e n t s Se e R M C 4 - 4 - 0 8 0 . Ea c h m o b i l e h o m e l o t sh a l l h a v e a m i n i m u m of 2 o f f - s t r e e t a u t o m o b i l e p a r k i n g s p a c e s . At t a c h e d a n d d e t a c h e d g a r a g e s a n d c a r - po r t s s h a l l b e s e t b a c k f r o m t h e p r o p e r t y “l i n e ” a s u f f i c i e n t d i s t a n c e t o p r o v i d e a m i n i - mu m o f 2 4 f t . o f b a c k o u t r o o m e i t h e r o n - s i t e or c o u n t i n g t h e a c c e s s w a y . Ea c h m o b i l e h o m e l o t s h a l l h a v e a mi n i m u m o f 2 o f f - s t r e e t a u t o m o b i l e pa r k i n g s p a c e s . At t a c h e d a n d d e t a c h e d g a r a g e s a n d ca r p o r t s s h a l l b e s e t b a c k f r o m t h e pr o p e r t y “ l i n e ” a s u f f i c i e n t d i s t a n c e to p r o v i d e a m i n i m u m o f 2 4 f t . o f ba c k o u t r o o m e i t h e r o n - s i t e o r co u n t i n g t h e a c c e s s w a y . DE V E L O P M E N T S T A N D A R D S F O R R E S I D E N T I A L M A N U F A CT U R E D H O M E P A R K Z O N I N G D E S I G N A T I O N NE W P A R K De v e l o p m e n t o r R e d e v e l o p m e n t IN D I V I D U A L M A N U F A C T U R E D HO M E S P A C E S Pr i m a r y a n d A t t a c h e d A c c e s s o r y St r u c t u r e s DE T A C H E D A C C E S S O R Y ST R U C T U R E S 5 4-2-110C 2 - 79 (Revised 3/13) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . (O r d . 3 9 0 2 , 4 - 2 2 - 1 9 8 5 ; O r d . 4 4 0 4 , 6 - 7 - 1 9 9 3 ; A m d. O r d . 4 9 6 3 , 5 - 1 3 - 2 0 0 2 ; O r d . 5 4 5 0 , 3 - 2 - 2 0 0 9 ; O r d . 5 5 2 8 , 3 - 8 - 2 0 1 0 ; O r d . 5 5 7 5 , 1 1 - 15 - 2 0 1 0 ; O r d . 5 6 7 6 , 12 - 3 - 2 0 1 2 ) PA T I O O R D E C K Ge n e r a l NA A c o n c r e t e p a t i o o r d e c k o f n o t l e s s t h a n 1 2 5 sq . f t . w i t h a m i n i m u m w i d t h o f 8 f t . s h a l l b e pr o v i d e d f o r e a c h m o b i l e h o m e p a r k l o t c r e - at e d a f t e r t h e e f f e c t i v e d a t e o f t h i s S e c t i o n (9 - 1 9 - 1 9 8 3 ) . T h e s e st r u c t u r e s w i l l b e co u n t e d t o w a r d t h e m a x i m u m l o t c o v e r a g e . A c o n c r e t e p a t i o o r d e c k o f n o t l e s s th a n 1 2 5 s q . f t . w i t h a m i n i m u m wi d t h o f 8 f t . s h a l l b e p r o v i d e d f o r ea c h m o b i l e h o m e p a r k l o t c r e a t e d af t e r t h e e f f e c t i v e d a t e o f t h i s S e c - ti o n ( 9 - 1 9 - 1 9 8 3 ) . T h e s e s t r u c t u r e s wi l l b e c o u n t e d t o w a r d t h e m a x i m u m lo t c o v e r a g e . SI G N S Ge n e r a l Se e R M C 4 - 4 - 1 0 0 . N A N A EX C E P T I O N S Pr e - E x i s t i n g “ L o t s ” NA No t h i n g h e r e i n s h a l l be d e t e r m i n e d t o p r o - hi b i t t h e c o n s t r u c t i o n o f s i n g l e f a m i l y d w e l l - in g o r m a n u f a c t u r e d h o m e a n d i t s a c c e s s o r y bu i l d i n g o n a p r e v i o u s l y a p p r o v e d m a n u f a c - tu r e d h o m e “ l o t ” p r o v i d e d t h a t a l l s e t b a c k , l o t co v e r a g e , h e i g h t l i m i t s , i n f r a s t r u c t u r e , a n d pa r k i n g r e q u i r e m e n t s f o r t h i s z o n e c a n b e sa t i s f i e d a n d p r o v i s i o n s o f R M C 4 - 3 - 0 5 0 , Cr i t i c a l A r e a s , c a n b e m e t . No t h i n g h e r e i n s h a l l b e d e t e r m i n e d to p r o h i b i t t h e c o n s t r u c t i o n o f s i n g l e fa m i l y d w e l l i n g o r m a n u f a c t u r e d ho m e a n d i t s a c c e s s o r y b u i l d i n g o n a p r e v i o u s l y a p p r o v e d m a n u f a c - tu r e d h o m e “ l o t ” p r o v i d e d t h a t a l l se t b a c k , l o t c o v e r ag e , h e i g h t l i m i t s , in f r a s t r u c t u r e , a n d p a r k i n g r e q u i r e - me n t s f o r t h i s z o n e c a n b e s a t i s f i e d an d p r o v i s i o n s o f R M C 4 - 3 - 0 5 0 , Cr i t i c a l A r e a s , c a n b e m e t . CR I T I C A L A R E A S Ge n e r a l Se e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R R E S I D E N T I A L M A N U F A CT U R E D H O M E P A R K Z O N I N G D E S I G N A T I O N NE W P A R K De v e l o p m e n t o r R e d e v e l o p m e n t IN D I V I D U A L M A N U F A C T U R E D HO M E S P A C E S Pr i m a r y a n d A t t a c h e d A c c e s s o r y St r u c t u r e s DE T A C H E D A C C E S S O R Y ST R U C T U R E S 5 4-2-110D (Revised 3/13)2 - 80 4-2-110D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL ZONING DESIGNATIONS 1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not pre- clude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum den- sity requirements through future development. Within the Urban Cen- ter, surface parking may be consid- ered a land reserve. b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density require- ments may be waived. 2. Use-related provisions are not variable. Use-related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 3. Within designated urban separators, clus- tering is required; individual lots shall not be less than ten thousand (10,000) square feet and development shall be consistent with RMC 4-3-110, Urban Separator Over- lay Regulations. Outside of designated urban separators, clustering may be allowed in order to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. The maximum net density shall not be exceeded; except within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre. In order for the bonus to be allowed, projects must provide native vegetation cover (either existing or new) on sixty five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor. In addition, projects shall provide at least one of the following: a. Enhancement of wetlands at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban sepa- rator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement pro- posed for a density bonus may not also be used for a mitigation for other wetland alterations; or b. The removal of and/or bringing into conformance with Renton standards of legal nonconforming uses from the site; or c. Natural surface pedestrian trails with public access. The trails can be part of an adopted trail system or, where there is no planned trail system, of a configuration approved by the Com- munity and Economic Development Administrator. In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be provided and approved by the Community and Economic Develop- ment Administrator. 4. Allowed Projections into Setbacks: a.Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any set- back; provided, such projections are: (i) Limited to two (2) per facade. (ii) Not wider than ten feet (10'). b. Fences, Rockeries, and Retaining Walls: Fences, rockeries, and retain- ing walls with a height of forty eight inches (48") or less may be con- structed within any required setback; provided, that they are located outside 4-2-110D 2 - 81 (Revised 3/13) of the twenty-foot (20') clear vision area specified in RMC 4-11-030, defi- nition of “clear vision area.” c.Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d.Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. e.Porches and Stoops: May project into front setbacks up to eight feet (8') and into side setbacks along a street up to five feet (5'). 5. In order to be considered detached, a structure must be sited a minimum of six feet (6') from any residential structure. 6. A front yard setback of less than typically allowed is permitted if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum set- back of less than twenty feet (20') be allowed for garages which access from the front yard street(s). 7. For assisted living developments meeting the conditions of RMC 4-9-065, Density Bonus Review, there is no maximum num- ber of dwelling units per lot. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Admin- istration Airport Zones designated under RMC 4-3-020. 9. Public facilities are allowed the following height bonus: a. Water towers/reservoirs are permit- ted up to a maximum height of one hundred seventy five feet (175') to the highest point of the reservoir. b. Water treatment facilities and pump stations are allowed up to fifty feet (50') subject to site plan development review. The setback standards may be modified to increase setbacks as part of the site plan development review approval. c. Public utility facilities exceeding fifty feet (50') in height shall be treated with public art consistent with RMC 4-9-160. Such public art shall be eligi- ble for one percent (1%) for art fund- ing and shall be reviewed by the Renton Municipal Arts Commission. d. Structures on Public Suffix (P) proper- ties are permitted an additional fifteen feet (15') in height above that other- wise permitted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a publicly owned structure may be increased as follows: i. When abutting a public street, one additional foot of height for each additional one and one-half feet (1-1/2') of perim- eter building setback beyond the minimum street setback required; or ii. When abutting a common property line, one additional foot (1') of height for each additional two feet (2') of perimeter building setback beyond the minimum required along a common property line. 10. Small lot clusters of up to a maximum of fifty (50) lots shall be allowed within the R-4 zone, when at least thirty percent (30%) of the site is permanently set aside as “significant open space.” Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The percentage of open space required may be reduced to twenty percent (20%) of the site when: a. Public access is provided to open space; and b. Soft surface trails are provided within wetland buffers; and c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow pas- sive and/or active recreation. 4-2-110D (Revised 3/13)2 - 82 All portions of a site that are not dedicated to platted single family lots or a dedicated right-of-way shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. The tract may also be used as a receiving area for tree replacement requirements in accordance with RMC 4-4-130H. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, they shall be replaced in accordance with RMC 4-4-130H. 11. Approval for lot size, width, and depth reductions may be approved when, due to lot configuration or access, four (4) dwell- ing units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the follow- ing minimum dimensions: Lot size – seven thousand two hundred (7,200) sq. ft. Lot width – sixty feet (60'). Lot depth – seventy feet (70'). 12. When lot size is reduced for the purpose of achieving maximum density, reduced set- backs may also be approved. Setback reductions shall be limited to the following: Front – twenty feet (20'). Side yard along a street – fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. 13. Reserved. 14. For plats that create lots of a size large enough to allow future division under cur- rent lot size minimums and allow the potential to exceed current density maxi- mums, covenants shall be filed as part of the final plat requiring that future division of those lots in question must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division, as well as the general lot size and dimension minimums then in effect. 15. Accessory dwelling units shall not be included in density calculations. 16. The square foot calculation shall not include porches, exterior stairs, or garages. 17. The lot coverage of accessory dwelling units shall not be calculated towards maxi- mum building/lot coverage. 18. Front and rear setbacks in the RM-U Zone may be reduced to zero feet (0') during the site development plan review process pro- vided the applicant demonstrates that the project will provide a compensatory ame- nity such as an entryway courtyard, private balconies or enhanced landscaping. 19. If the structure located in the RM-U Zone exceeds forty feet (40') in height, a fifteen foot (15') front setback from the property line shall be required of all portions of the structure which exceed forty feet (40'). This requirement may be modified during the site development plan review process to a uniform five foot (5') front setback for the entire structure; provided, that the structure provides a textured or varied facade (e.g., multiple setbacks, brickwork and/or ornamentation) and consideration of the pedestrian environment (e.g., extra sidewalk width, canopies, enhanced land- scaping). 20. In the ‘F’ District, an additional ten feet (10') height for a residential dwelling struc- ture may be obtained through the provision of additional amenities such as pitched roofs, additional recreation facilities, underground parking, and additional land- scaped open space areas; as determined through the site development plan review process and depending on the compatibil- ity of the proposed buildings with adjacent or abutting existing residential develop- ment. In no case shall the height of a resi- dential structure exceed forty five feet (45'). 4-2-110D 2 - 82.1 (Revised 3/13) 21. The Community and Economic Develop- ment Administrator or designee may mod- ify this provision through the site development plan review process where it is determined that specific portions of the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an open- ing directly to a public entrance. 22. Provided that, in those cases where the subject yard abuts common open space, this setback is reduced to four feet (4'). 23. Setbacks shall be measured consistent with the “yard requirement” in chapter 4-11 RMC, except in the case of “shadow lots,” setbacks shall be measured from the “shadow lot lines” in the same manner as a conventionally subdivided lot. 24. For self storage uses, rear and side yard setbacks shall comply with the Commer- cial Arterial Zone (CA) development regu- lations in RMC 4-2-120A, Development Standards for Commercial Zoning Desig- nations. 25. Reserved. 26. Density bonus may allow up to one hun- dred (100) dwelling units per acre within the RM-U Zone located within the Urban Center Design Overlay and north of South 2nd Street pursuant to requirements in the RMC 4-9-065. 27. See RMC 4-3-100, Urban Design Regula- tions. 28. For lots created after November 10, 2004. 29. The density bonus may allow up to twenty five (25) dwelling units per acre within the RM-F Zone pursuant to requirements in RMC 4-9-065. 30. Minimum density requirements shall not apply to the renovation or conversion of an existing structure. Additionally, in the R-l zone only, minimum density requirements shall not apply to the subdivision or devel- opment of a legal lot one-half (1/2) gross acre or less in size as of March 1, 1995. 31. In order to meet the variation requirements of RMC 4-2-115, lot dimensions and set- backs are allowed to be decreased and/or increased; provided, that when averaged the applicable lot standards of the zone are met. (Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5306, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5383, 6-2-2008; Ord. 5473, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5528, 3-8-2010; Ord. 5531, 3-8-2010; Ord. 5573, 11-15-2010; Ord. 5590, 2-28-2011; Ord. 5650, 12-12-2011; Ord. 5676, 12-3-2012) (Revised 3/13)2 - 82.2 This page left intentionally blank. 4-2-110E Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . 2 - 83 (Revised 6/09) 4-2-110E ILLUSTRATIONS: 4-2-110E (Revised 6/09)2 - 84 Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . 4-2-110E Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . 2 - 85 (Revised 3/10) 4-2-110E (Revised 3/10)2 - 86 Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . 4-2-110E Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . 2 - 87 (Revised 4/11) 4-2-110E (Revised 4/11)2 - 88 Ex c e p t i o n s a n d a d d i t i o n a l s t a n d a r d s a r e l o c a t e d i n R M C 4 - 2 - 0 8 0 . (Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5450, 3-2-2009; Ord. 5518, 12-14-2009; Ord. 5575, 11-15-2010) 4-2-115B 2 - 89 (Revised 3/13) 4-2-110F (Deleted by Ord. 5518, 12-14-2009) 4-2-110G(Deleted by Ord. 5518, 12-14-2009) 4-2-110H (Deleted by Ord. 5518, 12-14-2009) 4-2-110I (Deleted by Ord. 5518, 12-14-2009) 4-2-115 RESIDENTIAL DESIGN AND OPEN SPACE STANDARDS: A. PURPOSE: 1. These Residential Design and Open Space Standards are conceived to implement policies established in the Land Use and Community Design Elements of the Renton Comprehensive Plan, enhance quality of life by encouraging new residential development to produce beautiful neighborhoods of well designed homes, and to mitigate the impacts of density for the neighborhood and the sur- rounding community. These standards are di- vided into three areas: a. Site Design: Quality neighborhoods are characterized by well landscaped, safe, pedestrian oriented streets fronted by a variety of housing types. These qualities are enhanced by lots in a variety of sizes and widths and by homes which vary in scale and massing, each with a prominent entry and generous fenestra- tion facing the street. Garages, while a necessity to today’s lifestyles, should not visually dominate the streetscape. b. Open Space: In order to provide res- idents with a livable community, private and public open space shall be provided. Public open spaces shall be located so that a hierarchy and/or variety of open spaces throughout the neighborhood is created. c. Residential Design: Key character- istics of attractive neighborhoods include variety of housing architectural styles, enhanced by attention to selection of ex- terior materials, colors, and architectural detailing. 2. This Section lists elements that are re- quired to be included in all residential devel- opment in the zones stated in subsection B of this Section. Each element includes both standards, as well as guidelines. In order to provide predictability, standards are provided. These standards specify a prescriptive man- ner in which the requirement can be met. In order to provide flexibility, guidelines are also stated for each element. These guidelines provide direction for those who seek to meet the required element in a manner that is dif- ferent from the standards. a. The determination as to the satisfac- tion of the requirement through the use of the guidelines is to be made by the Com- munity and Economic Development Ad- ministrator when no other permit or approval requires Hearing Examiner re- view. b. When it has been determined that the proposed manner of meeting the de- sign requirement through guidelines is sufficient, the applicant shall have satis- fied that design requirement. (Ord. 5676, 12-3-2012) B. APPLICABILITY: 1. This Section shall apply to all new dwell- ing units in the following zones: Resource Conservation (RC), Residential One Dwelling Unit per Acre (R-1), Residential Four Dwell- ing Units per Acre (R-4), Residential Eight Dwelling Units per Acre (R-8), Residential Ten Dwelling Units per Acre (R-10), and Res- idential Fourteen Dwelling Units per Acre (R- 14). The standards of the Site Design sub- section are required at the time of subdivision application. The standards of Residential De- sign subsection are required at the time of ap- plication 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 4-2-115C (Revised 3/13)2 - 90 assessment or appraisal shall require that the entire dwelling or structure comply with the standards of the Residential Design subsec- tion. 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 sub- division or other means, any existing dwelling units included in the development shall com- ply with the standards of this Section. (Ord. 5649, 12-12-2011; Ord. 5675, 12-3-2012) C. EXEMPTIONS: The design regulations shall not apply to interior remodels of existing buildings or structures pro- vided the alterations do not modify the building fa- cade. D. CONFLICTS: Where there are conflicts between the design regulations of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. E. ADMINISTRATION: 1. Review Process: Applications subject to these design regulations shall be processed as a component of the governing land use process. 2. Authority: The Administrator shall have the authority to approve, approve with condi- tions, or deny proposals based upon the pro- visions of these design regulations when no other permit or approval requires Hearing Ex- aminer review. Proposals will be considered on the basis of individual merit, the overall in- tent of the standards and guidelines, and cre- ative design alternatives will be encouraged in order to achieve the purposes of the design regulations. (Ord. 5676, 12-3-2012) F. REQUIREMENTS: 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. R-10 and R-14 Developments of more than 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 yards abut other side yards (or right-of-way) and do not abut front or back yards. Lots accessed by easements or pipestems shall be prohibited. 4-2-115F 2 - 90.1 (Revised 3/13) (Ord. 5675, 12-3-2012) GARAGES: The minimization of the visual impact of garages contributes to creating communities that are oriented to people and pedestrians, as opposed to automobiles. Guidelines: The visual impact of garages shall be minimized, while porches and front doors shall be the emphasis of the front of the home. Garages shall be located in a manner that minimizes the presence of the garage and shall not be located at the end of view corridors. Alleyway access is encouraged. If used, shared garages shall be within an acceptable walking distance to the housing unit it is intended to serve. Standards: RC and R-1 n/a R-4 and R-8 One of the following is required; the garage is: 1. Recessed from the front of the house and/or front porch at least eight feet (8'), or 2. Located so that the roof extends at least five feet (5') (not including eaves) beyond the front of the garage for at least the width of the garage plus the porch/stoop area, or 3. Alley accessed, or 4. Located so that the entry does not face a public and/or private street or an access easement, or 5. Sized so that it represents no greater than fifty percent (50%) of the width of the front facade at ground level, or 6. Detached. The portion of the garage wider than twenty six-feet (26') across the front shall be set back at least two feet (2'). R-10 and R-14 Garages may be attached or detached. Shared garages are also allowed, provided the regulations of RMC 4-4-080 are met. Carports are not allowed. One of the following is required; the garage must be: 1. Recessed from the front of the house and/or front porch at least eight feet (8'), or 2. Detached. Additionally, all of the following is required: 1. Garage design shall be of similar design to the homes, and 2. A minimum eighteen feet (18') driveway length from the face of the garage to the back of the sidewalk or access easement/lane is required, unless accessed by an alley, and 3. If sides of the garage are visible from streets, lanes, sidewalks, pathways, trails, or other homes, architectural details shall be incorporated in the design. If shared garages are allowed, they may share the structure with other homes and all of the following is required: 1. Each unit has garage space assigned to it, and 2. The garage is not to be located further than one hundred sixty feet (160') from any of the housing units to which it is assigned, and 3. The garage shall not exceed forty-four feet (44') in width, and shall maintain an eight foot (8') separation from any dwellings. (Revised 3/13)2 - 90.2 This page left intentionally blank. 4-2-115F 2 - 91 (Revised 3/13) 2. Open Space: OPEN SPACE: Open space is a significant element in the development of livable communities and creates opportunities for good health. Guidelines: All open space shall be designed to preserve existing trees. Except for Native Growth Protection Areas, all common open space areas shall be designed to accommodate both active and passive recreational opportunities and be visible and open to the street. Pocket parks shall be designed to serve four (4) to ten (10) homes. Private yards are located at the rear or side of homes and can include trees, planting beds, and privacy fences. Reciprocal use easements can provide greater usability of private yards. Landscaping: R-10 and R-14 See RMC 4-4-070, as it exists or may 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 com- mon 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. 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 develop- ment and accessible to all dwellings, 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 indi- vidual 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 de- signed to accommodate a fifty (50) year storm and to be dry ninety percent (90%) of the year. 4-2-115F (Revised 3/13)2 - 92 (Ord. 5591, 2-28-2011; Ord. 5649, 12-12-2011; Ord. 5675, 12-3-2012) Standards for Private Yards: R-10 and R-14 Developments of three (3) or fewer dwelling units: Each individual dwelling shall have a private yard 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 dwelling units: Each ground-related dwelling shall have a private yard that is at least two hundred fifty (250) square feet in size with no di- mension 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 ground related. Common Open Space or Park Substitutions: R-10 and R-14 See RMC 4-1-240. 4-2-115F 2 - 92.1 (Revised 4/12) 3. Residential Design: PRIMARY ENTRY: Homes with a visually prominent front entry foster the sense that the community is oriented to pedestrians. Features like porches and stoops at the front entry provide opportunity for social interaction and can contribute to a sense of place for residents. Additionally, porches work to minimize the appearance of bulk by breaking up the facade. Guidelines: Entrances to homes shall be a focal point and allow space for social interaction. Front doors shall face the street and be on the facade closest to the street. When a home is located on a corner lot (i.e., at the intersection of two roads or the intersection of a road and a common space) a feature like a wrapped porch shall be used to reduce the perceived scale of the house and engage the street or open space on both sides. Standards: RC and R-1 n/a R-4 and R-8 One of the following is required: 1. Stoop: minimum size four feet by six feet (4' x 6') and minimum height twelve inches (12") above grade, or 2. Porch: minimum size five feet (5') deep and minimum height twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. R-10 and R-14 Both of the following are required: 1. The entry shall take access from and face a street, park, common green, pocket park, pedestrian easement, or open space, and 2. The entry shall include one of the following: a. Stoop: minimum size four feet by six feet (4' x 6') and minimum height twelve inches (12") above grade, or b. Porch: minimum five feet (5') deep and minimum height twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. (Revised 4/12)2 - 92.2 This page left intentionally blank. 4-2-115F 2 - 93 (Revised 3/10) FACADE MODULATION: The modulation of facades creates an appearance of variety, as well as visual breaks that help to create visual interest. Guidelines: Buildings shall not have monotonous facades along public areas. Dwellings shall include articulation along public frontages; the articulation may include the connection of an open porch to the building, a dormer facing the street, or a well-defined entry element. Standards: RC and R-1 n/a R-4 and R-8 One of the following is required: 1. An offset of at least one story that is at least ten feet (10') wide and two feet (2') in depth on facades visible from the street, or 2. At least two feet (2') offset of second story from first story on one street facing fa- cade. R-10 and R-14 Both of the following are required: 1. The primary building elevation oriented toward the street or common green shall have at least one articulation or change in plane of at least two feet (2') in depth; and 2. A minimum one side articulation that measures at least one foot (1') in depth shall occur for all facades facing streets or public spaces. WINDOWS AND DOORS: Windows and front doors are an integral part of the architectural charac- ter of a home and when they incorporate architectural elements of the home, they contribute to the overall balance and integration of the building form. Additionally, when they represent a significant amount of the facade of a home, they amplify the sense that the community is oriented to people. Guidelines: Windows and front doors shall serve as an integral part of the character of the home. Primary windows shall be proportioned vertically rather than horizontally. Vertical windows may be combined together to create a larger window area. Front doors shall be a focal point of the dwelling and be in scale with the home. All doors shall be of the same character as the home. Standards: RC and R-1 n/a R-4 and R-8 Windows and doors shall constitute twenty-five percent (25%) of all facades facing street frontage or public spaces. R-10 and R-14 All of the following are required: 1. Primary windows shall be proportioned vertically, rather than horizontally, and 2. Vertical windows may be combined together to create a larger window area, and 3. All doors shall be made of wood, fiberglass, metal, or glass and trimmed with three and one half inches (3 1/2") minimum head and jamb trim around the door, and 4. Screen doors are permitted, and 5. Primary entry doors shall face a street, park, common green, pocket park, or pe- destrian easement and shall be paneled or have inset windows, and 6. Sliding glass doors are not permitted along a frontage elevation or an elevation facing a pedestrian easement. 4-2-115F (Revised 3/10)2 - 94 SCALE, BULK, AND CHARACTER: Residential communities are intended for people and homes that have appropriate scale and bulk contribute to the sense of orientation to people. Variety in the char- acter of homes helps to minimize visual monotony while helping to foster a perception of uniqueness of place. Guidelines: A diverse streetscape shall be provided by using elevations and models that demonstrate a variety of floor plans, home sizes, and character. Neighborhoods shall have a variety of home sizes and character. Standards: RC and R-1 n/a R-4 and R-8 A variety of elevations and models that demonstrate a variety of floor plans, home sizes, and character shall be used. Additionally, both of the following are required: 1. A minimum of three (3) differing home models for each ten (10) contiguous abut- ting homes, and 2. Abutting houses must have differing architectural elevations. R-10 and R-14 All of the following are required: 1. The primary building form shall be the dominating form and elements such as porches, principal dormers, or other significant features shall not dominate, and 2. Primary porch plate heights shall be one story. Stacked porches are allowed, and 3. To differentiate the same models and elevations, different colors shall be used, and 4. For single-family dwellings, no more than two (2) of the same model and elevation shall be built on the same block frontage and the same model and elevation shall not be abutting. ROOFS: Roof forms and profiles are an important component in the architectural character of homes and contribute to the massing, scale, and proportion of the home. Roofs also provide opportunity to create variety, especially for homes of the same model. Guidelines: Roofs shall represent a variety of forms and profiles that add character and relief to the landscape of the neighborhood. The use of bright colors, as well as roofing that is made of material like gravel and/or a reflective material, is discouraged. Standards: RC and R-1 n/a R-4 and R-8 One of the following is required for all development: 1. Hip or gabled with at least a six to twelve (6:12) pitch for the prominent form of the roof (dormers, etc., may have lesser pitch), or 2. Shed roof. Additionally, for subdivisions greater than nine (9) lots: A variety of roof forms appropri- ate to the style of the home shall be used. R-10 and R-14 Both of the following are required: 1. Primary roof pitch shall be a minimum six to twelve (6:12). If a gable roof is used, exit access from a third floor must face a public right of way for emergency access, and 2. A variety of roofing colors shall be used within the development and all roof mate- rial shall be fire retardant. 4-2-115F 2 - 95 (Revised 4/12) EAVES: The design of eaves and overhangs act as unifying elements in the architectural character of a home. When sized adequately and used consistently, they work to create desirable shadows that help to create visual interest especially from blank, unbroken wall planes. Guidelines: Eaves should be detailed and proportioned to complement the architectural style of the home. Standards: RC and R-1 n/a R-4 and R-8 Both of the following are required: 1. Eaves projecting from the roof of the entire building at least twelve inches (12") with horizontal fascia or fascia gutter at least five inches (5") deep on the face of all eaves, and 2. Rakes on gable ends must extend a minimum of two inches (2") from the surface of exterior siding materials. R-10 and R-14 The following is required: Eaves shall be at least twelve inches (12") with horizontal fas- cia or fascia gutter at least five inches (5") deep on the face of all eaves. ARCHITECTURAL DETAILING: Architectural detailing contributes to the visual appeal of a home and the community. It helps to create a desirable human scale and a perception of a quality well designed home. Guidelines: Architectural detail shall be provided that is appropriate to the architectural character of the home. Detailing like trim, columns, and/or corner boards shall reflect the architectural character of the house. Standards: RC and R-1 n/a R-4 and R-8 If one siding material is used on any side of the dwelling that is two stories or greater in height, a horizontal band that measures at least eight inches (8") is required between the first and second story. Additionally, one of the following is required: 1. Three and one half inch (3 1/2") minimum trim surrounds all windows and details all doors, or 2. A combination of shutters and three and one half inches (3 1/2") minimum trim de- tails all windows, and three and one half inches (3 1/2") minimum trim details all doors. R-10 and R-14 All of the following are required: 1. Three and one half inches (3 1/2") minimum trim surrounds all windows and details all doors, and 2. At least one of the following architectural details shall be provided on each home: shutters, knee braces, flower boxes, or columns, and 3. Where siding is used, metal corner clips or corner boards shall be used and shall be at minimum two and one half inches (2 1/2") in width and painted. If shutters are used, they shall be proportioned to the window size to simulate the ability to cover them, and 4. If columns are used, they shall be round, fluted, or strongly related to the home's architectural style. Six inches by six inches (6" x 6") posts may be allowed if cham- fered and/or banded. Exposed four inches by four inches (4" x 4") and six inches by six inches (6" x 6") posts are prohibited. 4-2-115F (Revised 4/12)2 - 96/106 (Ord. 5518, 12-14-2009; Ord. 5649, 12-12-2011) MATERIALS AND COLOR: The use of a variety of materials and color contributes to the sense of diversity of housing stock in the community. Guidelines: A diversity of materials and color shall be used on homes throughout the community. A variety of materials that are appropriate to the architectural character of the neighborhood shall be used. A diverse palette of colors shall be used to reduce monotony of color or tone. Standards: RC and R-1 n/a R-4 and R-8 For subdivisions and short plats, abutting homes shall be of differing color. Color palettes for all new dwellings, coded to the home elevations, shall be submitted for approval. Additionally, one of the following is required: 1. A minimum of two (2) colors is used on the home (body with different color trim is acceptable), or 2. A minimum of two (2) differing siding materials (horizontal siding and shingles, sid- ing and masonry or masonry-like material, etc.) is used on the home. One alterna- tive siding material must comprise a minimum of thirty percent (30%) of the street facing facade. If masonry siding is used, it shall wrap the corners no less than twenty four inches (24"). R-10 and R-14 All of the following are required: 1. Acceptable exterior wall materials are: wood, cement fiberboard, stucco, stone, and standard sized brick three and one half inches by seven and one half inches (3 1/2" x 7 1/2") or three and five eighths inches by seven and five eighths inches (3 5/8" x 7 5/8"). Simulated stone, wood, stone, or brick may be used to detail homes, and 2. When more than one material is used, changes in a vertical wall, such as from wood to brick, shall wrap the corners no less than twenty-four inches (24"). The material change shall occur at an internal corner or a logical transition such as aligning with a window edge or chimney. Material transition shall not occur at an exterior corner, and 3. Multiple colors on buildings shall be provided. Muted deeper tones, as opposed to vibrant primary colors, shall be the dominant colors. Color palettes for all new structures, coded to the home elevations, shall be submitted for approval. 4. Gutters and downspouts shall be integrated into the color scheme of the home and be painted, or of an integral color, to match the trim color. 4-2-120A 2 - 107 (Revised 3/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . 4- 2 - 1 2 0 A DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA LO T D I M E N S I O N S Mi n i m u m L o t S i z e f o r l o t s c r e a t e d a f t e r N o v . 1 0 , 2 0 0 4 5, 0 0 0 s q . f t . 2 5 , 0 0 0 s q . f t . 5 , 0 0 0 s q . f t . Mi n i m u m L o t W i d t h / D e p t h f o r l o t s c r e a t e d a f t e r N o v . 1 0 , 2 0 0 4 No n e N o n e N o n e LO T C O V E R A G E Ma x i m u m L o t C o v e r a g e f o r Bu i l d i n g s 65 % o f t o t a l l o t a r e a o r 7 5 % i f p a r k i n g is p r o v i d e d w i t h i n t h e b u i l d i n g o r w i t h i n an o n - s i t e p a r k i n g g a r a g e . 65 % o f t o t a l l o t a r e a o r 7 5 % i f p a r k i n g is p r o v i d e d w i t h i n t h e b u i l d i n g o r w i t h i n an o n - s i t e p a r k i n g g a r a g e . 65 % o f t o t a l l o t a r e a o r 7 5 % i f p a r k i n g is p r o v i d e d w i t h i n t h e b u i l d i n g o r w i t h i n an o n - s i t e p a r k i n g g a r a g e . DE N S I T Y ( N e t D e n s i t y i n D w e l l i n g U n i t s p e r N e t A c r e ) Mi n i m u m N e t R e s i d e n t i a l De n s i t y 9 No n e 20 d w e l l i n g u n i t s p e r n e t a c r e . 10 d w e l l i n g u n i t s p e r n e t a c r e . Ma x i m u m N e t R e s i d e n t i a l De n s i t y 9 4 d w e l l i n g u n i t s p e r s t r u c t u r e . As s i s t e d l i v i n g b o n u s : 1. 5 t i m e s t h e ma x i m u m d e n s i t y m a y b e a l l o w e d s u b - je c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . 80 d w e l l i n g u n i t s p e r n e t a c r e . As s i s t e d l i v i n g b o n u s : 1. 5 t i m e s t h e ma x i m u m d e n s i t y m a y b e a l l o w e d s u b - je c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . 60 d w e l l i n g u n i t s p e r n e t a c r e . (Revised 3/10)2 - 108 This page left intentionally blank. 4-2-120A 2 - 109 (Revised 6/09) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . SE T B A C K S Mi n i m u m F r o n t Y a r d 18 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . Ma x i m u m F r o n t Y a r d 18 15 f t . 15 15 f t . 15 15 f t . 15 Mi n i m u m S i d e Y a r d A l o n g a St r e e t 18 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . 10 f t . T h e m i n i m u m s e t b a c k m a y b e re d u c e d t o 0 f t . t h r o u g h t h e s i t e p l a n de v e l o p m e n t r e v i e w p r o c e s s , p r o v i d e d bl a n k w a l l s a r e n o t l o c a t e d w i t h i n t h e re d u c e d s e t b a c k . Mi n i m u m F r e e w a y F r o n t a g e Se t b a c k 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . Mi n i m u m R e a r Y a r d 18 No n e , e x c e p t 1 5 f t . i f l o t a b u t s a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M - F . No n e , e x c e p t 1 5 f t . i f l o t a b u t s a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M - F . No n e , e x c e p t 1 5 f t . i f l o t a b u t s a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M - F . Mi n i m u m S i d e Y a r d 18 No n e , e x c e p t 1 5 f t . i f l o t a b u t s o r i s ad j a c e n t t o a r e s i d e n t i a l z o n e , R C , R- 1 , R - 4 , R - 8 , R - 1 0 , R - 1 4 , o r R M - F . No n e , e x c e p t 1 5 f t . i f l o t a b u t s o r i s ad j a c e n t t o a r e s i d e n t i a l z o n e , R C , R- 1 , R - 4 , R - 8 , R - 10 , R - 1 4 , o r R M - F . No n e , e x c e p t 1 5 f t . i f l o t a b u t s o r i s ad j a c e n t t o a r e s i d e n t i a l z o n e , R C , R- 1 , R - 4 , R - 8 , R - 1 0 , R - 1 4 , o r R M - F . Cl e a r V i s i o n A r e a In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120A (Revised 6/09)2 - 110 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . BU I L D I N G L I M I T A T I O N S Ma x i m u m G r o s s F l o o r A r e a of A n y S i n g l e C o m m e r c i a l Us e o n a S i t e 5, 0 0 0 g r o s s s q . f t . T h e m a x i m u m s i z e sh a l l n o t b e e x c e e d e d , e x c e p t b y c o n - di t i o n a l u s e p e r m i t . 2, 9 T h e s e r e s t r i c - ti o n s d o n o t a p p l y t o r e s i d e n t i a l u s e s su b j e c t t o n e t d e n s i t y l i m i t a t i o n s . No n e No n e Ma x i m u m G r o s s F l o o r A r e a of A n y S i n g l e O f f i c e U s e o n a Si t e 2, 9 3, 0 0 0 g r o s s s q . f t . T h e m a x i m u m s i z e sh a l l n o t b e e x c e e d e d , e x c e p t b y c o n - di t i o n a l u s e p e r m i t . 2, 9 Th e s e r e s t r i c - ti o n s d o n o t a p p l y t o r e s i d e n t i a l u s e s su b j e c t t o n e t d e n s i t y l i m i t a t i o n s . No n e No n e Bu i l d i n g O r i e n t a t i o n Al l c o m m e r c i a l u s e s s h a l l h a v e t h e i r pr i m a r y e n t r a n c e a n d s h o p d i s p l a y wi n d o w o r i e n t e d t o w a r d t h e s t r e e t fr o n t a g e . Se e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . Co m m e r c i a l a n d c i v i c u s e s s h a l l pr o v i d e e n t r y f e a t u r e s o n a l l s i d e s o f a bu i l d i n g f a c i n g a p u b l i c r i g h t - o f - w a y o r pa r k i n g l o t . Th e f r o n t e n t r y o f r e s i d e n t i a l o n l y u s e s sh a l l b e o r i e n t e d t o a p u b l i c o r p r i v a t e st r e e t d e v e l o p e d t o t h e r e q u i r e d st a n d a r d s i n R M C 4 - 6 - 0 6 0 . Se e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120A 2 - 111 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . LA N D S C A P I N G Ge n e r a l Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . HE I G H T Ma x i m u m B u i l d i n g He i g h t , 14 , 1 6 ex c e p t f o r P u b l i c us e s w i t h a “ P u b l i c S u f f i x ” ( P ) de s i g n a t i o n 20 35 f t . In n o c a s e s h a l l h e i g h t e x c e e d t h e l i m - it s s p e c i f i e d i n R M C 4 - 3 - 0 2 0 . 50 f t . , e x c e p t 6 0 f t . i f t h e g r o u n d f l o o r o f th e b u i l d i n g i s i n c o m m e r c i a l u s e . 50 f t . , e x c e p t 6 0 f t . f o r m i x e d u s e ( c o m - me r c i a l a n d r e s i d e n t i a l ) i n t h e s a m e bu i l d i n g . He i g h t s m a y e x c e e d t h e m a x i m u m he i g h t w i t h a C o n d i t i o n a l U s e P e r m i t . 16 In n o c a s e s h a l l h e i g h t e x c e e d t h e l i m - it s s p e c i f i e d i n R M C 4 - 3 - 0 2 0 . Ma x i m u m H e i g h t f o r W i r e l e s s Co m m u n i c a t i o n F a c i l i t i e s Se e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . SC R E E N I N G Ou t d o o r , L o a d i n g , R e p a i r , Ma i n t e n a n c e , W o r k , o r S t o r - ag e A r e a s ; S u r f a c e - M o u n t e d Ut i l i t y a n d M e c h a n i c a l E q u i p - me n t ; R o o f T o p E q u i p m e n t (E x c e p t f o r T e l e c o m m u n i c a - ti o n E q u i p m e n t ) Se e R M C 4 - 4 - 0 9 5 . S e e R M C 4 - 4 - 0 9 5 . S e e R M C 4 - 4 - 0 9 5 . Re f u s e o r R e c y c l a b l e s Se e R M C 4 - 4 - 0 9 0 . S e e R M C 4 - 4 - 0 9 0 . S e e R M C 4 - 4 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120A (Revised 8/10)2 - 112 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . PA R K I N G Ge n e r a l Se e R M C 1 0 - 1 0 - 1 3 a n d R M C 4- 4 - 0 8 0 . Se e R M C 1 0 - 1 0 - 1 3 a n d R M C 4- 4 - 0 8 0 . Se e R M C 1 0 - 1 0 - 1 3 a n d R M C 4- 4 - 0 8 0 . Re q u i r e d L o c a t i o n f o r Pa r k i n g Bu s i n e s s e s L o c a t e d i n S i n g l e F a m i l y Dw e l l i n g s o r D u p l e x e s : P a r k i n g m a y no t o c c u r i n f r o n t o f t h e b u i l d i n g a n d / o r in t h e a r e a b e t w e e n t h e f r o n t l o t l i n e an d t h e f r o n t b u i l d i n g l i n e ; p a r k i n g mu s t o c c u r a t t h e s i d e o r r e a r o f t h e pr o p e r t y . P a r k i n g m a y b e ac c o m m o d a t e d o f f s i t e i n a c c o r d a n c e wi t h R M C 4 - 4 - 0 8 0 E ( 2 ) o r a t j o i n t u s e fa c i l i t i e s i n a c c o r d a n c e w i t h 4- 4 - 0 8 0 E ( 3 ) . Re s i d e n t i a l U s e s : Re q u i r e d p a r k i n g sh a l l b e l o c a t e d u n d e r g r o u n d o r u n d e r bu i l d i n g ( o n t h e f i r s t f l o o r o f t h e st r u c t u r e ) , o r i n a n a t t a c h e d o r de t a c h e d s t r u c t u r e . A n y a d d i t i o n a l pa r k i n g m a y n o t b e l o c a t e d b e t w e e n th e b u i l d i n g a n d p u b l i c s t r e e t u n l e s s lo c a t e d w i t h i n a s t r u c t u r e d p a r k i n g ga r a g e . Co m m e r c i a l U s e s : Pa r k i n g m a y n o t be l o c a t e d b e t w e e n t h e b u i l d i n g a n d th e p u b l i c s t r e e t u n l e s s l o c a t e d w i t h i n a s t r u c t u r e d p a r k i n g g a r a g e . Mi x e d U s e : Jo i n t p a r k i n g i s r e q u i r e d su b j e c t t o R M C 4 - 4 - 0 8 0 E ( 3 ) . Pa r k i n g f o r r e s i d e n t i a l u n i t s s h a l l b e en c l o s e d w i t h i n t h e s a m e b u i l d i n g a s th e u n i t i t s e r v e s . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120A 2 - 113 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . AC C E S S Pe d e s t r i a n A p e d e s t r i a n c o n n e c t i o n s h a l l b e p r o - vi d e d f r o m a p u b l i c e n t r a n c e t o t h e st r e e t , i n o r d e r t o p r o v i d e d i r e c t , c l e a r an d s e p a r a t e p e d e s t r i a n w a l k s f r o m si d e w a l k s t o b u i l d i n g e n t r i e s a n d i n t e r - na l l y f r o m b u i l d i n g s t o a b u t t i n g r e t a i l pr o p e r t i e s . Se e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . Se e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . Ve h i c u l a r No n e No n e A c o n n e c t i o n s h a l l b e p r o v i d e d f o r s i t e - to - s i t e v e h i c l e a c c e s s w a y s , w h e r e to p o g r a p h i c a l l y f e a s i b l e , t o a l l o w a sm o o t h f l o w o f t r a f f i c a c r o s s a b u t t i n g CA p a r c e l s w i t h o u t t h e n e e d t o u s e a st r e e t . A c c e s s m a y c o m p r i s e t h e a i s l e be t w e e n r o w s o f p a r k i n g s t a l l s b u t i s no t a l l o w e d b e t w e e n a b u i l d i n g a n d a pu b l i c s t r e e t . SI G N S Ge n e r a l Se e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . 11 LO A D I N G D O C K S Lo c a t i o n w i t h i n S i t e Se e R M C 4 - 4 - 0 8 0 . Sh a l l n o t b e p e r m i t t e d o n t h e s i d e o f th e l o t a d j a c e n t t o o r a b u t t i n g a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M . 3 Se e R M C 4 - 4 - 0 8 0 . Sh a l l n o t b e p e r m i t t e d o n t h e s i d e o f th e l o t a d j a c e n t t o o r a b u t t i n g a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M . 3 Se e R M C 4 - 4 - 0 8 0 . Sh a l l n o t b e p e r m i t t e d o n t h e s i d e o f th e l o t a d j a c e n t t o o r a b u t t i n g a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M . 3 DU M P S T E R / R E C Y C L I N G C O L L E C T I O N A R E A Si z e a n d L o c a t i o n o f R e f u s e or R e c y c l i n g A r e a s Se e R M C 4 - 4 - 0 9 0 . S e e R M C 4 - 4 - 0 9 0 . S e e R M C 4 - 4 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120A (Revised 8/10)2 - 114 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . (O r d . 4 7 7 3 , 3 - 2 2 - 1 9 9 9 ; O r d . 4 7 7 7 , 4 - 1 9 - 1 9 9 9 ; O r d . 4 8 0 3 , 1 0 - 2 5 - 1 9 9 9 ; O r d . 4 8 5 1 , 8 - 7 - 2 0 0 0 ; O r d . 4 9 1 7 , 9 - 1 7 - 2 0 0 1 ; A m d . O r d . 4 9 6 3 , 5- 1 3 - 2 0 0 2 ; O r d . 5 0 1 8 , 9- 2 2 - 2 0 0 3 ; O r d . 5 0 2 8 , 1 1 - 2 4 - 2 0 0 3 ; O r d . 5 1 0 0 , 1 1 - 1 - 2 0 0 4 ; O r d . 5 1 5 3 , 9 - 2 6 - 2 0 0 5 ; O r d . 5 1 9 1 , 1 2 - 1 2 - 2 0 0 5 ; O r d . 5 2 8 6 , 5 - 1 4 - 2 0 0 7 ; O r d . 5 3 3 0 , 1 2 - 1 0 - 2 0 0 7 ; Or d . 5 3 3 1 , 1 2 - 1 0 - 2 0 0 7 ; O r d . 5 3 8 7 , 6 - 9 - 2 0 0 8 ; O r d . 5 4 3 7 , 1 2 - 8 - 2 0 0 8 ; O r d . 5 5 2 8 , 3 - 8 - 2 0 1 0 ) CR I T I C A L A R E A S Ge n e r a l Se e R M C 4 - 3 - 0 5 0 . S e e R M C 4 - 3 - 0 5 0 . S e e R M C 4 - 3 - 0 5 0 . DE S I G N R E G U L A T I O N S Ge n e r a l N/ A S e e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . Se e u r b a n d e s i g n r e g u l a t i o n s i n R M C 4- 3 - 1 0 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CN CV CA 4-2-120B 2 - 115 (Revised 3/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . 4- 2 - 1 2 0 B DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R LO T D I M E N S I O N S Mi n i m u m L o t S i z e f o r l o t s c r e a t e d a f t e r J u l y 1 1 , 1 9 9 3 No n e 25 , 0 0 0 s q . f t . No n e Mi n i m u m L o t Wi d t h / D e p t h f o r l o t s c r e a t e d a f t e r J u l y 1 1 , 1 9 9 3 No n e No n e No n e LO T C O V E R A G E Ma x i m u m L o t C o v e r a g e fo r B u i l d i n g s No n e 65 % 19 o f t o t a l l o t a r e a o r 7 5 % 19 if p a r k - in g i s p r o v i d e d w i t h i n t h e b u i l d i n g o r wi t h i n a p a r k i n g g a r a g e . 65 % o f t o t a l l o t a r e a o r 7 5 % i f p a r k i n g i s pr o v i d e d w i t h i n t h e b u i l d i n g o r w i t h i n a pa r k i n g g a r a g e . DE N S I T Y ( N e t D e n s i t y i n D w e l l i n g U n i t s p e r N e t A c r e ) Mi n i m u m N e t R e s i d e n t i a l De n s i t y 25 d w e l l i n g u n i t s p e r n e t a c r e . 9 Th e m i n i m u m d e n s i t y r e q u i r e m e n t s sh a l l n o t a p p l y t o t h e s u b d i v i s i o n a n d / o r de v e l o p m e n t o f a l e g a l l o t 1 / 2 a c r e o r le s s i n s i z e a s o f M a r c h 1 , 1 9 9 5 . NA Wh e r e a d e v e l o p m e n t i n v o l v e s r e s i d e n t i a l , th e m i n i m u m d e n s i t y s h a l l b e 3 0 d w e l l i n g un i t s p e r n e t a c r e . 9 Th e s a m e a r e a u s e d f o r c o m m e r c i a l a n d of f i c e d e v e l o p m e n t c a n a l s o b e u s e d t o ca l c u l a t e r e s i d e n t i a l d e n s i t y . W h e r e c o m - me r c i a l a n d / o r o f f i c e a r e a s a r e u t i l i z e d i n th e c a l c u l a t i o n o f d e n s i t y , t h e C i t y m a y re q u i r e r e s t r i c t i v e c o v e n a n t s t o e n s u r e t h e ma x i m u m d e n s i t y i s n o t e x c e e d e d s h o u l d th e p r o p e r t y b e s u b d i v i d e d o r i n a n o t h e r ma n n e r m a d e a v a i l a b l e f o r s e p a r a t e l e a s e or c o n v e y a n c e . 4-2-120B (Revised 3/10)2 - 116 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . DE N S I T Y ( N e t D e n s i t y i n D w e l l i ng U n i t s p e r N e t Ac r e ) ( C o n t i n u e d ) Ma x i m u m N e t R e s i d e n t i a l De n s i t y 10 0 d w e l l i n g u n i t s p e r n e t a c r e . 9 De n s i t y m a y b e i n c r e a s e d t o 1 5 0 d w e l l - in g u n i t s p e r n e t a c r e s u b j e c t t o A d m i n - is t r a t i v e C o n d i t i o n a l U s e a p p r o v a l . As s i s t e d l i v i n g b o n u s : 1. 5 t i m e s t h e ma x i m u m d e n s i t y m a y b e a l l o w e d s u b - je c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . NA 50 d w e l l i n g u n i t s p e r n e t a c r e , e x c e p t t h a t de n s i t y o f u p t o 7 5 d w e l l i n g u n i t s p e r n e t ac r e m a y b e p e r m i t t e d s u b j e c t t o c o n d i - ti o n s i n R M C 4 - 9 - 0 6 5 , D e n s i t y B o n u s Re v i e w . 9 As s i s t e d l i v i n g b o n u s : 1. 5 t i m e s t h e ma x i m u m d e n s i t y m a y b e a l l o w e d s u b j e c t to c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . Th e s a m e a r e a u s e d f o r c o m m e r c i a l a n d of f i c e d e v e l o p m e n t c a n a l s o b e u s e d t o ca l c u l a t e r e s i d e n t i a l d e n s i t y . W h e r e c o m - me r c i a l a n d / o r o f f i c e a r e a s a r e u t i l i z e d i n th e c a l c u l a t i o n o f d e n s i t y , t h e C i t y m a y re q u i r e r e s t r i c t i v e c o v e n a n t s t o e n s u r e t h e ma x i m u m d e n s i t y i s n o t e x c e e d e d s h o u l d th e p r o p e r t y b e s u b d i v i d e d o r i n a n o t h e r ma n n e r m a d e a v a i l a b l e f o r s e p a r a t e l e a s e or c o n v e y a n c e . SE T B A C K S Mi n i m u m F r o n t Y a r d 18 No n e Bu i l d i n g s l e s s t h a n 2 5 f t . i n h e i g h t : 15 f t . 19 Bu i l d i n g s 2 5 f t . t o 8 0 f t . i n h e i g h t : 2 0 ft . 13 , 1 9 Bu i l d i n g s o v e r 8 0 f t . i n h e i g h t : 3 0 ft . 13 , 1 9 De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Ma x i m u m F r o n t Y a r d 18 15 f t . – f o r b u i l d i n g s 2 5 f t . o r l e s s i n he i g h t . No n e – f o r t h a t p o r t i o n o f a b u i l d i n g o v e r 25 f t . i n h e i g h t . No n e De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R 4-2-120B 2 - 117 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . SE T B A C K S ( C o n t i n u e d ) Mi n i m u m S i d e Y a r d Al o n g A S t r e e t 18 No n e 15 f t . 19 – f o r b u i l d i n g s l e s s t h a n 2 5 f t . i n he i g h t . 20 f t . 13 , 1 9 – f o r b u i l d i n g s 2 5 f t . t o 8 0 f t . in h e i g h t . 30 f t . 13 , 1 9 – f o r b u i l d i n g s o v e r 8 0 f t . i n he i g h t . De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Ma x i m u m S i d e Y a r d Al o n g A S t r e e t 18 15 f t . – f o r b u i l d i n g s 2 5 f t . o r l e s s i n he i g h t . No n e – f o r t h a t p o r t i o n o f a b u i l d i n g o v e r 25 f t . i n h e i g h t . No n e De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Mi n i m u m F r e e w a y Fr o n t a g e S e t b a c k 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e p r o p - er t y l i n e . Mi n i m u m R e a r Y a r d 18 No n e , u n l e s s t h e C D l o t a b u t s a r e s i - de n t i a l z o n e , R C , R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M - T , t h e n t h e r e s h a l l b e a 1 5 ft . l a n d s c a p e d s t r i p o r a 5 f t . w i d e s i g h t - ob s c u r i n g l a n d s c a p e d s t r i p a n d a s o l i d 6 f t . h i g h b a r r i e r u s e d a l o n g t h e c o m - mo n b o u n d a r y . No n e r e q u i r e d , e x c e p t , 1 5 f t . i f a b u t - ti n g a r e s i d e n t i a l z o n e . De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Mi n i m u m S i d e Y a r d 18 No n e No n e r e q u i r e d , e x c e p t 1 5 f t . i f a b u t t i n g or a d j a c e n t t o a r e s i d e n t i a l z o n e . De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Cl e a r V i s i o n A r e a NA In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . i n he i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r v i s i o n ar e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . LA N D S C A P I N G Ge n e r a l Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R (Revised 8/10)2 - 118/122 This page left intentionally blank. 4-2-120B 2 - 123 (Revised 5/08) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . HE I G H T Ma x i m u m B u i l d i n g He i g h t 95 f t . 6, 1 0 25 0 f t . 6, 1 2 10 s t o r i e s a n d / o r 1 2 5 f t . 6 Ma x i m u m B u i l d i n g He i g h t W h e n a B u i l d i n g Is Ab u t t i n g 7 a L o t De s i g n a t e d a s Re s i d e n t i a l 20 f t . m o r e t h a n t h e m a x i m u m h e i g h t al l o w e d i n t h e a b u t t i n g r e s i d e n t i a l zo n e . 6, 1 7 20 f t . m o r e t h a n t h e m a x i m u m h e i g h t al l o w e d i n t h e a b u t t i n g r e s i d e n t i a l zo n e . 6 De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . Ma x i m u m H e i g h t f o r Wi r e l e s s C o m m u n i c a t i o n Fa c i l i t i e s Se e R M C 4 - 4 - 1 4 0 G . Se e R M C 4 - 4 - 1 4 0 G . Se e R M C 4 - 4 - 1 4 0 G . SC R E E N I N G Mi n i m u m R e q u i r e d f o r Ou t d o o r L o a d i n g , R e p a i r , Ma i n t e n a n c e , S t o r a g e o r Wo r k A r e a s ; S u r f a c e - Mo u n t e d U t i l i t y a n d Me c h a n i c a l E q u i p m e n t ; Ro o f T o p E q u i p m e n t (E x c e p t f o r Te l e c o m m u n i c a t i o n Eq u i p m e n t ) Se e R M C 4 - 4 - 0 9 5 . Se e R M C 4 - 4 - 0 9 5 . Se e R M C 4 - 4 - 0 9 5 . Re f u s e o r R e c y c l i n g Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R 4-2-120B (Revised 5/08)2 - 124 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . PA R K I N G A N D L O A D I N G Ge n e r a l Se e R M C 4 - 4 - 0 8 0 a n d R M C 1 0 - 1 0 - 1 3 . Se e R M C 4 - 4 - 0 8 0 an d R M C 10 - 1 0 - 1 3 . Se e R M C 4 - 4 - 0 8 0 a n d R M C 1 0 - 1 0 - 1 3 . Di r e c t a r t e r i a l a c c e s s t o i n d i v i d u a l s t r u c - tu r e s s h a l l o c c u r o n l y w h e n a l t e r n a t i v e ac c e s s t o l o c a l o r c o l l e c t o r s t r e e t s o r c o n - so l i d a t e d a c c e s s w i t h a d j a c e n t u s e s i s n o t fe a s i b l e . Re q u i r e d L o c a t i o n f o r Pa r k i n g Al l p a r k i n g s h a l l b e p r o v i d e d i n t h e r e a r po r t i o n o f t h e y a r d , w i t h a c c e s s t a k e n fr o m a n a l l e y , w h e n a v a i l a b l e . P a r k i n g sh a l l n o t b e l o c a t e d i n t h e f r o n t y a r d , n o r in a s i d e y a r d f a c i n g t h e s t r e e t n o r r e a r ya r d f a c i n g t h e s t r e e t . P a r k i n g m a y b e lo c a t e d o f f - s i t e o r s u b j e c t t o a j o i n t p a r k - in g r e q u i r e m e n t . NA NA PE D E S T R I A N A C C E S S Ge n e r a l NA A p e d e s t r i a n c o n n e c t i o n s h a l l b e pr o v i d e d f r o m a p u b l i c e n t r a n c e t o t h e st r e e t , u n l e s s t h e R e v i e w i n g O f f i c i a l de t e r m i n e s t h a t t h e r e q u i r e m e n t wo u l d u n d u l y e n d a n g e r t h e pe d e s t r i a n . De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . SI G N S Ge n e r a l Se e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . LO A D I N G D O C K S Lo c a t i o n Fo r p e r m i t t e d m a n u f a c t u r i n g a n d f a b r i - ca t i o n u s e s , p a r k i n g , d o c k i n g a n d l o a d - in g a r e a s f o r t r u c k t r a f f i c s h a l l b e o f f - st r e e t a n d s c r e e n e d f r o m v i e w o f a b u t - ti n g p u b l i c s t r e e t s . No t p e r m i t t e d o n t h e s i d e o f t h e l o t ad j a c e n t o r a b u t t i n g t o a r e s i d e n t i a l zo n e , R - 1 , R - 4 , R - 8 , R - 1 0 , R - 1 4 , o r RM - I . 3 De t e r m i n e d t h r o u g h s i t e d e v e l o p m e n t pl a n r e v i e w . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R 4-2-120B 2 - 125 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . (O r d . 4 4 6 6 , 8 - 2 2 - 1 9 9 4 ; O r d . 4 6 3 1 , 9 - 9 - 1 9 9 6 ; O r d . 4 7 7 3 , 3 - 2 2 - 1 9 9 9 ; O r d . 4 8 0 2 , 1 0 - 2 5 - 1 9 9 9 ; O r d . 4 8 5 4 , 8 - 1 4 - 2 0 0 0 ; O r d . 4 9 0 0 , 3 - 1 9 - 20 0 1 ; A m d . O r d . 4 9 6 3 , 5- 1 3 - 2 0 0 2 ; O r d . 4 9 7 1 , 6 - 1 0 - 2 0 0 2 ; O r d . 5 0 0 1 , 2 - 1 0 - 2 0 0 3 ; O r d . 5 0 2 8 , 1 1 - 2 4 - 2 0 0 3 ; O r d . 5 1 5 3 , 9 - 2 6 - 2 0 0 5 ; O r d . 5 3 5 7 , 2 - 2 5 - 2 0 0 8 ; O r d . 53 6 9 , 4 - 1 4 - 2 0 0 8 ; O r d . 53 8 7 , 6 - 9 - 2 0 0 8 ; O r d . 5 5 0 3 ( A t t . A ) , 1 1 - 1 6 - 2 0 0 9 , e f f . 1 1 - 2 1 - 2 0 0 9 ; O r d . 5 5 2 8 , 3 - 8 - 2 0 1 0 ) DU M P S T E R / R E C Y C L I N G C O L L E C T I O N A R E A Si z e a n d L o c a t i o n o f Re f u s e o r R e c y c l i n g Ar e a s Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . CR I T I C A L A R E A S Ge n e r a l Se e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . SP E C I A L D E V E L O P M E N T S T A N D A R D S De s i g n R e g u l a t i o n s Se e R M C 4 - 3 - 1 0 0 f o r U r b a n C e n t e r De s i g n O v e r l a y r e g u l a t i o n s a p p l i c a b l e to r e s i d e n t i a l b u i l d i n g s . NA Se e R M C 4 - 3 - 1 0 0 , U r b a n D e s i g n R e g u l a - ti o n s . Up p e r S t o r y S e t b a c k s NA NA Bu i l d i n g s o r p o r t i o n s o f b u i l d i n g s w h i c h ex c e e d f i f t y f e e t ( 5 0 ' ) i n h e i g h t s h a l l in c l u d e u p p e r s t o r y s e t b a c k s a s f o l l o w s : Th e m i n i m u m s e t b a c k f o r a f i f t h s t o r y a n d su c c e e d i n g s t o r i e s s h a l l b e t e n f e e t ( 1 0 ' ) mi n i m u m f r o m t h e p r e c e d i n g s t o r y , a p p l i - ca b l e t o e a c h s t o r y . Ro o f l i n e a n d F a c a d e Mo d u l a t i o n NA NA Bu i l d i n g s s h a l l p r o v i d e v e r t i c a l a n d h o r i - zo n t a l m o d u l a t i o n o f r o o f l i n e s a n d fa c a d e s o f a m i n i m u m o f t w o f e e t ( 2 ' ) a t a n in t e r v a l o f a m i n i m u m o f f o r t y f e e t ( 4 0 ' ) o n a b u i l d i n g f a c e o r a n e q u i v a l e n t s t a n d a r d wh i c h a d d s i n t e r e s t a n d q u a l i t y t o t h e pr o j e c t . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S CD CO CO R (Revised 8/10)2 - 126 This page left intentionally blank. 4-2-120C 2 - 127 (Revised 3/13) 4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. Includes principal arterials as defined by the Arterial Street Plan and depicted in RMC 4-2-080E. 2. The following table indicates the maximum requested size/standard change that may be allowed by an Administrative condi- tional use permit. Increases above these levels may not be achieved by a variance or the conditional use permit process. 3. These provisions may be modified through the site development plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. Reserved. 5. The sight-obscuring provision may be modified in order to provide reasonable access to the property through the site development plan review process. 6. In no case shall building height exceed the maximum allowed by the Airport Compati- ble Land Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 7. Abutting is defined as “Lots sharing com- mon property lines.” 8. Adjacent is defined as “Lots located across a street, railroad or right-of-way, except limited access roads.” 9. Use-related provisions are not variable. Use-related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 10. Heights may exceed the maximum height under an administrative conditional use permit. In consideration of a request for a condi- tional use permit for a building height in excess of ninety five feet (95') the Commu- nity and Economic Development Adminis- trator shall consider the following factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent or Abutting Properties: Buildings in excess of ninety five feet (95') in height at the proposed location shall not result in substantial or undue adverse effects on adjacent or abutting property. When a building in excess of ninety five feet (95') in height is adjacent or abutting to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent or abut- ting residential zone. d. Bulk: Buildings near public open spaces should permit public access APPLICABLE ZONE STANDARD CHANGE REQUEST CN Uses restricted to 3,000 gross s.f. – increases: Between 3,000 – 5,000 s.f. CN Uses restricted to 5,000 gross s.f. – increases up to: 20% or 1,000 gross s.f. All of the CV Zone Uses restricted to 65,000 gross s.f. – increases up to: 40% or 26,000 gross s.f. 4-2-120C (Revised 3/13)2 - 128 and, where feasible, physical access to the public open space. Whenever practicable, buildings should be ori- ented to minimize the shadows they cause on publicly accessible open space. e. Light and Glare: Due consideration shall be given to mitigation of light and glare impacts upon streets, major public facilities and major public open spaces. 11. Freestanding signs are restricted to monu- ment signs in the Commercial Arterial (CA) Zone of the Rainier Avenue Commercial Corridor Comprehensive Plan land use designation. 12. Heights may exceed the maximum height by up to fifty feet (50') with bonuses for pla- zas and other amenities, subject to an Administrative conditional use permit. 13. A reduced minimum setback of no less than fifteen feet (15') may be allowed for structures in excess of twenty five feet (25') in height through the site develop- ment plan review process. 14. Reserved. 15. The maximum setback may be modified through the site development plan review if the applicant can demonstrate that the site development plan meets the following cri- teria: a. Orients development to the pedes- trian through such measures as pro- viding pedestrian walkways beyond those required by the Renton Munici- pal Code (RMC), encouraging pedes- trian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided oth- erwise. Alternatively, the maximum setback requirement may be modified if the appli- cant can demonstrate that the preceding criteria cannot be met; however, those cri- teria which can be met shall be addressed in the site development plan: d. Due to factors including but not limited to the unique site design requirements or physical site constraints such as critical areas or utility easements the maximum setback cannot be met; or e. One or more of the above criteria would not be furthered or would be impaired by compliance with the max- imum setback; or f. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 16. The following height requests may be allowed by an administrative conditional use permit: In consideration of a request for a condi- tional use permit for additional building height, all relevant information and the fol- lowing factors shall be considered along with the criteria in RMC 4-9-030, Condi- tional Use Permits. a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. APPLICABLE ZONE HEIGHT CHANGE REQUEST All of the CV Zone Exceed height of 50 feet Exceed height of 45 feet when abut- ting R-8 or R-10 Zone All of the CA Zone Exceed maximum height 4-2-120C 2 - 129 (Revised 3/13) c. Effect on Adjacent or Abutting Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting prop- erty. When a building in excess of the maximum height is proposed adjacent to or abutting a lot designated R-1, R-4, R-8, R-10, R-14 or RM-F, then the setbacks shall be equivalent to the requirements of the adjacent residen- tial zone if the setback standards exceed the requirements of the Com- mercial Zone. 17. Heights may exceed the maximum height under Hearing Examiner Conditional Use Permit. 18. Allowed Projections into Setbacks: a. Steps, and decks having no roof and being not over forty two inches (42") high may be built within a front yard setback. b. Eaves and cornices may project up to twenty four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a dis- tance of thirty feet (30') from the rear lot line may also occupy the side yard setback of an inside lot line. d. Where below-grade structures are permitted to have zero (0) front yard/street setbacks, structural foot- ings may minimally encroach into the public right-of-way, subject to approval of the Community and Eco- nomic Development Administrator. 19. Except with approved Master Plan review. 20. “Public Suffix” (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (15') in height above that other- wise permitted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75') to the high- est point of the building: a. When abutting a public street, one additional foot of height for each addi- tional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one (1) additional foot of height for each additional two feet (2') of perimeter building setback beyond the minimum required along a common property line; and c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings for public amenities such as recreational facili- ties, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week. 21. Except for existing, legal administrative headquarters offices, pursuant to RMC 4-2-080A17. 22. Reserved. 23. Within the CD Zone, perimeter street land- scape strips may utilize a mix of hard sur- faces, brick, stone, textured/colored concrete, and natural landscape elements, groundcover, shrubs and trees, to provide a transition between the public streetscape and the private development, subject to Site Plan review, RMC 4-9-200B1, and the general and additional review criteria of RMC 4-9-200E1 and F1, F2, and F7. In no case shall living plant material comprise less than thirty percent (30%) of the required perimeter landscape strip. 24. Reserved. 25. Reserved. (Ord. 1472, 2-18-1953; Ord. 1905, 8-15-1961; Ord. 4404, 6-7-1993; Ord. 4593, 4-1-1996; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5156, 9-26-2005; Ord. 5191, 12-12-2005; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5437, 12-8-2008; 4-2-120D (Revised 3/13)2 - 130 Ord. 5450, 3-2-2009; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) 4-2-120D(Repealed by Ord. 5355, 2-25-2008) 4-2-120E 2 - 130.1 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . 4- 2 - 1 2 0 E DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S UC - N 1 UC - N 2 LO T D I M E N S I O N S Mi n i m u m L o t S i z e fo r l o t s cr e a t e d a f t e r J u l y 1 1 , 1 9 9 3 25 a c r e s Mi n i m u m l o t s i z e c a n b e a m e n d e d t h r o u g h S i t e D e v e l o p - me n t P l a n R e v i e w R M C 4 - 9 - 2 0 0 . 25 a c r e s Mi n i m u m l o t s i z e c a n b e a m e n d e d t h r o u g h S i t e D e v e l o p - me n t P l a n R e v i e w R M C 4 - 9 - 2 0 0 . LO T C O V E R A G E Ma x i m u m L o t C o v e r a g e f o r Bu i l d i n g s 90 % o f t o t a l a r e a o r 1 0 0 % i f p a r k i n g i s p r o v i d e d w i t h i n t h e bu i l d i n g o r w i t h i n a p a r k i n g g a r a g e . 90 % o f t o t a l a r e a o r 1 0 0 % i f p a r k i n g i s p r o v i d e d w i t h i n t h e bu i l d i n g o r w i t h i n a p a r k i n g g a r a g e . DE N S I T Y ( N e t D e n s i t y i n D w e l l i n g U n i t s p e r N e t A c r e ) Mi n i m u m N e t R e s i d e n t i a l De n s i t y 20 d w e l l i n g u n i t s p e r n e t a c r e 4 e x c e p t f o r m i x e d u s e de v e l o p m e n t . 20 d w e l l i n g u n i t s p e r n e t a c r e 4 e x c e p t f o r m i x e d u s e de v e l o p m e n t . Ma x i m u m N e t R e s i d e n t i a l De n s i t y 85 d w e l l i n g u n i t s p e r n e t a c r e . 4 As s i s t e d l i v i n g b o n u s : 1 . 5 t i m e s t h e m a x i m u m d e n s i t y ma y b e a l l o w e d s u b j e c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . De n s i t y f o r f l a t s m a y b e i n c r e a s e d u p t o 1 5 0 d w e l l i n g u n i t s pe r n e t a c r e p r o v i d e d t h a t g r o u n d - f l o o r c o m m e r c i a l u s e s ar e i n c o r p o r a t e d i n t o t h e s t r u c t u r e . As s i s t e d l i v i n g b o n u s : 1 . 5 t i m e s t h e m a x i m u m d e n s i t y ma y b e a l l o w e d s u b j e c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . So u t h o f N o r t h 8 t h S t r e e t : 15 0 d w e l l i n g u n i t s p e r n e t ac r e . 4 As s i s t e d l i v i n g b o n u s : 1 . 5 t i m e s t h e m a x i m u m d e n s i t y ma y b e a l l o w e d s u b j e c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . No r t h o f N o r t h 8 t h S t r e e t : 25 0 d w e l l i n g u n i t s p e r n e t ac r e . 4 As s i s t e d l i v i n g b o n u s : 1 . 5 t i m e s t h e m a x i m u m d e n s i t y ma y b e a l l o w e d s u b j e c t t o c o n d i t i o n s o f R M C 4 - 9 - 0 6 5 . SE T B A C K S Mi n i m u m F r o n t Y a r d 5, 1 0 0 f t . 0 f t . 6, 8 , 9 Ma x i m u m F r o n t Y a r d 5, 1 0 5 f t . 5 f t . 6, 8 , 9 Mi n i m u m S i d e Y a r d A l o n g a St r e e t 5, 1 0 0 f t . 0 f t . 6, 8 , 9 Ma x i m u m S i d e Y a r d A l o n g a St r e e t 5, 1 0 5 f t . 5 f t . 6, 8 , 9 Mi n i m u m R e a r Y a r d 5, 1 0 0 f t . 0 f t . 6, 8 , 9 Mi n i m u m S i d e Y a r d 5, 1 0 0 f t . 0 f t . 6, 8 , 9 4-2-120E (Revised 8/10)2 - 130.2 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . Cl e a r V i s i o n A r e a In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . i n h e i g h t i n t r u d e in t o t h e 2 0 f t . c l e a r v i s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . i n h e i g h t i n t r u d e in t o t h e 2 0 f t . c l e a r v i s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . LA N D S C A P I N G Ge n e r a l Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . HE I G H T Ma x i m u m B u i l d i n g H e i g h t 10 s t o r i e s a l o n g p r i m a r y a n d s e c o n d a r y a r t e r i a l s . 1 6 s t o r i e s a l o n g r e s i d e n t i a l / m i n o r c o l l e c t o r s . 1 To w n h o u s e s o n l y : 3 s t o r i e s . 10 s t o r i e s a l o n g p r i m a r y a n d s e c o n d a r y a r t e r i a l s . 1 6 s t o r i e s a l o n g r e s i d e n t i a l / m i n o r c o l l e c t o r s . 1 Ma x i m u m H e i g h t f o r W i r e l e s s Co m m u n i c a t i o n F a c i l i t i e s Se e R M C 4 - 4 - 1 4 0 G . Se e R M C 4 - 4 - 1 4 0 G . SC R E E N I N G Mi n i m u m R e q u i r e d f o r O u t d o o r Lo a d i n g , R e p a i r , M a i n t e n a n c e , St o r a g e o r W o r k A r e a s ; Su r f a c e - M o u n t e d U t i l i t y a n d Me c h a n i c a l E q u i p m e n t ; R o o f To p E q u i p m e n t ( E x c e p t f o r Te l e c o m m u n i c a t i o n E q u i p m e n t ) Se e R M C 4 - 4 - 0 9 5 . Se e R M C 4 - 4 - 0 9 5 . Re f u s e o r R e c y c l i n g Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S UC - N 1 UC - N 2 4-2-120E 2 - 130.3 (Revised 8/10) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . PA R K I N G A N D L O A D I N G Ge n e r a l Se e R M C 4 - 4 - 0 8 0 a n d 1 0 - 1 0 - 1 3 . Se e R M C 4 - 4 - 0 8 0 a n d 1 0 - 1 0 - 1 3 . Re q u i r e d L o c a t i o n f o r Ac c e s s o r y o r E x i s t i n g P a r k i n g On a P e d e s t r i a n - O r i e n t e d S t r e e t : Pa r k i n g m a y n o t b e lo c a t e d b e t w e e n t h e p r o p o s e d b u i l d i n g a s s o c i a t e d w i t h pa r k i n g a n d p e d e s t r i a n - o r i e n t e d p u b l i c s t r e e t s u n l e s s lo c a t e d w i t h i n a s t r u c t u r e d p a r k i n g g a r a g e . On O t h e r A r t e r i a l s , L o c a l S t r e e t s , a n d I n t e r n a l S t r e e t s : Al l r e s i d e n t i a l p a r k i n g s h a l l b e s t r u c t u r e d p a r k i n g e x c e p t pa r k i n g r e q u i r e d f o r g u e s t s . P a r k i n g f o r a l l u s e s s h a l l b e lo c a t e d c o n s i s t e n t w i t h R M C 4 - 3 - 1 0 0 , U r b a n C e n t e r De s i g n O v e r l a y R e g u l a t i o n s . S i t e p l a n n i n g m u s t d e m o n - st r a t e f e a s i b l e f u t u r e l o c a t i o n o f s t r u c t u r e d p a r k i n g t o ac c o m m o d a t e i n f i l l d e v e l o p m e n t . On a P e d e s t r i a n - O r i e n t e d S t r e e t : Pa r k i n g m a y n o t b e lo c a t e d b e t w e e n t h e p r o p o s e d b u i l d i n g a s s o c i a t e d w i t h pa r k i n g a n d p e d e s t r i a n - o r i e n t e d p u b l i c s t r e e t s u n l e s s lo c a t e d w i t h i n a s t r u c t u r e d p a r k i n g g a r a g e . On O t h e r A r t e r i a l s , L o c a l S t r e e t s , a n d I n t e r n a l S t r e e t s : Al l r e s i d e n t i a l p a r k i n g s h a l l b e s t r u c t u r e d p a r k i n g e x c e p t pa r k i n g r e q u i r e d f o r g u e s t s . P a r k i n g f o r a l l u s e s s h a l l b e lo c a t e d c o n s i s t e n t w i t h R M C 4 - 3 - 1 0 0 , U r b a n C e n t e r De s i g n O v e r l a y R e g u l a t i o n s . S i t e p l a n n i n g m u s t d e m o n - st r a t e f e a s i b l e f u t u r e l o c a t i o n o f s t r u c t u r e d p a r k i n g t o ac c o m m o d a t e i n f i l l d e v e l o p m e n t . PE D E S T R I A N A C C E S S Ge n e r a l Mu s t c o n f o r m t o p e d e s t r i a n r e g u l a t i o n s l o c a t e d i n U r b a n Ce n t e r D e s i g n O v e r l a y r e g u l a t i o n s ( R M C 4 - 3 - 1 0 0 ) . Mu s t c o n f o r m t o p e d e s t r i a n r e g u l a t i o n s l o c a t e d i n U r b a n Ce n t e r D e s i g n O v e r l a y r e g u l a t i o n s ( R M C 4 - 3 - 1 0 0 ) . SI G N S Ge n e r a l Po l e s i g n s a n d r o o f s i g n s a r e p r o h i b i t e d . S i g n s s u b j e c t t o Ur b a n C e n t e r D e s i g n O v e r l a y r e g u l a t i o n s ( R M C 4 - 3 - 1 0 0 ) . Po l e s i g n s a n d r o o f s i g n s a r e p r o h i b i t e d . S i g n s s u b j e c t t o Ur b a n C e n t e r D e s i g n O v e r l a y r e g u l a t i o n s ( R M C 4 - 3 - 1 0 0 ) . LO A D I N G D O C K S Lo c a t i o n Pa r k i n g , d o c k i n g a n d l o a d i n g a r e a s f o r t r u c k t r a f f i c s h a l l be o f f - s t r e e t a n d s c r e e n e d f r o m v i e w o f a b u t t i n g p u b l i c st r e e t s . Pa r k i n g , d o c k i n g a n d l o a d i n g a r e a s f o r t r u c k t r a f f i c s h a l l be o f f - s t r e e t a n d s c r e e n e d f r o m v i e w o f a b u t t i n g p u b l i c st r e e t s . DU M P S T E R / R E C Y C L I N G C O L L E C T I O N A R E A Si z e a n d L o c a t i o n o f R e f u s e o r Re c y c l i n g A r e a s Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . CR I T I C A L A R E A S Ge n e r a l Se e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S UC - N 1 UC - N 2 4-2-120E (Revised 8/10)2 - 130.4 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . (O r d . 5 0 2 7 , 1 1 - 2 4 - 2 0 0 3 ; O r d . 5 3 8 7 , 6 - 9 - 2 0 0 8 ; O r d . 5 5 2 0 , 1 2 - 1 4 - 2 0 0 9 ; O r d . 5 5 2 8 , 3 - 8 - 2 0 1 0 ) SP E C I A L D E V E L O P M E N T S T A N D A R D S De s i g n G u i d e l i n e s Se e R M C 4 - 3 - 1 0 0 f o r U r b a n C e n t e r D e s i g n O v e r l a y r e g - ul a t i o n s a p p l i c a b l e t o U C - N 1 . Se e R M C 4 - 3 - 1 0 0 f o r U r b a n C e n t e r D e s i g n O v e r l a y r e g - ul a t i o n s a p p l i c a b l e t o U C - N 2 . DE V E L O P M E N T S T A N D A R D S F O R C O M M E R C I A L Z O N I N G D E S I G N A T I O N S UC - N 1 UC - N 2 4-2-120F 2 - 131 (Revised 3/13) 4-2-120F CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Admin- istration Airport Zones designated under RMC 4-3-020. 2. Abutting is defined as “lots sharing com- mon property lines.” 3. Adjacent is defined as “lots located across a street, railroad or right-of-way, except limited access roads.” 4. Use-related provisions are not variable. Use-related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan Amendment/Rezone. 5. Allowed Projections into Setbacks: a. Steps, and decks having no roof and being not over forty two inches (42") high may be built within a front yard setback. b. Eaves and cornices may project up to twenty four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a dis- tance of thirty inches (30") from the rear lot line may also occupy the side yard setback of an inside lot line. d. Where below-grade structures are permitted to have zero (0) front yard/street setbacks, structural foot- ings may minimally encroach into the public right-of-way, subject to approval of the Public Works Adminis- trator. 6. UC-N2 Zone Upper Story Setback: Build- ings or portions of buildings which exceed fifty feet (50') in height which are located within one hundred feet (100') of a shore- line shall include upper story setbacks for the facade facing the shoreline and for facades facing publicly accessible plazas as follows: The minimum setback for a fifth story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story. Projects not meeting the upper story setbacks defined above may be approved through the modi- fication process when superior design is demonstrated pursuant to RMC 4-9-250D. For a modification to be granted, the project must also comply with the decision and design criteria stipulated in RMC 4-9-250D2. 7. CD Zone: Perimeter street landscape strips may utilize a mix of hard surfaces, brick, stone, textured/colored concrete, and natural landscape elements, ground- cover, shrubs and trees, to provide a tran- sition between the public streetscape and the private development, subject to Site Plan Review, RMC 4-9-200B1, and the general and additional review criteria of RMC 4-9-200E1 and F1, F2, and F7. In no case shall living plant material comprise less than thirty percent (30%) of the required perimeter landscape strip in the CD Zone, or fifteen percent (15%) in the UC-N1 and UC-N2 Zones. 8. Shoreline Master Plan Setbacks in the UC-N2 Zone: In the UC-N2 Zone, where the applicable Shoreline Master Program setback is less than fifty feet (50'), the City may increase the setback up to one hun- dred percent (100%) if the City determines additional setback area is needed to assure adequate public access, emer- gency access or other site planning or environmental considerations. 9. UC-N2 Zone Modulation/Articulation Requirement: Buildings that are immedi- ately adjacent to or abutting a public park, open space, or trail shall incorporate at least one of the features in items a. through c. and shall provide item d.: a. Incorporate building modulation to reduce the overall bulk and mass of buildings; or 4-2-120F (Revised 3/13)2 - 132 b. Provide at least one architectural pro- jection for each dwelling unit of not less than two feet (2') from the wall plane and not less than four feet (4') wide; or c. Provide vertical and horizontal modu- lation of roof lines and facades of a minimum of two feet (2') at an interval of a minimum of forty feet (40') on a building face or an equivalent stan- dard which adds interest and quality to the project; and d. Provide building articulation and tex- tural variety. 10. For residential plats minimum lot size, min- imum lot width/depth, maximum lot width/depth, minimum and maximum front, side, and rear yards shall use the develop- ment standards for the RM-T Zone found in RMC 4-2-110F. (Ord. 5027, 11-24-2003; Ord. 5156, 9-26-2005; Ord. 5369, 4-14-2008; Ord. 5676, 12-3-2012) 4-2-130A 2 - 133 (Revised 3/13) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . 4- 2 - 1 3 0 A DE V E L O P M E N T S T A N D A R D S F O R I N D U S TR I A L Z O N I N G D E S I G N A T I O N S IL IM IH LO T D I M E N S I O N S Mi n i m u m L o t S i z e fo r l o t s cr e a t e d a f t e r S e p t e m b e r 1 , 19 8 5 35 , 0 0 0 s q . f t . 35 , 0 0 0 s q . f t . 35 , 0 0 0 s q . f t . Mi n i m u m L o t W i d t h / D e p t h f o r lo t s c r e a t e d a f t e r S e p t e m b e r 1 , 19 8 5 No n e No n e No n e LO T C O V E R A G E Ma x i m u m L o t C o v e r a g e f o r Bu i l d i n g s 65 % o f t o t a l l o t a r e a o r 7 5 % i f p a r k i n g is p r o v i d e d w i t h i n t h e b u i l d i n g o r w i t h i n a p a r k i n g g a r a g e No n e N o n e HE I G H T Ma x i m u m B u i l d i n g H e i g h t , ex c e p t f o r P u b l i c u s e s h a v i n g a “P u b l i c S u f f i x ” ( P ) d e s i g n a t i o n 50 f t . , e x c e p t 1 0 0 f t . if l o t i s l o c a t e d i n th e E m p l o y m e n t A r e a V a l l e y (E A V ) 4, 5 , 1 3 No n e No n e Ma x i m u m H e i g h t f o r W i r e l e s s Co m m u n i c a t i o n F a c i l i t i e s Se e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . S e e R M C 4 - 4 - 1 4 0 G . SE T B A C K S 8, 1 1 Mi n i m u m F r o n t Y a r d Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . p r o v i d e d t h a t 2 0 ft . i s r e q u i r e d i f a l o t i s a d j a c e n t t o o r ab u t t i n g a l o t z o n e d R - 1 , R - 4 , R - 8 , RM H , R - 1 0 , R - 1 4 , o r R M . Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . E x c e p t 5 0 f t . i s re q u i r e d i f a l o t i s a d j a c e n t t o o r a b u t - ti n g a l o t z o n e d R - 1 , R - 4 , R - 8 , R M H , R- 1 0 , R - 1 4 , o r R M . Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . Mi n i m u m S i d e Y a r d A l o n g a St r e e t Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . E x c e p t 5 0 f t . i s re q u i r e d i f a l o t i s a d j a c e n t t o o r a b u t - ti n g a l o t z o n e d R - 1 , R - 4 , R - 8 , R - 1 0 , R- 1 4 , o r R M . Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . E x c e p t 5 0 f t . i s re q u i r e d i f a l o t i s a d j a c e n t t o o r a b u t - ti n g a l o t z o n e d R - 1 , R - 4 , R M H , R - 8 , R- 1 0 , R - 1 4 o r R M . Pr i n c i p a l A r t e r i a l s t r e e t s : 12 2 0 f t . Ot h e r s t r e e t s : 1 5 f t . Mi n i m u m F r e e w a y F r o n t a g e Se t b a c k 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 10 f t . l a n d s c a p e d s e t b a c k f r o m t h e pr o p e r t y l i n e . 4-2-130A (Revised 3/13)2 - 134 Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . SE T B A C K S 8, 1 1 (C o n t i n u e d ) Mi n i m u m R e a r a n d S i d e Ya r d s 11 No n e , e x c e p t 2 0 f t . i f l o t i s a d j a c e n t t o or a b u t t i n g a r e s i d e n t i a l z o n e , R - 1 , R- 4 , R - 8 , R M H , R - 10 , R - 1 4 , o r R M ; wh i c h m a y b e r e d u c e d t o 1 5 f t . t h r o u g h th e s i t e p l a n d e v e l o p m e n t r e v i e w p r o - ce s s . No n e , e x c e p t 5 0 f t . i f l o t i s a d j a c e n t t o or a b u t t i n g a r e s i d e n t i a l z o n e , R - 1 , R- 4 , R - 8 , R M H , R - 1 0 , R - 1 4 , o r R M . No n e , e x c e p t , 5 0 f t . i f l o t a b u t s a l o t zo n e d R - 1 , R - 4 , R - 8 , R - 1 0 , R - 1 4 , o r RM - I . 20 f t . i f l o t a b u t s a l o t z o n e d C N , C V , CA , C D , C O , C O R , o r P - S u f f i x . Cl e a r V i s i o n A r e a In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n to t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . In n o c a s e s h a l l a s t r u c t u r e o v e r 4 2 i n . in h e i g h t i n t r u d e i n t o t h e 2 0 f t . c l e a r vi s i o n a r e a d e f i n e d i n R M C 4 - 1 1 - 0 3 0 . LA N D S C A P I N G Ge n e r a l Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . Se e R M C 4 - 4 - 0 7 0 . SC R E E N I N G Mi n i m u m R e q u i r e d f o r Ou t d o o r L o a d i n g , R e p a i r , Ma i n t e n a n c e o r W o r k A r e a s ; Ou t d o o r S t o r a g e , R e f u s e o r Du m p s t e r A r e a s Se e R M C 4 - 4 - 0 9 5 . Se e R M C 4 - 4 - 0 9 5 . Se e R M C 4 - 4 - 0 9 5 . Sp e c i a l S c r e e n i n g Re q u i r e m e n t s f o r T o w T r u c k Op e r a t i o n s a n d Im p o u n d m e n t Y a r d s NA 6 t o 1 0 f t . h i g h s o l i d w a l l o r s i g h t - ob s c u r i n g f e n c e r e q u i r e d . 6 t o 1 0 f t . h i g h s o l i d w a l l o r s i g h t - ob s c u r i n g f e n c e r e q u i r e d . LO A D I N G D O C K S Lo c a t i o n No t p e r m i t t e d o n t h e s i d e o f t h e l o t t h a t is a d j a c e n t t o o r a b u t t i n g a r e s i d e n t i a l zo n e , R - 1 , R - 4 , R - 8 , R - 1 0 , R - 1 4 , o r RM - I . 2 No t p e r m i t t e d o n t h e s i d e o f t h e l o t t h a t is a d j a c e n t t o o r a b u t t i n g a r e s i d e n t i a l zo n e , R - 1 , R - 4 , R - 8, R - 1 0 , R - 1 4 , o r RM - I . 2 NA DU M P S T E R / R E C Y C L I N G C O L L E C T IO N S T A T I O N O R C E N T E R Lo c a t i o n o f R e f u s e o r Re c y c l i n g A r e a s Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . Se e R M C 4 - 4 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R I N D U S TR I A L Z O N I N G D E S I G N A T I O N S IL IM IH 4-2-130A 2 - 135 (Revised 3/13) Co n f l i c t s : S e e R M C 4 - 1 - 0 8 0 . (O r d . 4 8 5 1 , 8 - 7 - 2 0 0 0 ; A m d . O r d . 4 9 6 3 , 5 - 1 3 - 2 0 0 2 ; O r d . 5 1 5 3 , 9 - 2 6 -2 0 0 5 ; O r d . 5 5 2 8 , 3 - 8 - 2 0 1 0 ; O r d . 5 5 7 4 , 1 1 - 1 5 - 2 0 1 0 ; O r d . 5 6 7 6 , 1 2- 3 - 2 0 1 2 ) PA R K I N G Ge n e r a l Al s o s e e R M C 4 - 4 - 0 8 0 a n d R M C 10 - 1 0 - 1 3 . Al s o s e e R M C 4 - 4 - 0 8 0 a n d R M C 10 - 1 0 - 1 3 . Se e R M C 4 - 4 - 0 8 0 a n d R M C 1 0 - 1 0 - 1 3 . SI G N S Ge n e r a l Se e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . S e e R M C 4 - 4 - 1 0 0 . CR I T I C A L A R E A S Ge n e r a l Se e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . S e e R M C 4 - 3 - 0 5 0 a n d 4 - 3 - 0 9 0 . DE V E L O P M E N T S T A N D A R D S F O R I N D U S TR I A L Z O N I N G D E S I G N A T I O N S IL IM IH (Revised 3/13)2 - 136 This page left intentionally blank. 4-2-130B 2 - 137 (Revised 3/13) 4-2-130B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR INDUSTRIAL ZONING DESIGNATIONS 1. As designated by the Transportation Ele- ment of the Comprehensive Plan. 2. These provisions may be modified through the site development plan review where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., which have not been fully planned at the time of site plan development review. 3. Provided that a solid 6' high barrier wall is provided within the landscape strip and a maintenance agreement or easement for the landscape strip is secured. A solid bar- rier wall shall not be located closer than 5' to an abutting lot zoned R-1, R-4, R-8, R-10, R-14 or RM-F. 4. To construct a building or structure in excess of 50', outside the EAV, requires an Administrative Conditional Use Permit. 5. For uses located within the Federal Avia- tion Administration Airport Zones desig- nated under RMC 4-3-020, Airport Related Height and Use Restrictions, in no case shall building height exceed the maximum allowed by that Section. 6. The sight-obscuring provision may be waived in order to provide reasonable access to the property through the site plan development review process. 7. Areas set aside for future development on a lot may be hydroseeded. An adequate means of irrigation shall be provided. 8. Except by approval by Administrative Con- ditional Use Permit in the Employment Area Valley, or by the Hearing Examiner Conditional Use Permit outside the Employment Area Valley. 9. Abutting is defined as “Lots sharing com- mon property lines.” 10. Adjacent is defined as “Lots located across a street, railroad or right-of-way, except limited access roads.” 11. Allowed Projections into Setbacks: a. Eaves and cornices may extend over the required setback for a distance of up to 24". b. Accessory buildings when erected so that the entire building is within a dis- tance of 30' from the rear lot line may also occupy the side yard setback of an inside lot line. c. Steps and decks having no roof and not exceeding 42" high may be built within a front setback. 12. Includes principal arterials as defined in the Arterial Street Plan and depicted in RMC 4-2-080E. Principal arterial streets within the Downtown Pedestrian District as depicted by RMC 4-2-080C shall be exempt from this setback requirement. 13. “Public Suffix” (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional 15' in height above that otherwise permit- ted in the Zone if “pitched roofs,” as defined herein, are used for at least 60% or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than 75', the maxi- mum height of a publicly owned structure may be increased as follows, up to a maxi- mum height of 75' to the highest point of the building: a. When abutting a public street, 1 addi- tional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Center Downtown Zone); b. When abutting a common property line, 1 additional foot of height for each additional 2' of perimeter build- ing setback beyond the minimum required along a common property line; and 4-2-140 (Revised 3/13)2 - 138 c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below a 20% maximum lot area cov- erage by buildings for public ameni- ties such as recreational facilities, and/or landscaped open space areas, etc., when these are open and acces- sible to the public during the day or week. (Amd. Ord. 4963, 5-13-2002; Ord. 5519, 12-14-2009; Ord. 5574, 11-15-2010; Ord. 5607, 6-6-2011; Ord. 5676, 12-3-2012) 4-2-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Amd. Ord. 4856, 8-21-2000; Ord. 5159, 10-17-2005) 3 - i (Revised 3/14) Chapter 3 ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS CHAPTER GUIDE: Regulations restricting or governing development of environmentally sensitive ar- eas, including shorelines of the state, are contained in chapter 4-3 RMC. These regulations are applied based on whether an environmentally sensitive or shoreline of the state are present within or nearby a property, irrespective of zoning district. Overlay districts unrelated to zoning boundaries are also in- cluded, and may restrict uses or apply special development standards. This Chapter does not contain procedural information. Related permit processes (i.e., shoreline permit procedures, aquifer permit pro- cedures) are located in chapters 4-8 and 4-9 RMC. This Chapter last amended by Ord. 5702, December 9, 2013. SECTION PAGE NUMBER NUMBER 4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS. . . . . . . . . . . . . . . . 1 A. Prohibited in Certain Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Measurement Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F. Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Amortization Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Extension Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 b. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 c. Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 d. Maximum Extension Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 e. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS . . . . . . . . . . . . . . . 2 A. Airport Influence Area Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Height Limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Hazard Marking and Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.1 E. Safety Verification and Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.1 F. Airport Influence Area Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G. Federal Aviation Regulation Part 77 Objects Affecting Navigable Airspace . . . . 5 H. Renton Municipal Airport Annual Average Noise Exposure Map . . . . . . . . . . . . 6 4-3-030 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4-3-040 COMMERCIAL CORRIDOR BUSINESS DESIGNATIONS. . . . . . . . . . . . . . . . 7 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Applicability – Renton Automall District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Automall Area A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Automall Area B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Uses Permitted in the Renton Automall Improvement District . . . . . . . . . . . . . . . 8 (Revised 3/14)3 - ii SECTION PAGE NUMBER NUMBER D. Development Standards for Uses Located within the Renton Automall – Areas A and B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. Potential Waiver of Street Vacation Fees for Dealerships Located within the Renton Automall Area A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 F. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 G. Maps of Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-3-050 CRITICAL AREAS REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Aquifer Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Flood Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. Geologic Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. Habitat Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Streams and Lakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B. Applicability – Critical Areas Designations/Mapping . . . . . . . . . . . . . . . . . . . . . 13 1. Lands to Which These Regulations Apply . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Mapping – General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Reports and Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. General Submittal Requirements – All Critical Areas. . . . . . . . . . . . . . . 14 b. Exempt Activities, Study Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 14 c. Aquifer Protection Area Permit Submittal Requirements . . . . . . . . . . . . 14 d. Flood Hazard Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 e. Geologic Hazards Special Studies Required . . . . . . . . . . . . . . . . . . . . . 14 f. Habitat Conservation Assessment Required . . . . . . . . . . . . . . . . . . . . . 14 g. Streams and Lake Studies Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 h. Wetland Studies Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 C. Applicability – Exempt, Prohibited and Nonconforming Activities . . . . . . . . . . . 14 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. Aquifer Protection Areas – Compliance with Regulations . . . . . . . . . . . 15 2. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. Permit Required – Development or Alteration . . . . . . . . . . . . . . . . . . . . 16 b. Aquifer Protection Area – Operating and Closure Permits. . . . . . . . . . . 17 3. Finding of Conformance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Aquifer Protection Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4. Letter of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Aquifer Protection, Flood Hazards, Geologic Hazards, Habitat Conservation, Streams and Lakes, Wetlands . . . . . . . . . . . . . . . . . . . . 17 b. Applicability of Section Requirements to Exempt Activities . . . . . . . . . . 17 c. Reports and Mitigation Plans Required . . . . . . . . . . . . . . . . . . . . . . . . . 17 d. Administrator Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5. Specific Exemptions – Critical Areas and Buffers . . . . . . . . . . . . . . . . . . . . 18 6. Limited Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.7 7. Exemptions in Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.10 8. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.12 a. General – All Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.12 3 - iii (Revised 3/13) SECTION PAGE NUMBER NUMBER b. Prohibited Activities – Floodways. . . . . . . . . . . . . . . . . . . . . . . . . . . 18.12 c. Prohibited Activities – Streams/Lakes and Wetlands . . . . . . . . . . . 18.12 d. Prohibited Changes in Land Use and Types of New Facilities – Aquifer Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . 18.12 9. Temporary Emergency Exemption Procedure . . . . . . . . . . . . . . . . . . . . 18.13 a. Temporary Emergency Exemption Purpose. . . . . . . . . . . . . . . . . . . 18.13 b. Temporary Emergency Exemption Review Authority and Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.13 c. Temporary Emergency Exemption Letter Process and Timing . . . . 18.13 10. Nonconforming Activities or Structures . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 D. Administration and Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 1. General Provisions – All Critical Areas. . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 a. Duties of Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 b. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 c. Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 2. Aquifer Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 a. Inspections Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 b. Potential to Degrade Groundwater – Zone 2 . . . . . . . . . . . . . . . . . . 18.14 3. Flood Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 a. Duties and Responsibilities of Administrator . . . . . . . . . . . . . . . . . . 18.14 b. Information to Be Obtained and Maintained. . . . . . . . . . . . . . . . . . . 18.15 c. Alteration of Watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.15 d. Interpretation of FIRM Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . 18.15 e. Record Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.16 4. Review Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.16 a. Review Authority – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.16 b. Review Authority – Geologic Hazards, Habitat Conservation, Streams and Lakes, and Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . 18.16 c. Review Authority – Aquifer Protection Areas . . . . . . . . . . . . . . . . . . 18.17 5. Authority to Approve, Condition, or Deny – General . . . . . . . . . . . . . . . 18.17 6. Relationship to Other Agencies and Regulations. . . . . . . . . . . . . . . . . . 18.17 E. General Performance Standards, and Allowed Alterations . . . . . . . . . . . . . 18.17 1. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.17 2. Protection of Critical Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.17 3. Allowed Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.17 4. Native Growth Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.17 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.17 b. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.18 c. Method of Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.18 d. Marking During Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.18 e. Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.18 f. Signage Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.19 g. Responsibility for Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.19 h. Maintenance Covenant and Note Required . . . . . . . . . . . . . . . . . . . .18.19 5. Discretionary – Building or Development Setbacks . . . . . . . . . . . . . . . . .18.19 F. Submittal Requirements and Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 1. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 (Revised 3/13)3 - iv SECTION PAGE NUMBER NUMBER 2. Preapplication Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 3. Plans and Studies Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 4. Submittal Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 5. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 6. Waiver of Submittal or Procedural Requirements . . . . . . . . . . . . . . . . . 18.19 7. Independent Secondary Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 a. Aquifer Protection Areas, Flood Hazards, Habitat Conservation, Streams and Lakes, Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.19 b. Geologic Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.20 8. Mitigation Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.20 a. Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.20 b. Timing of Mitigation Plan – Final Submittal and Commencement . . . 18.21 G. Surety Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 1. Required for Mitigation Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 2. Time Period – Wetlands, Streams, and Lakes. . . . . . . . . . . . . . . . . . . . 18.21 H. Aquifer Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 a. Aquifer Protection Area (APA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 b. Aquifer Protection Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 c. Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.22 d. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.22 e. Authority to Require Hydrogeologic Assessment. . . . . . . . . . . . . . . . 18.22 2. Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.22 a. Removal of Existing Facilities – Zone 1 . . . . . . . . . . . . . . . . . . . . . . 18.22 b. Existing Facilities Change in Quantities – Zone 1 . . . . . . . . . . . . . . 18.23 c. Existing Facilities – Allowances in Zone 2 . . . . . . . . . . . . . . . . . . . . 18.23 d. Requirements for Facilities – Zones 1 and 2 . . . . . . . . . . . . . . . . . . 18.23 3. Use of Pesticides and Nitrates – APA Zones 1 and 2 . . . . . . . . . . . . . . . . . 19 a. Use of Pesticides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 b. Nitrate-Containing Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. Wastewater Disposal Requirements – Zones 1 and 2. . . . . . . . . . . . . . . . . 19 5. Surface Water Requirements – Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . . . 19 6. Pipeline Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 a. Pipeline Requirements – Zone 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 b. Pipeline Requirements – Zone 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7. Construction Activity Standards – Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . 20 8. Fill Material Requirements – Zones 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . 20 9. Regulations for Existing Solid Waste Landfills – Zones 1 and 2 . . . . . . . 20.1 a. Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 b. Groundwater Monitoring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 10. Hazardous Materials – Release Restrictions – Zones 1 and 2 . . . . . . . . 20.1 I. Flood Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 a. Areas of Special Flood Hazard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 b. Mapping and Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.1 c. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 2. General Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 3 - v (Revised 3/13) SECTION PAGE NUMBER NUMBER a. Anchoring – All New Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 b. Anchoring – Manufactured Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 c. Construction Materials and Methods . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 d. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 e. Subdivision Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.2 f. Project Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.3 3. Specific Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.3 a. Residential Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.3 b. Manufactured Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.3 c. Nonresidential Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.4 d. Recreational Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.4 4. Additional Restrictions within Floodways . . . . . . . . . . . . . . . . . . . . . . . . . 20.4 a. Increase in Flood Levels Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5 b. Residential Construction in Floodways. . . . . . . . . . . . . . . . . . . . . . . . 20.5 c. Compliance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5 5. Critical Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5 6. Compensatory Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5 a. Compensatory Storage Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.5 b. Additional Requirements – Springbrook Creek. . . . . . . . . . . . . . . . . . 20.5 c. Determining Finished Floor Elevations According to FEMA. . . . . . . . 20.6 J. Geologic Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.6 1. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.6 a. Steep Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.6 b. Landslide Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.6 c. Erosion Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.6 d. Seismic Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.7 e. Coal Mine Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.7 f. Volcanic Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.7 g. Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.7 h. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.7 2. Special Studies Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.7 3. Independent Secondary Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 4. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 5. Protected Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 a. Prohibited Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 b. Exceptions through Modification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 c. Exceptions through Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 d. Exceptions through Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.8 e. Native Growth Protection Areas – Protected Slopes . . . . . . . . . . . . . 20.9 f. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 g. Coordination with Stream and Lake Buffers. . . . . . . . . . . . . . . . . . . . .20.9 6. Sensitive Slopes – Medium, High and Very High Landslide Hazards – High Erosion Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 a. Erosion Control Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 b. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 c. On-Site Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 (Revised 3/13)3 - vi SECTION PAGE NUMBER NUMBER 7. Very High Landslide Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 a. Prohibited Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 b. Buffer Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.9 c. Native Growth Protection Area – Very High Landslide Hazards . . . 20.10 8. Coal Mine Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.10 a. Medium Hazard – Report Required . . . . . . . . . . . . . . . . . . . . . . . . . 20.10 b. High Hazard – Report Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.10 c. Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.10 d. Hazards Found during Construction. . . . . . . . . . . . . . . . . . . . . . . . . 20.10 e. Construction in Areas with Combustion . . . . . . . . . . . . . . . . . . . . . . 20.10 9. Volcanic Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.10 K. Habitat Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 a. Critical Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 b. Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 c. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 2. Habitat Assessment Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 3. Bald Eagle Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 4. Native Growth Protection Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.11 5. Alterations Require Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 6. Mitigation Options. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 a. On-Site Mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 b. Off-Site Mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 c. In-Kind Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 7. Mitigation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 L. Streams and Lakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 1. Applicability/Lands to Which These Regulations Apply . . . . . . . . . . . . . . 20.12 a. Classification System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.12 b. Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.13 c. Maps and Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.13 2. Applicability – Activities to Which This Section Applies . . . . . . . . . . . . . . 20.14 3. Studies Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.14 a. When Standard Stream or Lake Study is Required . . . . . . . . . . . . . . 20.14 b. When Supplemental Stream or Lake Study is Required . . . . . . . . . . 20.15 c. When Stream or Lake Mitigation Plan is Required. . . . . . . . . . . . . . . 20.15 d. Studies Waived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.17 e. Period of Validity for Studies Associated with This Section . . . . . . . . 20.17 4. General Standards for Class 2 to 4 Waters . . . . . . . . . . . . . . . . . . . . . . . 20.17 a. Disturbance Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.17 b. No Net Loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.17 5. Stream/Lake Buffer Width Requirements. . . . . . . . . . . . . . . . . . . . . . . . . 20.17 a. Buffers and Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.17 b. Increased Buffer Width. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.18 c. Reduction of Buffer Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.18 d. Averaging of Buffer Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.20 6. Stream or Lake Buffer Use Restrictions and Maintenance . . . . . . . . . . . 20.20 a. Preservation of Native Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.20 3 - vii (Revised 3/13) SECTION PAGE NUMBER NUMBER b. Revegetation Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.20 c. Use of Native Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.20 d. Removal of Noxious Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.21 e. Impervious Surface Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.21 7. Criteria for Permit Approval – Class 2 to 4 . . . . . . . . . . . . . . . . . . . . . . .20.21 a. Creation of Native Growth Protection Areas Required. . . . . . . . . . . .20.21 8. Alterations Within Streams and Lakes or Associated Buffers . . . . . . . . .20.21 a. Transportation Crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.21 b. Alterations of Streams and Lakes or Associated Buffers – Utilities . .20.22 c. Alterations of Streams and Lakes or Associated Buffers – In-Water Structures and In-Water Work . . . . . . . . . . . . . . . . . . . . . . .20.22 d. Alterations of Streams and Lakes or Associated Buffers – Dredging.20.22 e. Alterations of Streams and Lakes or Associated Buffers – Stream Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.23 f. Alterations – Single Family Home – Existing Legal Lot . . . . . . . . . . .20.24 g. Alterations – Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.24 h. When Variance is Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.24 9. Incentives for Restoration of Streams Located in an Underground Pipe or Culvert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.24 a. Modified Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.24 M. Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.24 1. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.24 a. Classification System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.24 b. Maps and Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.25 c. Delineation of Wetland Edge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.25 d. Regulated and Nonregulated Wetlands . . . . . . . . . . . . . . . . . . . . . . .20.26 e. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.26 2. General Standards for Permit Approval . . . . . . . . . . . . . . . . . . . . . . . . . .20.26 3. Study Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.26 a. When Study Is Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.26 b. Study Waived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 4. Delineation of Regulatory Edge of Wetlands . . . . . . . . . . . . . . . . . . . . . 20.27 a. Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 b. Delineations – Open Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 c. Adjustments to Delineation by City. . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 d. Period of Validity for Wetland Delineation . . . . . . . . . . . . . . . . . . . . 20.27 5. Determination of Wetland Classification. . . . . . . . . . . . . . . . . . . . . . . . . 20.27 6. Wetland Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 a. Buffers Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.27 b. Measurement of Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.28 c. Standard Buffer Zone Widths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.28 d. Increased Wetland Buffer Zone Width . . . . . . . . . . . . . . . . . . . . . . . 20.28 e. Reduction of Buffer Width. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.29 f. Averaging of Buffer Width. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.30 7. Wetlands – Native Growth Protection Areas . . . . . . . . . . . . . . . . . . . . . 20.30 8. Wetland Changes – Alternative Methods of Development. . . . . . . . . . . 20.30 (Revised 3/13)3 - viii SECTION PAGE NUMBER NUMBER 9. Compensating for Wetlands Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 a. Goal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 b. Plan Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 c. Plan Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 d. Acceptable Mitigation – Permanent Wetland Impacts . . . . . . . . . . . 20.31 e. Restoration, Creation, or Combined Enhancement Required – Compensation for Permanent Wetland Impacts. . . . . . . . . . . . . . . . 20.31 f. Compensating for Temporary Wetland Impacts. . . . . . . . . . . . . . . . 20.31 g. Mitigation Bank Agreement – Glacier Park Company . . . . . . . . . . . 20.31 10. Wetland Compensation – Restoration, Creation, and Enhancement. . . 20.31 11. Wetlands Creation and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 a. Creation or Restoration Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . 20.31 b. Compliance with Goals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.32 c. Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.32 d. Design Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.32 e. Acreage Replacement Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.32 f. Increased Creation/Restoration/Replacement Ratios . . . . . . . . . . . 20.33 g. Decreased Creation/Restoration/Replacement Ratios. . . . . . . . . . . 20.33 h. Category 3 Replacement Option . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.33 i. Minimum Restoration/Creation Ratio . . . . . . . . . . . . . . . . . . . . . . . . 20.33 12. Wetland Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.34 a. Enhancement Proposals – Combined with Restoration and Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.34 b. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.34 c. Wetlands Chosen for Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . 20.34 d. Mitigation Ratios. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.34 e. Ratio Modification and Minimum Restoration/Creation Ratio. . . . . . 20.35 13. Out-of-Kind Replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.35 14. Off-Site Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.35 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.35 b. Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.35 c. Siting Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 d. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs (SAMP) . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 b. Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 c. Mitigation Banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.36 d. Special Area Management Programs . . . . . . . . . . . . . . . . . . . . . . . 20.36 e. Compensation Payments to Mitigation Bank . . . . . . . . . . . . . . . . . . 20.37 16. Mitigation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 a. Required for Restoration, Creation and Enhancement Projects . . . 20.37 b. Timing for Mitigation Plan Submittal and Commencement of any Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 c. Content of Mitigation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 d. Performance Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 3 - ix (Revised 3/13) SECTION PAGE NUMBER NUMBER N. Alternates, Modifications and Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 1. Alternates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 2. Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 a. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.37 3. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.39 a. Aquifer Protection – Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.39 b. Flood Hazards – Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.39 c. Geologic Hazards, Habitat Conservation, Streams and Lakes – Classes 2 to 4, and Wetlands – Variance. . . . . . . . . . . . . . . . . . . . . 20.39 O. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.39 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.39 2. Record Required – Flood Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 P. Assessment Relief – Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 1. City Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.40 Q. Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 1. Aquifer Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 2. Flood Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 3. Geologic Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 a. Coal Mine Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 b. Erosion Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 c. Landslide Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.40 d. Seismic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.41 e. Steep Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.41 f. Volcanic Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.42 4. Streams and Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.42 5. Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.42 6. Drainage Basins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20.42 R. Generic Hazardous Materials List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.54 S. Pipeline Material. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.55 4-3-060 (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4-3-070 PIPELINE NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 A. Purpose and Applicabiltiy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Required Notice on Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4-3-080 PUBLIC USE/“P” SUFFIX NOTIFICATION PROCEDURES . . . . . . . . . . . . . 21 A. Notice Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Notice Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 C. Meeting Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 D. Special Height Allowances for Publicly Owned Structures. . . . . . . . . . . . . . . . 21 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS . . . . . . . . . . . . . . . . . . . 21 A. Program Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Regulated Shorelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Shorelines of Statewide Significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Shorelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. The Jurisdictional Area Includes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 C. Shorelines Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Natural Environment Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (Revised 3/13)3 - x SECTION PAGE NUMBER NUMBER a. Designation of the Natural Environment Overlay District . . . . . . . . . . . . 22 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 2. Urban Conservancy Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 a. Designation of the Shoreline Urban Conservancy Environment Overlay District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.1 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3. Single Family Residential Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. Designation of the Single Family Residential Overlay . . . . . . . . . . . . . . 23 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4. Shoreline High Intensity Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. Designation of the High Intensity Overlay District . . . . . . . . . . . . . . . . . 23 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 5. Shoreline High Intensity – Isolated Lands – Overlay District . . . . . . . . . . . . 24 a. Designation of the High Intensity – Isolated Lands – Overlay District . . 24 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6. Aquatic Shoreline Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 a. Designation of the Aquatic Overlay District . . . . . . . . . . . . . . . . . . . . . . 24 b. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 c. Acceptable Activities and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 D. General Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Environmental Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 a. No Net Loss of Ecological Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 b. Burden on Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 c. Critical Areas within Shoreline Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 25 d. Wetlands within Shoreline Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . 27 e. Development Standards for Aquatic Habitat . . . . . . . . . . . . . . . . . . . . . 35 3. Use Compatibility and Aesthetic Effects. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. View Obstruction and Visual Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 c. Community Disturbances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 d. Design Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 e. Screening Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 4. Public Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 a. Physical or Visual Access Required for New Development . . . . . . . . . . 37 b. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 c. Criteria for Modification of Public Access Requirements . . . . . . . . . . . . 37 3 - xi (Revised 12/11) SECTION PAGE NUMBER NUMBER d. Design Criteria for Public Access Sites . . . . . . . . . . . . . . . . . . . . . . . . . 38 e. Public Access Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . 39 f. Public Access Requirements by Reach . . . . . . . . . . . . . . . . . . . . . . . . . 40 5. Building and Development Location – Shoreline Orientation. . . . . . . . . . .40.3 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.3 b. Design and Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . .40.3 6. Archaeological, Historical, and Cultural Resources . . . . . . . . . . . . . . . . . .40.4 a. Detailed Cultural Assessments May Be Required . . . . . . . . . . . . . . . .40.4 b. Coordination Encouraged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 c. Detailed Cultural Assessments Required. . . . . . . . . . . . . . . . . . . . . . .40.4 d. Work to Stop Upon Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 e. Access for Educational Purposes Encouraged . . . . . . . . . . . . . . . . . .40.4 7. Standards for Density, Setbacks, and Height. . . . . . . . . . . . . . . . . . . . . . .40.4 a. Shoreline Bulk Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.4 b. City-Wide Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . .40.9 c. Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.9 d. Activities Exempt from Buffers and Setbacks. . . . . . . . . . . . . . . . . . . .40.9 8. Private Property Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 9. Treaty Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 E. Use Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.10 1. Shoreline Use Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.10 2. Aquaculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 a. No Net Loss Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 b. Aesthetics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 c. Structure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 3. Boat Launching Ramps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 a. Boat Launching Ramps Shall Be Public. . . . . . . . . . . . . . . . . . . . . . .40.16 b. No Net Loss Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 c. Consideration of Impacts on Adjacent Uses. . . . . . . . . . . . . . . . . . . .40.16 d. Water and Shore Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 e. Topography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 f. Design to Ensure Minimal Impact. . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 g. Surface Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.16 h. Shore Facilities Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 4. Commercial and Community Services . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 a. Use Preference and Priorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.17 b. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 c. Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 d. Scenic and Aesthetic Qualities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 5. Industrial Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 a. Use Preferences and Priorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.18 b. Clustering of Non-Water-Oriented . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 c. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 d. Materials Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 e. No Discharge Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.19 f. Offshore Log Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.20 g. Scenic and Aesthetic Qualities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.20 (Revised 12/11)3 - xii SECTION PAGE NUMBER NUMBER 6. Marinas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 b. Lake Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 c. Location Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 d. Design Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.20 e. Operation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.21 7. Piers and Docks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.22 a. General Criteria for Use and Approval of All New or Expanded Piers and Docks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.22 b. Additional Criteria for New or Expanded Residential Docks. . . . . . . . 40.22 c. Design Criteria – General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.24 d. Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.25 e. Maintenance and Repair of Docks . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.28 f. Buoy and Float Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 g. Variance to Dock and Pier Dimensions . . . . . . . . . . . . . . . . . . . . . . . 40.29 8. Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 a. When Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.29 b. Location Relative to the Shoreline . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 c. Over-Water Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 d. Public Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 e. Private Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.30 9. Residential Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 a. Single Family Priority Use and Other Residential Uses . . . . . . . . . . . 40.31 b. General Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 c. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 d. Shoreline Stabilization Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.31 e. Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 f. Vegetation Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 g. New Private Docks Restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 h. Floating Residences Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 10. Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 a. General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 b. Roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.32 c. Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 d. Trails. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 e. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.33 f. Aviation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.34 11. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.35 a. Criteria for All Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.35 b. Special Considerations for Pipelines . . . . . . . . . . . . . . . . . . . . . . . . . 40.37 c. Major Utilities – Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.37 d. Local Service Utilities, Specifications. . . . . . . . . . . . . . . . . . . . . . . . . 40.38 F. Shoreline Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.40 1. Vegetation Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.40 a. Standard Vegetation Conservation Buffer Width . . . . . . . . . . . . . . . . 40.40 b. Vegetation Conservation Buffer Widths by Reach . . . . . . . . . . . . . . . 40.40 3 - xiii (Revised 3/13) SECTION PAGE NUMBER NUMBER c. Alternative Vegetated Buffer Widths and Setbacks for Existing Single Family Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.40 d. Reduction of Vegetated Buffer or Setback Width. . . . . . . . . . . . . . . .40.41 e. Increased Buffer Widths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 f. Averaging of Buffer Width. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 g. Buffer Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 h. Exemption Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.43 i. Vegetation Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.44 j. Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.45 k. Off-Site Vegetation Conservation Fund . . . . . . . . . . . . . . . . . . . . . . .40.45 l. Vegetation Conservation Buffer Standards by Reach . . . . . . . . . . . .40.45 2. Landfill and Excavation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 a. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 b. Criteria for Allowing Landfills and Excavations Below Ordinary High Water Mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 c. Review Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.48 d. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 e. Shoreline Conditional Use Required . . . . . . . . . . . . . . . . . . . . . . . . .40.49 3. Dredging. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 a. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 b. Dredging Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.49 c. Dredging Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.50 d. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.50 e. Shoreline Conditional Use Required . . . . . . . . . . . . . . . . . . . . . . . . .40.51 4. Shoreline Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.52 a. General Criteria for New or Expanded Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.52 b. Design Criteria for New or Expanded Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.55 c. Existing Shoreline Stabilization Structures. . . . . . . . . . . . . . . . . . . . .40.55 5. Flood Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 a. Permitted Flood Control Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 b. Prohibited Flood Control Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 c. Long-Term Compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 d. Criteria for Allowing Flood Control Projects . . . . . . . . . . . . . . . . . . . .40.56 e. Native Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 f. Consideration of Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40.56 g. Public Access Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6. Stream Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 a. Definition of Stream Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 b. Alterations to Be Minimized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 c. Allowed if No Feasible Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 d. Allowed for Flood Hazard Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 e. Prohibited Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 f. Detriment to Adjacent Parcels Prohibited. . . . . . . . . . . . . . . . . . . . . . . . 41 g. Applicant’s Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 h. Professional Design Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 i. Impacts to Aquatic Life to Be Minimized. . . . . . . . . . . . . . . . . . . . . . . . . 41 (Revised 3/13)3 - xiv SECTION PAGE NUMBER NUMBER j. Flow Levels to Be Maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 k. Conditional Use Required in a Channel Migration Zone (CMZ). . . . . . . 41 4-3-095 (Deleted by Ord. 5286, 5-14-2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4-3-100 URBAN DESIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 B. Applicability and Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2. Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Interior Remodels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Aircraft Manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 E. Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Site Design and Building Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Parking and Vehicular Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 3. Pedestrian Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 4. Recreation Areas and Common Open Space . . . . . . . . . . . . . . . . . . . . . . . 61 5. Building Architectural Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 6. Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 7. Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 F. Modification of Minimum Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 G. Exceptions for Districts ‘A’ and ‘B’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 H. Variance (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 I. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4-3-105 (Deleted by Ord. 4992, 12-9-2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4-3-110 URBAN SEPARATOR OVERLAY REGULATIONS . . . . . . . . . . . . . . . . . . . . . 73 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 C. Urban Separators Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. May Valley Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2. Talbot Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 3. Soos Creek Urban Separator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.1 4. Lake Desire Urban Separator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.2 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1. Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 E. Urban Separator Overlay Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1. Contiguous Open Space Corridor Established. . . . . . . . . . . . . . . . . . . . . . . 75 2. Dedication of Open Space Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 3. Uses Allowed in Contiguous Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . 75 4. Uses in Portions of the Urban Separator Outside the Established Contiguous Open Space Corridor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 5. Standards Within Entire Urban Separator . . . . . . . . . . . . . . . . . . . . . . . . . . 76 6. Modification of Mapped Contiguous Open Space . . . . . . . . . . . . . . . . . . . . 77 3 - xv (Revised 3/13) SECTION PAGE NUMBER NUMBER 4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 77 A. Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 B. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 C. Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 4-3-010D 3 - 1 (Revised 8/11) 4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS: (Amd. Ord. 4827, 1-24-2000) A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, pano- rams, adult retail uses, and places of adult enter- tainment are prohibited: 1. Within one thousand feet (1,000') of any residential zone or any single family or multi- ple family residential use; and 2. Within one thousand feet (1,000') of any public or private elementary or secondary school; and 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool; and 4. Within one thousand feet (1,000') of any facility or institution used primarily for reli- gious purposes; and 5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail; and 6. Within one thousand feet (1,000') of any other established adult motion picture the- ater, peep show, panoram, adult retail use, or place of adult entertainment; and 7. Within one thousand feet (1,000') of an alcohol-serving tavern, bar, dance hall, res- taurant or similar business; and 8. The City retains the discretion, when rare circumstances exist, to permit a use closer than the delineated setback distance if natu- ral features such as a wetland, natural area or creek or a built feature such as a major road creates an actual setback that is greater than the direct line setback. (Amd. Ord. 4773, 3-22-1999; Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011) B. EXCEPTIONS: Adult retail uses and adult entertainment busi- nesses, as defined herein, shall be permitted pro- vided the following geographic criteria can be met: 1. Located within those zones of the Em- ployment Area Valley (EAV) land use desig- nation; 2. Located south of and not facing SW 16th Street; 3. Located west of and not facing East Val- ley Highway; 4. Not located within one thousand feet (1,000') of any established adult motion pic- ture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 5. Not located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertain- ment; and a. Parcels located along or taking pri- mary access from the same street with- out a bisecting primary arterial shall be considered to share the same street frontage. b. Parcels located within five hundred feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. 6. Not located on or between SW 43rd and SW 41st Streets; and 7. Not located within one thousand feet (1,000') of the Boeing “Longacres” property. (Ord. 5597, 4-25-2011) C. MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without re- gard to intervening buildings, from the nearest point of the property parcel upon which the pro- posed use is to be located to the nearest point of the parcel of property, street or land use district boundary line from which the proposed land use is to be separated. (Ord. 5597, 4-25-2011) D. LIABILITY: Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City regulation or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful 4-3-020E (Revised 8/11)3 - 2 matter or the exhibition or public display thereof. (Ord. 5597, 4-25-2011) E. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Violation of this Section on adult retail and enter- tainment regulations is declared to be a public nuisance per se, which may be abated by the City by way of civil abatement procedures, RMC 1-3-3, or RMC 1-3-2, Civil Penalties, or both, and not by criminal prosecution. (Ord. 4261, 2-26-1990; Ord. 5159, 10-17-2005; Ord. 5597, 4-25-2011) F. NONCONFORMING USES: 1. Amortization Schedule: Any adult en- tertainment, activity, use, or retail use located within the City limits on the effective date of Ordinance No. 4827 (February 27, 2000) that is made nonconforming by this Section shall be terminated within one year. 2. Extension Requests. a. Timing: Such termination date may be extended upon the approval of an ap- plication filed with the City within one hundred twenty (120) days of the effec- tive date of the ordinance codified in this Section requesting an extension to such one-year amortization period. b. Decision Criteria: The administra- tive decision on whether or not to ap- prove any extension period and the length of such period shall be based upon the applicant demonstrating a sig- nificant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including, but not limited to, fixed assets and tenant im- provements. A determination of signifi- cant economic hardship shall be based upon the degree to which the require- ments of this Section diminish the viabil- ity of the business or precludes reasonable alternative uses of the sub- ject property. c. Process: The extension request shall be processed as a Type V proce- dure pursuant to RMC 4-8-080G. d. Maximum Extension Period: No extension period shall be greater than one year. e. Appeals: Rights to appeal the deci- sion are governed by the provisions of RMC 4-8-110E8 and F6. (Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011) 4-3-020 AIRPORT RELATED HEIGHT AND USE RESTRICTIONS: A. AIRPORT INFLUENCE AREA ESTABLISHED: In order to regulate the use of property in the vi- cinity of the airport, all of the land within Safety Zones 1 through 6 of the Renton Municipal Airport shall be known as the Airport Influence Area, as shown in subsection F of this Section. (Ord. 5029, 11-24-03) B. HEIGHT LIMITS: Except as otherwise provided in this Code, no structure or tree shall penetrate the Federal Avia- tion Regulation Part 77 Objects Affecting Naviga- ble Airspace, as shown in subsection G of this Section. (Ord. 1542, 4-17-1956; Ord. 1829, 5-17-1960; Amd. Ord. 5029, 11-24-03) C. USE RESTRICTIONS: 1. Notwithstanding any other provisions of this Code, no use may be made of land within Airport Safety Zones 1 through 4, as shown in subsection F of this Section, in such a man- ner as to create electrical interference with ra- dio communication between the airport and aircraft, making it difficult for fliers to distin- guish between airport lights and others, result in glare in the eyes of fliers using the airport, impair visibility in the vicinity thereof, or other- wise endanger the landing, taking off, or ma- neuvering of aircraft. 2. Places of public assembly in the Airport Influence Area, as shown in subsection F of this Section, may be conditioned in terms of frequency of use, time of use, and number of people assembled. 3. Residential uses may be conditioned in relation to residential density in the Airport In- fluence Area, as shown in subsection F of this Section. 4-3-020E 3 - 2.1 (Revised 8/11) 4. Nonresidential uses may be conditioned in relation to intensity of use in the Airport In- fluence Area, as shown in subsection F of this Section. 5. Bird attractants, such as uncovered refuse dumpsters, and uses that produce smoke, dust, glare, vapor, gasses or other emissions may be restricted in the Airport In- fluence Area, as shown in subsection F of this Section. 6. Noise-sensitive uses shall be prohibited from locating within the 65 DNL (or higher) noise contour of the Renton Municipal Air- port, as shown in subsection H of this Sec- tion. (Ord. 5029, 11-24-03) D. HAZARD MARKING AND LIGHTING: Any permit or variance granted as provided in this Section and affecting Airport Safety Zones 1 through 4, as shown in subsection F of this Sec- tion, shall be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain thereon, at the owner’s own expense, such markers and lights as may be nec- essary to give adequate notice to aircraft of the presence of such airport hazard. E. SAFETY VERIFICATION AND NOTIFICATION: 1. Land Use Permit Master Applications for proposed projects to be located within the Air- port Influence Area shall require one of the following: a. A certificate from an engineer or land surveyor, that clearly states that the pro- posed use will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section); or b. The maximum elevation of proposed buildings or structures based on the es- tablished airport elevation reference da- tum will not penetrate the Federal Aviation Administration Regulation Part 77 Objects Affecting Navigable Airspace (subsection G of this Section). Elevations shall be determined by an engineer or land surveyor. 2. Within the Airport Influence Area, as shown in subsection F of this Section, disclo- sure notice shall be placed on land title when (Revised 8/11)3 - 2.2 This page left intentionally blank. 4-3-020E 3 - 3 (Revised 1/05) property is subdivided, or as part of approval of conditional use permits, special use per- mits, building permits, or other SEPA nonex- empt projects. Such notice may relate to noise, low overhead flights, aviation opera- tions that create high levels of noise, or avia- tion operations at night when there is greater sensitivity to noise. 3. Prior to approval of residential land use or other land uses where noise-sensitive ac- tivities may occur within the Airport Influence Area, as shown in subsection F of this Sec- tion, an avigation easement shall be granted to the City of Renton. The avigation ease- ment shall be approved by the City Attorney prior to recording. 4. Prior to approval of land uses where avi- ation overflight may occur within the Airport Influence Area, as shown in subsection F of this Section, an avigation easement shall be granted to the City of Renton. The avigation easement shall be approved by the City Attor- ney prior to recording. 5. Applicants for projects located within the Airport Influence Area shall submit a descrip- tion of construction and a construction sched- ule prior to issuance of building permits to prevent construction equipment, such as cranes, from penetrating the airspace without prior notification to responsible parties. (Ord. 1542, 4-17-1956; Amd. Ord. 5029, 11-24- 03; Ord. 5100, 11-1-04) 4-3-020F (Revised 1/05)3 - 4 F. AIRPORT INFLUENCE AREA MAP: (Ord. 5029, 11-24-03; Ord. 5100, 11-1-04) 4-3-020G 3 - 5 (Revised 1/05) G. FEDERAL AVIATION REGULATION PART 77 OBJECTS AFFECTING NAVIGABLE AIRSPACE: (Ord. 5100, 11-1-04) 4-3-020H (Revised 1/05)3 - 6 H. RENTON MUNICIPAL AIRPORT ANNUAL AVERAGE NOISE EXPOSURE MAP: (Ord. 5029, 11-24-03; Ord. 5100, 11-1-04) 4-3-040B 3 - 7 (Revised 3/13) 4-3-030 (Reserved) 4-3-040 COMMERCIAL CORRIDOR BUSINESS DESIGNATIONS: A. PURPOSE: These regulations establish development stan- dards to implement the Commercial Corridor Comprehensive Plan designation and the Renton Automall District. These regulations guide the re- development of the Automall District. (Ord. 5191, 12-12-2005; Ord. 5437, 12-8-2008) B. APPLICABILITY – RENTON AUTOMALL DISTRICT: 1. Automall Area A: Those properties within the areas bounded by Grady Way S. on the north, Rainier Avenue S. (SR-167) on the east, I-405 on the south, and Seneca Avenue S. on the west, and that area bounded by S.W. Grady Way on the north, Raymond Av- enue 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 de- scribed 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, Ray- mond Avenue S.W. on the west, and I-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 Av- enue S. on the east, a north/south line ap- proximately four hundred feet (400') west of Raymond Avenue S.W. on the west, and I- 405 on the south; 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 Rain- ier Avenue S., then north from this point ap- proximately 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 ap- proximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the rail- road right-of-way approximately two hundred thirty five feet (235') to Hardie Avenue and then south along Hardie Avenue to the begin- ning point; 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 approx- imately 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 be- tween Rainier Avenue on the west and Shat- tuck 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 ap- proximately one hundred fifty feet (150') north 4-3-040C (Revised 3/13)3 - 8 of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east; and 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 I-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 I-405 on the south. (Ord. 5191, 12-12-2005; Ord. 5355, 2-25-2008; Ord. 5437, 12-8-2008; Ord. 5675, 12-3-2012) C. USES PERMITTED IN THE RENTON AUTOMALL IMPROVEMENT DISTRICT: The following use provisions take precedence over the underlying zoning: USES ALLOWED IN AREA A Only the following uses are permitted within Automall Area A USES ALLOWED IN AREA B Within the CA Zone: Auto, motorcycle, snowmobile, lawn and garden equipment, and passenger truck sales; Secondary uses including: Licensing bureaus, car rentals, public parking, and other uses determined by the Zoning Administrator to directly support dealerships; Within the IM Zone: Auto, motorcycle, snowmobile, lawn and garden equipment, passenger truck sales, and existing office; Secondary uses including: Licensing bureaus, car rentals, public parking, off- site parking consistent with RMC 4-4-080E2 and other uses determined by the Zoning Administrator to directly support dealerships. All uses permitted by the underlying zoning 4-3-040D 3 - 9 (Revised 3/13) D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON AUTOMALL – AREAS A AND B: All permitted uses in Area A and all auto sales and related uses in Area B of the Renton Automall shall com- ply with the following development standards: ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREA B NON-DEALERSHIPS AND RELATED USES IN AREA B SERVICE AREA ORIENTATION Service areas shall not face public street frontage. Service areas shall not face public street frontage. LANDSCAPING – STREET FRONTAGE LANDSCAPING REQUIREMENTS for lots which abut Lind Avenue S.W., S.W. Grady Way, Talbot Road S. (SR-515) and Rainier Avenue S. A 15-foot-wide landscape strip along these street frontages. This frontage requirement is in lieu of the frontage requirement listed for the zone in chapter 4-2 RMC. Unimproved portions of the right-of-way may be used in combination with abutting private property to meet the required 15-foot landscape strip width. The landscaping shall include a minimum 30-inch-high berm and red maples (Acer rubrum) planted 25 feet on center. Pursuant to landscaping requirements listed in chapter 4-2 RMC (requirements for the underlying zone) and RMC 4-4-070. LANDSCAPING – MINIMUM AMOUNT AND LOCATION Minimum 2.5% of the gross site area shall be provided as on-site landscaping. Landscaping shall be consolidated and located at site entries, building fronts, or other visually prominent locations as approved through the site plan development review process. Pursuant to landscaping requirements listed in chapter 4-2 RMC (requirements for the underlying zone) and RMC 4-4-070. WHEEL STOPS If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. CUSTOMER PARKING Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with abutting dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with abutting dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. 4-3-040E (Revised 3/13)3 - 10 (Amd. Ord. 5355, 2-25-2008; Ord. 5676, 12-3-2012) E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS LOCATED WITHIN THE RENTON AUTOMALL AREA A: All street vacation fees and compensation for the right-of-way may be waived by the Council for de- veloping properties in Area A, provided: 1. The properties are designated to be va- cated on the Automall Improvement Plan Map, 2. The application for street vacation con- forms to RMC 9-14-10, Administrative Proce- dure for Right-of-Way Vacations, and 3. The uses proposed conform to subsec- tion C of this Section. (Amd. Ord. 4749, 10-19-1998) F. Reserved. (Amd. Ord. 5331, 12-10-2007; Ord. 5437, 12-8-2008) AUTOMALL RIGHT-OF-WAY IMPROVEMENT PLAN COORDINATION Development shall be coordinated with the adopted right-of-way improvement plan which addresses gateways, signage, landscaping, and shared access. Development shall be coordinated with the adopted right-of-way improvement plan which addresses gateways, signage, landscaping, and shared access. AUTOMALL IMPROVEMENT PLAN COMPLIANCE All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access. All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access. MODIFICATIONS Where full compliance with these provisions would create a hardship for existing uses undergoing major modifications, the Zoning Administrator may modify them. Hardship for existing uses may result from existing lot coverage, existing siting of buildings, etc., which preclude full compliance. ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREA B NON-DEALERSHIPS AND RELATED USES IN AREA B 4-3-040G 3 - 11 (Revised 3/13) G. MAPS OF AUTOMALL OVERLAY DISTRICTS: (Amd. Ord. 5355, 2-25-2008; Ord. 5675, 12-3-2012) 4-3-050A (Revised 3/13)3 - 12 4-3-050 CRITICAL AREAS REGULATIONS: A. PURPOSE: 1. General: The purposes of this section are to: a. Manage development activities to protect environmental quality; b. Assist or further the implementation of the policies of the Growth Manage- ment Act, the State Environmental Policy Act, chapter 43.21C RCW, and the City Comprehensive Plan; c. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals with regard to critical area impacts; d. Protect the public life, health, safety, welfare, and property by minimizing and managing the adverse environmental im- pacts of development within and abutting critical areas; and e. Protect the public from: i. Preventable maintenance and re- placement of public facilities needed when critical area functioning is im- paired; ii. Unnecessary costs for public emergency rescue and relief opera- tions; and iii. Potential litigation on improper construction practices occurring in critical areas. 2. Aquifer Protection: The overall purpose of the aquifer protection regulations is to pro- tect aquifers used as potable water supply sources by the City from contamination by hazardous materials. Other specific purposes include: a. Protect the groundwater resources of the City; b. Provide a means of regulating spe- cific land uses within aquifer protection areas; c. Provide a means of establishing safe construction practices for projects built within an aquifer protection area; and d. Protect the City’s drinking water sup- ply from impacts by facilities that store, handle, treat, use, or produce sub- stances that pose a hazard to groundwa- ter quality. 3. Flood Hazards: It is the purpose of the flood hazard regulations to: a. Minimize public and private losses due to flood conditions in specific areas; and b. Minimize expenditure of public money and costly flood control projects; and c. Minimize the need for rescue and re- lief efforts associated with flooding and generally undertaken at the expense of the general public; and d. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in ar- eas of special flood hazard; and e. Help maintain a stable tax base by providing for the sound use and develop- ment of areas of special flood hazard so as to minimize future flood blight areas; and f. Ensure that those who occupy the ar- eas of special flood hazard assume re- sponsibility for their actions. 4. Geologic Hazards: The purposes of the geologic hazard regulations are to: a. Minimize damage due to landslide, subsidence or erosion through the con- trol of development; and b. Protect the public against avoidable losses due to maintenance and replace- ment of public facilities, property dam- 4-3-050B 3 - 13 (Revised 6/09) age, subsidy cost of public mitigation of avoidable impacts, and costs for public emergency rescue and relief operations; and c. Reduce the risks to the City and its citizens from development occurring on unstable slopes; and d. Control erosion and sediment run-off from development. 5. Habitat Conservation: The primary pur- pose of habitat conservation regulations is to minimize impacts to critical habitats and to re- store and enhance degraded or lower quality habitat in order to: a. Maintain and promote diversity of species and habitat within the City; and b. Coordinate habitat protection with the City’s open space system, whenever possible, to maintain and provide habitat connections; and c. Help maintain air and water quality, and control erosion; and d. Serve as areas for recreation, educa- tion, scientific study, and aesthetic appre- ciation. 6. Streams and Lakes: The purposes of the stream and lake regulations are to: a. Protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, re- cruitment of woody debris, leaf litter, nu- trients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife; and b. Prevent the loss of riparian acreage and functions and strive for a net gain over present conditions through restora- tion where feasible; and c. Protect aquatic habitat for salmonid species. Other fish/aquatic species are addressed through Habitat Conservation regulations (see subsection A5 of this Section). 7. Wetlands: The purposes of the wetland regulations are to: a. Ensure that activities in or affecting wetlands do not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values; and b. Preserve, protect and restore wet- lands by regulating development within them and around them; and c. Protect the public from costs associ- ated with repair of downstream proper- ties resulting from erosion and flooding due to the loss of water storage capacity provided by wetlands; and d. Prevent the loss of wetland acreage and functions and strive for a net gain over present conditions. (Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005) B. APPLICABILITY – CRITICAL AREAS DESIGNATIONS/MAPPING: 1. Lands to Which These Regulations Apply: The following critical areas, classified in subsections H1 through M1of this Section, are regulated by this Section: a. Aquifer protection areas. b. Areas of special flood hazard. c. Sensitive slopes, twenty five percent (25%) to forty percent (40%) and pro- tected slopes, forty percent (40%) or greater. d. Medium, high, and very high land- slide hazard areas. e. High erosion hazards. f. High seismic hazards. g. Medium and high coal mine hazards. h. Volcanic hazard areas. i. Critical habitats. 4-3-050C (Revised 6/09)3 - 14 j. Streams and Lakes. i. All applicable requirements of this Section apply to Class 2 to 4 water bodies, as classified in subsection L1 of this Section. ii. Class 5 water bodies, classified in subsection L1 of this Section, are exempt from all provisions of this Section. iii. Class 1 water bodies, defined in subsection L1 of this Section, are not subject to this section, and are regu- lated in RMC 4-3-090, Shoreline Master Program Regulations, and RMC 4-9-197, Shoreline Permits. k. Wetlands, Categories 1, 2 and 3. 2. Mapping – General: a. The exact boundary of each critical area depicted on maps referenced herein is approximate and is intended only to provide an indication of the presence of a critical area on a particular site. Addi- tional critical areas may be present on a site. The actual presence of critical areas and the applicability of these regulations shall be based upon the classification cri- teria for each critical area. b. The Public Works Department shall provide an annual docket process to up- date the maps. As of the effective date of the ordinance codified in this section (April 25, 2005), critical area reports pre- pared for permit applications shall be in- corporated into critical area mapping as part of the annual docket process. As a result of studies prepared through the permit application process, where the City requires increased buffers rather than standard buffers, it shall be noted on the map. (Ord. 5450, 3-2-2009) 3. Reports and Submittal Requirements: Study requirements and submittal require- ments are required in each regulated critical area as follows: a. General Submittal Requirements – All Critical Areas: See subsection F of this Section, Submittal Requirements and Fees, and RMC 4-8-120, Submittal Requirements Specific to Application Type. b. Exempt Activities, Study Require- ments: See subsection C4c of this Sec- tion, Reports and Mitigation Plans Required. c. Aquifer Protection Area Permit Submittal Requirements: See subsec- tion H1e of this Section and 4-9-015E. d. Flood Hazard Data: Flood hazard data is to be applied pursuant to subsec- tion I1b of this Section, Mapping and Documentation. e. Geologic Hazards Special Studies Required: See subsection J2 of this Sec- tion, Special Studies Required. f. Habitat Conservation Assessment Required: See subsection K2 of this Section, Habitat Assessment Required. g. Streams and Lakes Studies Re- quired: See subsection L3 of this Sec- tion, Studies Required. h. Wetlands Studies Required: See subsection M3 of this Section, Study Re- quired. (Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5137, 4-25-2005) C. APPLICABILITY – EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Applicability: Unless determined to be exempt from permitting and standards, all proposed development, fill, and activities in regulated critical areas and their buffers shall comply with the requirements of this Section. Expansion or alteration of existing activities shall also comply with the requirements of this Section. Any person seeking to deter- mine whether a proposed activity or land area is subject to this Section may request in writ- ing a determination from the City. Such a re- quest for determination shall contain the information requirements specified by the Department Administrator. 4-3-050C 3 - 15 (Revised 6/05) a. Aquifer Protection Areas – Com- pliance with Regulations: The following developments, facilities, uses and activi- ties shall comply with the applicable pro- visions and restrictions of this Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the APA zone in which the de- velopments, facilities, uses and activities are located, except as preempted by Federal or State law: i. Development Permits: Devel- opment permits shall be reviewed for compliance with the aquifer protec- tion requirements of this Section. ii. Facilities: Facilities, as defined in RMC 4-11-060, Definitions F, which are existing, new, or to be closed, are subject to this Section as specified below: (a) Existing Facilities: All owners of facilities which store, handle, treat, use, or produce hazardous materials or have done so in the past must comply with the permit requirements, re- lease reporting requirements, and closure requirements as set forth in this Section; (b) Existing Facilities – Limi- tation on Material Increase: In Zone 1 of an APA, no change in operations at a facility shall be al- lowed that increases the quanti- ties of hazardous materials stored, handled, treated, used, or produced in excess of quanti- ties reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of haz- ardous materials is allowed up to the amount allowed for a new fa- cility in Zone 1 as provided by subsection C8d(i) of this Section, Prohibited Activities – Aquifer Protection Areas, Zone 1; (c) New Facilities: All propos- als for new facilities within any zone of an aquifer protection area must be reviewed for com- pliance with this Section prior to issuance of any development permits for uses in which hazard- ous materials are stored, han- dled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or pro- duced; (d) Abandonment: No person, persons, corporation or other le- gal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facil- ity in an APA without complying with the requirements of RMC 4-9-015F, Closure Permit, and permit conditions of this Section; iii. Hazardous Materials – Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat, use, or pro- duce a hazardous material as de- fined by chapter 4-11 RMC, Definitions, shall be subject to the re- quirements of this Section, and as further specified below: (a) All applications for develop- ment permits for uses in which hazardous materials are stored, handled, treated, used or pro- duced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the APA must be reviewed for com- pliance with this Chapter by the Department prior to approval. (b) The focus of review for all permits will be on the hazardous materials that will be stored, han- dled, treated, used, or produced; and the potential for these sub- stances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submit- ted to the Department upon ap- plication for a development permit. 4-3-050C (Revised 6/05)3 - 16 (d) Where required by the De- partment, plans and specifica- tions for secondary containment shall be submitted and shall comply with subsection H2d(i) of this Section, Secondary Contain- ment – Zones 1 and 2. Develop- ment permits shall not be issued until plans and specifications for secondary containment, if re- quired, have been approved by the Department. (e) The Generic Hazardous Materials List attached and in- corporated as subsection R of this Section is provided for infor- mational purposes. iv. Application of Pesticides and Nitrates: Persons who apply pesti- cides and/or fertilizer containing ni- trate in the APA, except for homeowners applying only to their own property, shall comply with sub- section H3 of this Section, Use of Pesticides and Nitrates – APA Zones 1 and 2. v. Construction Activities: Per- sons engaged in construction activi- ties as defined in RMC 4-11-030, Definitions C, shall comply with sub- section H7 of this Section, Construc- tion Activity Standards – Zones 1 and 2, and RMC 4-4-030C8, Construc- tion Activity Standards – APA Zones 1 and 2; vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H8 of this Section, Fill Material Require- ments – Zones 1 and 2, and RMC 4-4-060L4, Fill Material; vii. Fuel Oil Heating Systems: Owners of facilities and structures shall comply with subsection C8d(i)(i) and C8d(ii)(f) of this Sec- tion, Prohibited Activities – Aquifer Protection Areas, Zones 1 and 2, re- lating to conversion of heating sys- tems to fuel oil and installation of new fuel oil heating systems. viii. Pipelines: Owners of pipe- lines as defined in RMC 4-11-160 shall comply with subsection H6 of this Section, Pipeline Requirements; ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H9 of this Section, Regulations for Existing Solid Waste Landfills – Zones 1 and 2; x. Surface Water Systems: Sur- face water systems shall meet the re- quirements of subsection H5 of this Section, Surface Water Require- ments, and RMC 4-6-030E, Drain- age Plan Requirements and Methods of Analysis; xi. Unauthorized Release: All per- sons shall comply with subsection H10 of this Section, Hazardous Ma- terials – Release Restrictions – Zones 1 and 2, and RMC 4-9-015G, Unauthorized Releases; xii. Wastewater Disposal Sys- tems: Owners of structures that are connected to existing on-site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H4 of this Section, Wastewater Disposal Re- quirements, and RMC 4-6-040J, Sanitary Sewer Standards, Addi- tional Requirements that Apply within Zones 1 and 2 of an Aquifer Protec- tion Area. 2. Permit Required: a. Permit Required – Development or Alteration: Prior to any development or alteration of a property containing a criti- cal area as defined in subsection B of this Section, Applicability – Critical Areas Designations/Mapping, the owner or des- ignee must obtain a development permit, critical area permit, and/or letter of ex- emption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. If a proposed activity is not exempt and does not otherwise require a develop- 4-3-050C 3 - 17 (Revised 6/05) ment permit, but is subject to this Sec- tion, the Department Administrator shall determine whether to grant or deny a separate critical areas permit based upon compliance with applicable standards and regulations of this Section. b. Aquifer Protection Area – Operat- ing and Closure Permits: Aquifer pro- tection area operating permit and closure permit requirements are contained in RMC 4-9-015, Aquifer Protection Area Permits. 3. Finding of Conformance Required: a. General: Conformance with these critical area regulations shall be a finding in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writ- ing in the project file. b. Aquifer Protection Areas: No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed land use, activity, or business is likely to impact the long-term, short-term or cu- mulative quality of the aquifer. The find- ing shall be based on the present or past activities conducted at the site; hazard- ous materials that will be stored, handled, treated, used or produced; and the po- tential for the land use, activity, or busi- ness to degrade groundwater quality. 4. Letter of Exemption: a. Aquifer Protection, Flood Haz- ards, Geologic Hazards, Habitat Con- servation, Streams and Lakes, Wetlands: Except in the case of public emergencies, all exemptions in subsec- tions C5, C6 and C7 of this Section re- quire that a letter of exemption be obtained from the Department Adminis- trator prior to construction or initiation of activities. b. Applicability of Section Require- ments to Exempt Activities: Exempt activities provided with a letter of exemp- tion may intrude into the critical area or required buffer subject to any listed con- ditions or requirements. Exempt activities do not need to comply with mitigation ra- tios of subsection M11 of this Section, Wetlands Creation and Restoration, or subsection M12 of this Section, Wetland Enhancement, unless required in exemp- tion criteria. c. Reports and Mitigation Plans Re- quired: A report for the specific critical area affected, and/or enhancement or mitigation plan shall be required pursuant to subsections H to M of this Section, un- less otherwise waived by the Department Administrator. d. Administrator Findings: In deter- mining whether to issue a letter of ex- emption for activities listed in subsections C5, C6, and C7 of this Section, the Ad- ministrator shall find that: i. The activity is not prohibited by this or any other chapter of the RMC or State or Federal law or regulation; ii. The activity will be conducted us- ing best management practices as specified by industry standards or applicable Federal agencies or sci- entific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to subsec- tion C5f(i) of this Section; iv. Where water body or buffer dis- turbance has occurred in accordance with an exemption during construc- tion or other activities, revegetation with native vegetation shall be re- quired. v. If a hazardous material, activity, and/or facility that is exempt pursu- ant to this Section has a significant or substantial potential to degrade groundwater quality, then the Depart- ment Administrator may require com- pliance with the aquifer protection requirements of this Section other- wise relevant to that hazardous ma- terial, activity, and/or facility. Such 4-3-050C (Revised 6/05)3 - 18 determinations will be based upon site and/or chemical-specific data. 5. Specific Exemptions – Critical Areas and Buffers: Specific exempt activities are listed in the following table. If an “X” appears in a box, the listed exemption applies in the specified critical area and required buffer. If an “X” does not appear in a box, then the ex- emption does not apply in the particular criti- cal area or required buffer. Where utilized in the following table the term “restoration” means returning the subject area back at a minimum to its original state following the per- formance of the exempt activity. Activities tak- ing place in critical areas and their associated buffers and listed in the following table are ex- empt from the applicable provisions of this Section, provided a letter of exemption has been issued per subsection C4 of this Sec- tion, Letter of Exemption. Whether the ex- empted activities are also exempt from permits will be determined based upon appli- cation of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands a. Conservation, Enhancement, Education and Related Activities: i. Natural Resource/Habitat Conservation or Preservation: Conservation or preserva- tion of soil, water, vegetation, fish and other wildlife. X1 XX X X X ii. Enhancement activities as defined in chapter 4-11 RMC. XX X X X iii. Approved Restoration/Mitigation: Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. X1 XX X X X b. Research and Site Investigation: i. Education and Research: Nondestructive education and research. X1 XX X X X ii. Site Investigative Work: Site investiga- tive work necessary for land use application submittals such as surveys, soil logs, perco- lation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a 1:1 ratio. X1 XX X X X c. Agricultural, Harvesting, Vegetation Management: i. Harvesting Wild Foods: The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require till- ing of soil, planting of crops or alteration of the critical area. X1 XX X X X 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.1 (Revised 3/13) c. Agricultural, Harvesting, Vegetation Management: (Continued) ii. Existing/Ongoing Agricultural Activities: Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been con- ducted within the last five (5) years. Activi- ties that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irri- gation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is neces- sary to reduce the impacts of agricultural practices to critical areas, a farm manage- ment plan may be required based on the King County Conservation District’s Farm Conservation and Practice Standards, or other best management practices. (Ord. 5676, 12-3-2012) XX X X X iii. Dead or Diseased Trees: Removal of dead, terminally diseased, damaged, or dan- gerous ground cover or hazard trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of which to be approved by the City based on the type of information re- quired, or the City prior to their removal. X1 XX X X: Limited to cutting of hazard trees; such hazard trees shall be retained as large woody debris in the stream/ buffer corri- dor, where feasible. X: Tree cutting of hazard trees or other woody vege- tation accom- plished such that trees are retained in the wetland and buffer where feasible. EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C (Revised 3/13)3 - 18.2 d. Surface Water: i. New Surface Water Discharges: New surface water discharges to wetland Catego- ries 1, 2 and 3, or buffers of Categories 1, 2 and 3, and to streams or lakes from deten- tion facilities, presettlement ponds or other surface water management structures; pro- vided, the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-030); will not result in significant adverse changes in the water temperature or chemical characteristics of the wetland or stream/lake water sources; and there is no increase in the existing rate of flow unless it can be demonstrated that the change in hydrologic regime would result in equal or improved wetland or stream/lake functions and values. Where differences exist between these regulations and RMC 4-6-030, these regulations will take prece- dence. XXX ii. New or Modified Regional Stormwater Facilities: Regional stormwater management facilities to be operated and maintained under the direction of the City Surface Water Utility that are proposed and designed con- sistent with the Washington State Depart- ment of Ecology Wetlands and Stormwater Management Guidelines or meeting equiva- lent objectives. (Ord. 5526, 2-1-2010) X iii. Flood Hazard Reduction: Implementa- tion of public flood hazard reduction and public surface water projects, where habitat enhancement and restoration at a 1:1 ratio are provided, and appropriate Federal and/ or State authorization has been received. XX iv. Storm Drainage Piping: Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that the installation would comply with the criteria listed in RMC 4-3-050J2b and that the installation would be consistent with each of the purposes of the geologic hazard regulations listed in RMC 4-3-050A4. Also, to qualify for the exemption, the report must propose appro- priate mitigation for any potential impacts identified in the report. X EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.2a (Revised 11/07) e. Roads, Parks, Public and Private Utilities: i. Relocation of Existing Utilities out of Criti- cal Area and Buffer: Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and elec- tric facilities, lines, pipes, mains, equipment and appurtenances (not including substa- tions), with an associated voltage of fifty five thousand (55,000) volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. X1 XX X X X EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. (Revised 11/07)3 - 18.2b This page left intentionally blank. 4-3-050C 3 - 18.3 (Revised 3/14) EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands e. Roads, Parks, Public and Private Utilities: (Continued) ii. New Trails, Existing Parks, Trails, Roads, Facilities, and Utilities – Maintenance, Oper- ation, Repair, and the Construction of New Trails: Normal and routine maintenance, operation and repair of existing parks and trails or the construction of new trails, streets, roads, rights-of-way and associated appurte- nances, facilities and utilities where no alter- ation or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to con- struct new trails to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine mainte- nance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be mini- mized and disturbed areas shall be restored during and immediately after the use of con- struction equipment. XX X X iii. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right- of-Way or Easements: Within existing and improved public road rights-of-way or ease- ments, installation, construction, replace- ment, operation, overbuilding or alteration of all natural gas, cable, communication, tele- phone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applica- ble, restoration of disturbed areas shall be completed. XX X X 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C (Revised 3/14)3 - 18.4 e. Roads, Parks, Public and Private Utilities: (Continued) iv. Modification of Existing Utilities and Streets by Ten Percent (10%) or Less: Over- building (enlargement beyond existing proj- ect needs) or replacement of existing utility systems and replacement and/or rehabilita- tion of existing streets, provided: (1) The work does not increase the foot- print of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way boundary or easement boundary. (2) Restoration shall be conducted where feasible. Compensation for impacts to buf- fers shall include enhancement of the remaining buffer area along the impacted area where there is enhancement opportu- nity. (3) The Administrator determines that, based on best judgment, a person would not: (a) be able to meaningfully measure, detect, or evaluate insignificant effects; or (b) expect discountable effects to occur. (4) This exemption allows for 10% maxi- mum expansion total, life of the project. After the 10% expansion cap is reached, future improvements are subject to all applicable provisions of this Section. XX: Exemption is not allowed in Category 1 wetlands. X: Exemption is not allowed in Category 1 wetlands. v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation man- agement and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of- way and easements, and parks. XX X X: Trees shall be retained as large woody debris in the stream/buf- fer corridor, where feasi- ble. X: Tree cutting and vegeta- tion manage- ment accom- plished such that trees are retained in the wetland and buffer where feasible. EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.5 (Revised 6/05) f. Wetland Disturbance, Modification and Removal: i. Any Activity in Small Category 3 Wet- lands: Any activity affecting hydrologically isolated Category 3 wetland no greater than two thousand two hundred (2,200) square feet when consistent with all of the following criteria: (1) Standing water is not present in suffi- cient amounts, i.e., approximately twelve inches (12′′) to eighteen inches (18′′) in depth from approximately December through May, to support breeding amphibians; (2) Species listed by Federal or State gov- ernment as endangered or threatened, or the presence of essential habitat for those species, are not present; (3) Some form of mitigation is provided for hydrologic and water quality functions, for example, stormwater treatment or landscap- ing or other mitigation; and (4) A wetland assessment is prepared by a qualified professional demonstrating the cri- teria of the exemption are met. The wetland assessment shall be subject to independent secondary review at the expense of the applicant consistent with subsection F7 of this Section. X ii. Temporary Wetland Impacts: Temporary disturbances of a wetland due to construc- tion activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a 1:1 ratio. Category 1 wetlands and Category 2 forested wetlands shall be enhanced at a 2:1 ratio in addition to being restored. For habi- tat conservation areas, this exemption applies only to Category 1 wetlands. XX g. Maintenance and Construction – Existing Uses and Facilities: i. Remodeling, Replacing, Removing Exist- ing Structures, Facilities, and Improvements: Remodeling, restoring, replacing or remov- ing structures, facilities and other improve- ments in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this sec- tion provided the work complies with the cri- teria in RMC 4-10-090. XX X X EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C (Revised 6/05)3 - 18.6 g. Maintenance and Construction – Existing Uses and Facilities: (Continued) ii. Maintenance and Repair – Any Existing Public or Private Use: Normal and routine maintenance and repair of any existing pub- lic or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine mainte- nance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. XX X X iii. Modification of an Existing Single Fam- ily Residence: Construction activity con- nected with an existing single family residence and/or garage; provided, that the work does not increase the footprint of the structure lying within the critical area or buffer; and provided, that no portion of the new work occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing or rebuilt acces- sory structures associated with single family lots such as fences, gazebos, storage sheds, and play houses are exempt from this Section. New accessory structures may be allowed when associated with single fam- ily lots such as fences, gazebos, storage sheds, play houses and when built on and located in a previously legally altered area. XX X X iv. Existing Activities: Existing activities which have not been changed, expanded or altered, provided they comply with the appli- cable requirements of chapter 4-10 RMC. XX X X X EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.7 (Revised 6/05) 6. Limited Exemptions: Activities that are exempt from some, but not all provisions of this Section are listed in the following table. If an “X” appears in a box, the listed exemption applies in the specified critical area and re- quired buffer. If an “X” does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also ex- empt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. h. Emergency Activities: i. Emergency Activities: Emergency activi- ties are those which are undertaken to cor- rect emergencies that threaten the public health, safety and welfare pursuant to the criteria in subsection C9b of this Section. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an immi- nent danger to public or private property, or to prevent an imminent threat of serious environmental degradation. X1 XX X X X ii. Emergency Tree/Ground Cover Cutting or Removal by Agency or Utility: Removal of trees and/or ground cover by any City department or agency and/or public or pri- vate utility in emergency situations involving immediate danger to life or property, sub- stantial fire hazards, or interruption of ser- vices provided by a utility. X1 XX X X: Downed haz- ard trees shall be retained as large woody debris in the stream/ buffer. X: Tree cutting and vegeta- tion manage- ment accom- plished such that trees are retained in the wetland and buffer where feasible. iii. Emergency Activities in Aquifer Protec- tion Area: Public interest emergency use, storage, and handling of hazardous materi- als by governmental organizations. X1 i. Hazardous Materials: i. Federal or State Pre-emption: Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protec- tion Agency. X1 ii. Use of Materials with No Risk: Use, stor- age, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. X1 EXEMPT ACTIVITIES – PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C (Revised 6/05)3 - 18.8 LIMITED EXEMPTIONS – WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands a. Hazardous Materials: i. Materials for Sale in Original Small Con- tainers: Hazardous materials offered for sale in their original containers of five (5) gallons or less shall be exempt from requirements in subsections H2d(i) through (vi) of this Sec- tion and the requirements pertaining to removal of existing facilities in subsection H2a(i). X1 ii. Activities Exempt from Specified Aquifer Protection Area Requirements: The following are exempt from requirements in subsec- tions H2d(i) through (vi) of this Section, the requirements pertaining to review of pro- posed facilities in subsection C8d, Prohibited Changes in Land Use and Types of New Facilities – Aquifer Protection Areas, and the requirements pertaining to removal of exist- ing facilities in subsection H2a(i). X1 (1) Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility or construction site). Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amounts are exceeded. Ten (10) pounds shall be considered equal to one gallon. X1 (2) Noncommercial residential use, stor- age, and handling of hazardous materials; provided, that no home occupation business (as defined by chapter 4-11 RMC) that uses, stores, or handles more than twenty (20) gal- lons of hazardous material is operated on the premises. X1 (3) Hazardous materials in fuel tanks and fluid reservoirs attached to a private or com- mercial motor vehicle and used directly in the operation of that vehicle. X1 (4) Fuel oil used in existing heating sys- tems. X1 (5) Hazardous materials used, stored, and handled by the City of Renton in water treat- ment processes and water system opera- tions. X1 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.9 (Revised 6/05) a. Hazardous Materials: (Continued) (6) Fueling of equipment not licensed for street use; provided, that such fueling activi- ties are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into con- tact with soil, surface water, or groundwater except for refueling associated with con- struction activity regulated by subsection H7 of this Section, Construction Activity Stan- dards – Zones 1 and 2. X1 (7) Hazardous materials contained in prop- erly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use. X1 (8) Hazardous materials in fuel tanks and fluid reservoirs attached to private or com- mercial equipment and used directly in the operation of that equipment. X1 (9) Hazardous materials in aerosol cans. X 1 (10) Hazardous materials at multi-family dwellings, hotels, motels, retirement homes, convalescent centers/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers when used by owners and/or operators of such facilities for on-site operation and mainte- nance purposes. X1 (11) Hazardous materials used for janitorial purposes at the facility where the products are stored. X1 (12) Hazardous materials used for per- sonal care by workers or occupants of the fa- cility at which the products are stored includ- ing but not limited to soaps, hair treatments, grooming aids, health aids, and medicines. X1 iii. Uses, Facilities, and Activities in Zone 1 Modified Aquifer Protection Area Exempt from Specified Aquifer Protection Area Requirements: Facilities located in the Zone 1 Modified Aquifer Protection Area in Figure 4-3-050Q1 are exempt from the following: X1 (1) Removal requirements in subsection H2a(i) of this Section except that the stor- age, handling, use, treatment, and produc- tion of tetrachloroethylene (e.g., dry-cleaning fluid) shall continue to be prohibited; X1 (2) Additional facility requirements in sub- section H2d(vi) of this Section; X1 LIMITED EXEMPTIONS – WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C (Revised 6/05)3 - 18.10 7. Exemptions in Buffers: The activities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this Section, pro- vided a letter of exemption has been issued per subsection C4 of this Section, Letter of Exemption. If an “X” appears in a box, the listed exemption applies in the specified buffer. If an “X” does not appear in a box, then the exemption does not apply in the required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. a. Hazardous Materials: (Continued) (3) Wastewater requirements in RMC 4-6-040J1a but shall be subject to Zone 2 requirements in RMC 4-6-040J2; X1 (4) The prohibition of septic systems con- tained in subsection C8d(i)(f) of this Section; and X1 (5) Surface water management require- ments of RMC 4-6-030E except that Zone 2 requirements contained in RMC 4-6-030E shall apply. X1 LIMITED EXEMPTIONS – WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 1If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 4-3-050C 3 - 18.11 (Revised 3/13) EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands a. Activities in Critical Area Buffers: i. Trails and Open Space: Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met. XX XX (1) The trail, walkway, and associated open space shall be consistent with the Comprehensive Parks, Recreation, and Open Space Master Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals. (2) Trails and walkways shall be located in the outer twenty-five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: • Trail segments connecting to existing trails where an alternate alignment is not practical. • Public access points to water bodies spaced periodically along the trail. (3) Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area abutting a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. (Ord. 5676, 12-3-2012) (4) Trail widths shall be a maximum width of twelve (12) feet. Trails shall be constructed of per- meable materials. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts. ii. Stormwater Treatment and Flow Control Facil- ities in Buffer: Stormwater management facilities shall not be built within a critical area buffer except as allowed in Reference 5, Wetlands Protection Guidelines of the City’s Surface Water Design Manual and shall require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation, provided the standard buffer zone area associated with the critical area classi- fication is retained pursuant to subsection L or M6c of this Section, and is sited to reduce impacts between the critical area and surrounding activi- ties. (Ord. 5526, 2-1-2010) X 4-3-050C (Revised 3/13)3 - 18.12 8. Prohibited Activities: Prohibited activi- ties are identified below for each critical area governed by this Section. a. General – All Critical Areas: No ac- tion shall be taken by any person, com- pany, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objec- tives, and requirements of this Section. b. Prohibited Activities – Floodways: Encroachments, including fill, new con- struction, substantial improvements, and construction or reconstruction of residen- tial structures is prohibited within desig- nated floodways, unless it meets the provisions of subsection I4 of this Sec- tion, Additional Restrictions within Flood- ways. c. Prohibited Activities – Streams/ Lakes and Wetlands: Grazing of ani- mals is not allowed within a stream, lake, wetland or their associated buffers. d. Prohibited Changes in Land Use and Types of New Facilities– Aquifer Protection Areas. i. Zone 1: (a) Changes in land use and types of new facilities in which any of the following will be on the premises: (1) More than five hundred (500) gallons of hazardous mate- rial; (2) More than one hundred fifty (150) gallons of hazardous mate- rial in containers that are opened and handled; (3) Containers exceeding five (5) gallons in size; or (4) Tetrachloroethylene (e.g., dry-cleaning fluid). (b) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC); (c) Hazardous waste treatment, storage, and disposal facilities; (d) All types of landfills, includ- ing solid waste landfills; (e) Transfer stations; (f) Septic systems; (g) Recycling facilities that han- dle hazardous materials; (h) Underground hazardous material storage and/or distribu- tion facilities; (i) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; and (j) Petroleum product pipe- lines. iii. Stormwater Conveyance in Buffer: Necessary conveyance systems including stormwater disper- sion outfall systems designed to minimize impacts to the buffer and critical area, where the site topog- raphy requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical area classification is retained pursuant to subsection L or M6c of this Section, and is sited to reduce impacts between the critical area and surrounding activities. (Ord. 5526, 2-1-2010) XXX EXEMPTIONS WITHIN CRITICAL AREA BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands 4-3-050C 3 - 18.13 (Revised 3/14) ii. Zone 2: (a) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC); (b) Recycling facilities that han- dle hazardous materials; (c) Hazardous waste treat- ment, storage, and disposal facil- ities; (d) Solid waste landfills; (e) Transfer stations; (f) New heating systems using fuel oil stored in underground storage tanks; and (g) Petroleum product pipe- lines. 9. Temporary Emergency Exemption Procedure: a. Temporary Emergency Exemption Purpose: Temporary emergency exemp- tions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. b. Temporary Emergency Exemption Review Authority and Decision Crite- ria: Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from ap- propriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the con- trary, the Department Administrator may issue a temporary emergency exemption letter if the action meets the following re- quirements: i. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; ii. The anticipated threat or loss may occur before a permit can be is- sued or modified under the proce- dures otherwise required by this Section and other applicable laws; iii. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasi- ble but not inconsistent with the emergency situation, the standards and criteria required for nonemer- gency activities under this Section. c. Temporary Emergency Exemption Letter Process and Timing: The emer- gency exemption shall be consistent with the following procedural and time re- quirements: i. Time Limits: The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as specified in subsection C9c(ii) of this Section. ii. Restoration Required: Re- quire, within the ninety (90) day pe- riod, the restoration of any critical area altered as a result of the emer- gency activity, except that if more than ninety (90) days from the issu- ance of the emergency permit is re- quired to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, resto- ration means returning the affected area to its state prior to the perfor- mance of the emergency activity. iii. Public Notice Required: No- tice of the issuance of the emergency permit and request for public com- ments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant com- ments are received, the City may re- consider the permit. iv. Expiration of Exemption Au- thorization: The emergency exemp- tion authorization may be terminated at any time without process upon a determination by the Department Ad- ministrator that the action was not or is no longer necessary to protect hu- man health or the environment. 4-3-050D (Revised 3/14)3 - 18.14 10. Nonconforming Activities or Struc- tures: Regulated activities legally in exis- tence prior to the passage of this Section, but which are not in conformity with the provisions of this Section are subject to the provisions of RMC 4-10-090, Critical Areas Regulations – Nonconforming Activities and Structures. (Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5137, 4-25-2005; Ord. 5308, 9-24-2007; Ord. 5702, 12-9-2013) D. ADMINISTRATION AND INTERPRETATION: 1. General Provisions – All Critical Ar- eas: a. Duties of Administrator: The Com- munity and Economic Development Ad- ministrator shall have the power and authority to enforce the provisions of this Section. For such purposes the Adminis- trator shall have the power of a law en- forcement officer. (Ord. 5450, 3-2-2009) b. Interpretation: The Administrator shall have the power to render interpreta- tions of this Section and to adopt and en- force rules and regulations supplemental to this Section as he/she may deem nec- essary in order to clarify the application of the provisions of this Code. Such inter- pretations, rules and regulations shall be in conformity with the intent and purpose of this Section. c. Compliance: Unless specifically ex- empted by this Section, the City shall not grant any approval or permit any regu- lated activity in a critical area or associ- ated buffer prior to fulfilling the requirements of this Section. 2. Aquifer Protection: a. Inspections Authorized: The Ad- ministrator or his/her designee shall have the right to conduct inspections of facili- ties at all reasonable times to determine compliance with this Section. i. Annual Inspections: All permit- ted facilities in an APA will be subject to a minimum of one inspection per year by a Department inspector. ii. Monthly Inspections: All per- mitted facilities in Zone 1 of the aqui- fer protection area will be subject to monthly inspections to determine compliance with the provisions of the Section. b. Potential to Degrade Groundwater – Zone 2: i. Potential for Impacts Equal to Facility in Zone 1: If the Administra- tor determines that an existing or pro- posed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Administrator may require that facility to fully comply with requirements for Zone 1 con- tained in subsections C1ai, Develop- ment Permits, C8di, Zone 1, H2, Facilities, H4, Wastewater Disposal Requirements – Zones 1 and 2, and H6, Pipeline Requirements. ii. Criteria: Criteria used to make the determination in subsection D2b(i) of this Section, Potential for Impacts Equal to Facility in Zone 1, shall include but not be limited to the present and past activities conducted at the facility; types and quantities of hazardous materials stored, han- dled, treated, used or produced; the potential for the activities or hazard- ous materials to degrade groundwa- ter quality; history of spills at the site, and presence of contamination on site. 3. Flood Hazards: a. Duties and Responsibilities of the Administrator: The duties of the Admin- istrator shall include, but not be limited to: i. Review all development permits to determine that the permit require- ments of this Section have been sat- isfied; and ii. Review all development permits to determine that all necessary per- mits have been obtained from those Federal, State or local governmental 4-3-050D 3 - 18.15 (Revised 3/13) agencies from which prior approval is required; and iii. Review all development permits to determine if the proposed devel- opment is located in the floodway. If located in the floodway, assure that the encroachment provisions of sub- section I4 of this Section, Additional Restrictions within Floodways, are met; and iv. Obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Fed- eral, State or other source, when base flood elevation data has not been provided in accordance with subsection I1bi of this Section in or- der to administer subsection I3, Spe- cific Standards, and subsection I4, Additional Restrictions Within Flood- ways. b. Information to Be Obtained and Maintained: The Administrator shall ob- tain and maintain the following informa- tion: i. Record Required: Where base flood elevation data is provided through the flood insurance study or required as in subsection D3a(iv) of this Section, use of other base flood data, the applicant shall obtain and record the actual elevation (in rela- tion to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure con- tains a basement. ii. Elevations and Certificates: For all new or substantially improved floodproofed structures: (a) The applicant shall verify and record the actual elevation (in relation to mean sea level); and (b) The Administrator shall maintain the floodproofing certifi- cations required in RMC 4-8-120D6, Flood Hazard Data; and (c) Flood elevation certificates shall be submitted by an appli- cant to the Development Ser- vices Division prior to the building’s finished floor construc- tion. Finished floor elevation should be verified by a precon- struction elevation certificate at the time of construction of a sub- stantial structural element of the finished floor (i.e., foundation form for the concrete floor). An as-built elevation certificate will be provided prior to issuance of final occupancy, and the certifi- cates shall be maintained by the Administrator. iii. Public Records: The Adminis- trator shall maintain for public inspec- tion all records pertaining to the provisions of the flood hazard regula- tions (e.g., elevation certificates, no- tification of alteration/relocation of watercourses, flood hazard regula- tion variances). c. Alteration of Watercourses: The Administrator shall: i. Notice Required: Notify abutting communities and the State of Wash- ington Department of Ecology prior to any alteration or relocation of a wa- tercourse, and submit evidence of such notification to the Federal Insur- ance Administration. ii. Maintenance: Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carry- ing capacity is not diminished. The City may require covenants, or other mechanisms to ensure maintenance. d. Interpretation of FIRM Bound- aries: The Administrator shall make in- terpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field condi- tions). The person contesting the location of the boundary shall be given a reason- able opportunity to appeal the interpreta- 4-3-050D (Revised 3/13)3 - 18.16 tion as provided in RMC 4-8-070G, Hearing Examiner, and RMC 4-8-110, Appeals). e. Record Required: The Administra- tor shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4. Review Authority: a. Review Authority – General: The Administrator is authorized to make the following administrative allowances and determinations: i. Issue a critical areas permit for proposals not otherwise requiring a development permit per subsection C3 of this Section, Finding of Con- formance Required. ii. Issue written letters of exemption pursuant to subsection C4 of this Section. iii. Allow temporary emergency ex- emptions per subsection C7 of this Section. iv. Interpret critical areas regula- tions per subsection D1b of this Sec- tion. v. Approve the use of alternates in accordance with subsection N1 of this Section and RMC 4-9-250E. vi. Waive report content or submit- tal requirements per subsection F6 of this Section. vii. Grant administrative variances to those specified code sections listed in RMC 4-9-250B and per sub- section N of this Section. viii. Require tests for proof of com- pliance. ix. Grant modifications per subsec- tion N of this Section. b. Review Authority – Geologic Haz- ards, Habitat Conservation, Streams and Lakes, and Wetlands: The Admin- istrator is authorized to make the follow- ing administrative allowances and determinations: i. Geologic Hazards. (a) Waive independent review of geotechnical reports per sub- section F7 of this Section. (b) Increase or decrease re- quired buffer for very high land- slide hazard areas per subsection J7b of this Section. (c) Waive coal mine hazard re- ports per subsection J8 of this Section. (d) Grant a modification for cre- ated slopes per subsection N2 of this Section. ii. Habitat Conservation: Waive habitat/wildlife assessment reports per subsection K2 of this Section. iii. Streams and Lakes: (a) Waive water body study re- quirement per subsection L3 of this Section. (b) Approve proposals for buffer width reductions in accor- dance with the review criteria stated in subsection L5c of this Section. (c) Approve proposals for buffer width averaging pursuant to the standards and criteria stated in subsection L5d of this Section. iv. Wetlands: (a) Waive wetland assessment requirement per subsection M3b of this Section. (b) Determine whether wet- lands are unregulated per sub- 4-3-050E 3 - 18.17 (Revised 3/13) sections M1a and M1b of this Section. (c) Extend the valid period of a wetland delineation pursuant to subsection M4d of this Section. (d) Approve proposals for buffer width reductions of up to twenty five percent (25%) in ac- cordance with the review criteria stated in subsection M6e of this Section. (e) Approve proposals for buffer width averaging pursuant to the standards and criteria stated in subsection M6f of this Section. (f) Authorize other category level for created or restored wet- lands per subsection M11c of this Section. (g) Waive requirements of this Section upon determination that all impacts on wetlands would be mitigated as part of an approved area-wide wetlands plan that, when taken as a whole over an approved schedule or staging of plan implementation, will meet or exceed the requirements of this section (see subsection M9 of this Section). c. Review Authority – Aquifer Pro- tection Areas: The Administrator is au- thorized to make the following administrative allowances and determi- nations: i. Issue operating and closure per- mits. ii. Determine pipeline requirements per subsection H6a(iii) and H6b of this Section. iii. Determine if Zone 1 require- ments should apply in Zone 2 of an APA per subsection D2b, Potential to Degrade Groundwater – Zone 2, and C8d(ii), Zone 2. 5. Authority to Approve, Condition, or Deny – General: Based upon site specific re- view and analysis, a proposal may be ap- proved, conditioned, or denied. 6. Relationship to Other Agencies and Regulations: Compliance with the provi- sions of this Title does not constitute compli- ance with other federal, state, and/or other local agency regulations and permit require- ments that may be required. The applicant is responsible for complying with these require- ments, apart from the process established in this Title. (Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005; Ord. 5676, 12-3-2012) E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS: 1. Performance Standards: The perfor- mance standards for each critical area are specified in subsections G to M of this Sec- tion. The standards are minimum standards. 2. Protection of Critical Areas: Critical ar- eas and any associated buffers shall be avoided, and undisturbed, unless alterations are permitted in accordance with the require- ments of this Section. 3. Allowed Alterations: Critical areas may be altered by authorized exempt activities, al- terations specifically allowed in subsections H to M of this Section and subject to listed cri- teria, or through approval of modifications or variances. 4. Native Growth Protection Areas: a. Applicability: i. Required: A native growth pro- tection area shall be instituted when required by subsections H to M of this Section in order to protect a criti- cal area from any proposed develop- ment for a non-exempt activity as follows: (a) Protected slopes per sub- section J5e of this Section. 4-3-050E (Revised 3/13)3 - 18.18 (b) Very high landslide hazard areas per subsection J7c of this Section. (c) Class 2 to 4 streams or lakes and their associated buff- ers per subsection L7 of this Section. (d) Wetlands and their associ- ated buffers per subsection M7 of this Section. ii. Applied with Discretion: Native growth protection areas may be re- quired for very high landslide hazard area buffers, or for critical habitats and their buffers pursuant to subsec- tions J7 and K4 of this Section. iii. Application as Condition of Approval When Otherwise Not Re- quired: Where subsections H to M do not require a native growth protec- tion area, the proposal may be condi- tioned to provide for native growth protection areas. (Ord. 5676, 12-3-2012) b. Standards: i. Trees and ground cover shall be retained in designated native growth protection areas. ii. Activities allowed in a native growth protection areas shall be con- sistent with applicable critical area regulations. iii. The City may require enhance- ment of native growth protection ar- eas to improve functions and values, reduce erosion or landslide potential, or to meet another identified purpose of this section or of critical area regu- lations. c. Method of Creation: Native growth protection areas shall be established by one of the following methods, in order of preference: i. Conservation Easement: The permit holder shall, subject to the City’s approval, convey to the City or other public or nonprofit entity speci- fied by the City, a recorded easement for the protection of the critical area and/or its buffer. ii. Protective Easement: The per- mit holder shall establish and record a permanent and irrevocable ease- ment on the property title of a parcel or tract of land containing a critical area and/or its buffer created as a condition of a permit. Such protective easement shall be held by the current and future property owner, shall run with the land, and shall prohibit devel- opment, alteration, or disturbance within the easement except for pur- poses of habitat enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency with jurisdiction over such activity. iii. Tract and Deed Restriction: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any critical area management tract or tracts created as a condition of a per- mit. Such deed restriction(s) shall prohibit development, alteration, or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency with jurisdiction over such ac- tivity. A covenant shall be placed on the tract restricting its separate sale. Each abutting lot owner or the home- owners’ association shall have an un- divided interest in the tract. d. Marking During Construction: The location of the outer extent of the critical area buffer and areas not to be disturbed pursuant to an approved permit shall be marked with barriers easily visible in the field to prevent unnecessary disturbance by individuals and equipment during the development or construction of the ap- proved activity. e. Fencing: The City shall require per- manent fencing of the native growth pro- tection area containing critical area and 4-3-050F 3 - 18.19 (Revised 3/13) buffers when there is a substantial likeli- hood of human or domesticated animal intrusion, and such fencing will not ad- versely impact habitat connectivity. f. Signage Required: The common boundary between a native growth pro- tection area and the abutting land must be permanently identified. This identifica- tion shall include permanent wood or metal signs on treated or metal posts. Sign locations and size specifications shall be approved by the City. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” g. Responsibility for Maintenance: Responsibility for maintaining the native growth protection easements or tracts shall be held by a homeowners’ associa- tion, abutting lot owners, the permit appli- cant or designee, or other appropriate entity, as approved by the City. h. Maintenance Covenant and Note Required: The following note shall ap- pear on the face of all plats, short plats, PUDs, or other approved site plans con- taining separate native growth protection easements or tracts, and shall also be re- corded as a covenant running with the land on the title of record for all affected lots on the title: “MAINTENANCE RE- SPONSIBILITY: All owners of lots cre- ated by or benefiting from this City action abutting or including a native growth pro- tection easement [tract] are responsible for maintenance and protection of the easement [tract]. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been re- ceived.” 5. Discretionary – Building or Develop- ment Setbacks: A building or activity set- back from a critical area or buffer may be required to ensure adequate protection of the critical area/buffer during construction and ongoing maintenance of the activity. A re- quirement for a setback shall be based on the findings of a critical area report or a peer re- view required for the activity. (Ord. 5137, 4-25-2005; Ord. 5676, 12-3-2012) F. SUBMITTAL REQUIREMENTS AND FEES: 1. Applicability: When a regulated critical area or associated buffer is identified, the fol- lowing procedures apply. 2. Preapplication Consultation: Any per- son intending to develop properties known or suspected to have critical areas present is strongly encouraged to meet with the appro- priate City department representative during the earliest possible stages of project plan- ning before major commitments have been made to a particular land use and/or project design. Effort put into a preapplication con- sultation and planning will help applicants create projects which will be more quickly and easily processed due to a better understand- ing on the part of applicants of regulatory re- quirements. 3. Plans and Studies Required: When an application is submitted for any building per- mit or land use review and/or to obtain ap- proval of a use, development or construction, the location of the critical areas and buffers on the site shall be indicated on the plans submitted based upon an inventory provided by a qualified specialist. 4. Submittal Requirements: See chapter 4-8 RMC. 5. Fees: See RMC 4-1-170. 6. Waiver of Submittal or Procedural Re- quirements: The Department Administrator may waive any of the requirements of this subsection if the size and complexity of the project does not warrant a step in the pro- ceeding and provided criteria to waive stud- ies are met in subsections H to M of this Section. 7. Independent Secondary Review: The City may require independent review of an applicant’s report as follows: a. Aquifer Protection Areas, Flood Hazards, Habitat Conservation, Streams and Lakes, Wetlands: When appropriate due to the type of critical ar- eas, habitat, or species present, or project area conditions, the applicant may be required to prepare and/or fund 4-3-050F (Revised 3/13)3 - 18.20 analyses or activities, including, but not limited to: i. An evaluation by an independent qualified professional regarding the applicant’s analysis and the effec- tiveness of any proposed mitigating measures or programs, to include any recommendations as appropri- ate. This shall be paid at the appli- cant’s expense, and the Administrator shall select the third- party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State De- partment of Ecology, or the local Na- tive American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on and abutting the site. (Ord. 5676, 12-3-2012) b. Geologic Hazards: Independent secondary review shall be conducted in accordance with the following: i. Required – Sensitive and Pro- tected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with subsection J2 of this Section, Special Studies Re- quired, and chapter 4-8 RMC, Per- mits – General and Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant’s expense. An applicant may request that independent review be waived by the Department Admin- istrator in accordance with subsec- tion D4b of this Section, Review Authority – Geologic Hazards, Habi- tat Conservation, Shorelines, Streams and Lakes, and Wetlands. ii. Required for Critical Facilities in Volcanic, High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: The City shall require independent review of a geotechnical report addressing a crit- ical facility by qualified specialists se- lected by the City, at the applicant’s expense. An applicant may request that independent review be waived by the Department Administrator in accordance with subsection D4b of this Section, Review Authority – Geologic Hazards, Habitat Conser- vation, Shorelines, Streams and Lakes, and Wetlands. iii. At City’s Discretion – Volca- nic, High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: For any proposal ex- cept critical facilities, the City may re- quire independent review of an applicant’s geotechnical report by qualified specialists selected by the City, at the applicant’s expense. 8. Mitigation Plan Required: a. Criteria: For any mitigation plans re- quired through the application of subsec- tions H to M of this Section, the applicant shall: i. Demonstrate sufficient scientific expertise, the supervisory capability, and the financial resources to carry out the mitigation project; and ii. Demonstrate the capability for monitoring the site and to make cor- rections during the monitoring period if the mitigation project fails to meet projected goals; and iii. Protect and manage, or provide for the protection and management, of the mitigation area to avoid further development or degradation and to provide for long-term persistence of the mitigation area; and iv. Provide for project monitoring and allow City inspections; and v. Avoid mitigation proposals that would result in additional future miti- gation or regulatory requirements for adjacent or abutting properties, un- less it is a result of a code require- ment, or no other option is feasible or practical; and (Ord. 5676, 12-3-2012) 4-3-050H 3 - 18.21 (Revised 3/13) vi. For on-site or off-site mitigation proposals, abutting or adjacent prop- erty owners shall be notified when wetland creation or restoration, stream relocation, critical area buffer increases, flood hazard mitigation, habitat conservation mitigation, or geologic hazard mitigation have the potential to considerably decrease the development potential of abutting or adjacent properties. For example, if a created wetland on a property would now result in a wetland buffer intruding onto a neighboring prop- erty, the neighboring property owner would be notified. Notification shall be given as follows: (a) For applications that are not subject to notices of application per chapter 4-8 RMC, notice of the mitigation proposal shall be given by posting the site and no- tifying abutting or adjacent prop- erty owners with the potential to be impacted. Written notification may be made prior to or at the time of the SEPA determination. (b) For applications that are subject to notices of application, the mitigation proposal shall be identified in the notice of applica- tion and mailed to abutting or ad- jacent property owners with the potential to be impacted; if the determination of the mitigation requirements is not known at the time of the notice of application, written notice to abutting or adja- cent property owners shall be given instead at the time of the SEPA determination. b. Timing of Mitigation Plan – Final Submittal and Commencement: When a mitigation plan is required, the propo- nent shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits for development. The proponent shall receive written approval of the miti- gation plan prior to commencement of any mitigation activity. (Ord. 5137, 4-25-2005) G. SURETY DEVICES: 1. Required for Mitigation Plans: For any mitigation plans required as a result of the ap- plication of these regulations, a surety device shall be required to ensure performance con- sistent with RMC 4-1-230. (Ord. 5676, 12-3-2012) 2. Time Period – Wetlands, Streams, and Lakes: For wetland and/or stream/lake miti- gation plans, the surety device shall be suffi- cient to guarantee that structures, improvements, and mitigation required by permit condition perform satisfactorily for a minimum of five (5) years after they have been completed. (Ord. 5137, 4-25-2005) H. AQUIFER PROTECTION: 1. Applicability: The aquifer protection regulations apply to uses, activities, and facil- ities located within an aquifer protection area (APA) as classified below. a. Aquifer Protection Area (APA): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as de- picted in subsection Q1 of this Section, Maps. b. Aquifer Protection Zones: Zones of an APA are designated to provide graduated levels of aquifer protection. Zone boundaries are determined using best available science documented in the City of Renton Wellhead Protection Plan, an appendix of the City of Renton Water System Plan, as periodically updated. The following zones may be designated: i. Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. ii. Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high- priority well, wellfield, or spring with- drawing from an aquifer that is par- tially protected by overlying geologic strata. Uses, activities, and facilities 4-3-050H (Revised 3/13)3 - 18.22 located in this area are regulated as if located within Zone 1 except as provided by subsection C6(a)(iii) of this Section. iii. Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally pro- tected by overlying geologic strata, the City may choose not to subdivide an APA into two (2) zones. In such a case, the entire APA will be desig- nated as Zone 2. c. Mapping: i. Determination of Location within a Zone of an Aquifer Protec- tion Area: In determining the loca- tion of facilities within the zones defined by subsection Q1 of this Sec- tion, the following rules shall apply: (a) Facilities located wholly within an APA zone shall be gov- erned by the restrictions applica- ble to that zone. (b) Facilities having parts lying within more than one zone of an APA shall be governed as fol- lows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (c) Facilities having parts lying both in and out of an APA shall be governed as follows: • That portion which is within an APA shall be governed by the applicable restrictions in this Section; and • That portion which is not in an APA shall not be gov- erned by this Section. ii. Zone Maps: The locations of aquifer protection areas (APA) in the City are depicted by the map in sub- section Q1 of this Section, Maps. d. Performance Standards: In addi- tion to the general standards of subsec- tion E of this Section, the following performance standards, subsections H2 to H10, apply to all non-exempt uses, ac- tivities, and facilities on sites located within an aquifer protection area per sub- section H1, Applicability. e. Authority to Require Hydrogeo- logic Assessment: The City may re- quire an applicant to prepare a hydrogeologic study if the proposal has the potential to significantly impact groundwater quantity or quality, and suffi- cient information is not readily available. Such a report shall be prepared by a qualified professional at the applicant’s expense. Report content requirements may be specified by the City in accor- dance with State or Federal guidelines or tailored to the particular development ap- plication. Peer review of the applicant’s report may be required in accordance with subsection F7 of this Section. 2. Facilities: a. Removal of Existing Facilities – Zone 1: i. The storage, handling, use, treat- ment or production of hazardous ma- terials in aggregate quantities greater than five hundred (500) gal- lons shall not be allowed within Zone 1 of an APA after October 14, 2002. The storage, handling, use, treat- ment or production of tetrachloroeth- ylene (e.g., dry-cleaning fluid) shall not be allowed within Zone 1 of an APA after March 31, 1999. ii. Once a facility in Zone 1 is closed, relocated, or the use of haz- ardous materials is terminated, rein- statement of the use of hazardous materials on the site in quantities greater than that allowed for new fa- cilities locating in Zone 1 as de- scribed in subsection C8d(i) of this 4-3-050H 3 - 18.23 (Revised 6/05) Section, Prohibited Activities, Zone 1, shall be prohibited. iii. Closure of a facility or termina- tion of any or all facility activities shall be conducted in accordance with the closure requirements in RMC 4-9-015F, Closure Permit. b. Existing Facilities Change in Quantities – Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the ag- gregate quantity of hazardous materials stored, handled, treated, used, or pro- duced with the following exception: The aggregate quantity of hazardous materi- als may be increased not to exceed five hundred (500) gallons. c. Existing Facilities – Allowances in Zone 2: The storage, handling, treat- ment, use or production of hazardous materials at existing facilities shall be al- lowed within Zone 2 of an APA upon com- pliance with the provisions of this Section. d. Requirements for Facilities – Zones 1 and 2: The following conditions in subsections H2d(i) to (vi) of this Sec- tion will be required as part of any operat- ing permit issued for facilities in Zone 1 of an APA. Conditions in subsections H2d(i) to (v) of this Section shall apply to facili- ties in Zone 2 of an APA. i. Secondary Containment – Zones 1 and 2: (a) Materials Stored in Tanks subject to DOE – Zones 1 and 2: Hazardous materials stored in tanks that are subject to regula- tion by the Washington Depart- ment of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection H2d(i) of this Section, Secondary Containment – Zones 1 and 2, but are subject to appli- cable requirements in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. (b) Secondary Containment Devices and Requirements – Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unau- thorized release of hazardous materials from any area where these substances are either stored, handled, treated, used, or produced. Secondary contain- ment devices shall prevent haz- ardous materials from contacting soil, surface water, and ground- water and shall prevent hazard- ous materials from entering storm drains and, except for au- thorized and permitted dis- charges, the sanitary sewer. Design requirements for second- ary containment devices are as follows: (1) The secondary contain- ment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material. In cases where multiple containers are used, the secondary contain- ment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present, to which the secondary containment device is subjected. The secondary containment de- vice shall be capable of contain- ing the fire flow for a period of twenty (20) minutes or more. (2) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to pre- vent structural weakening of the containment device as a result of contact with any hazardous ma- terial. If coatings are used to pro- vide chemical resistance for secondary containment devices, they shall also be resistant to the 4-3-050H (Revised 6/05)3 - 18.24 expected abrasion and impact conditions. Secondary contain- ment devices shall be capable of containing any unauthorized re- lease for at least the maximum anticipated period sufficient to al- low detection and removal of the release. (3) Hazardous materials stored outdoors and their attendant sec- ondary containment devices shall be covered to preclude pre- cipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment de- vice during a twenty four (24) hour, twenty five (25) year storm, in addition to the volume of the hazardous material stored in the tank. Storage of hazardous ma- terials, both indoors and out- doors, shall, at all times, meet both the requirements of this Section and the Uniform Fire Code. (4) Secondary containment de- vices shall include monitoring procedures or technology capa- ble of detecting the presence of a hazardous material within twenty four (24) hours following a re- lease. Hazardous materials shall be removed from the secondary containment device within twenty four (24) hours of detection and shall be legally stored or dis- posed. (5) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a sec- ondary containment device that meets the requirements of this Chapter shall not be used for secondary containment of haz- ardous materials. Closure of ex- isting piping shall be according to procedures and designs ap- proved by the Department. (6) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when sub- stances are being withdrawn or used. (7) Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessi- ble to the public. Such tech- niques as locked storage sheds, locked fencing, or other tech- niques may be used if they will effectively preclude access. (8) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to the primary container that would result in release of hazard- ous materials that would escape the secondary containment area. ii. Hazardous Material Monitor- ing Requirements for Existing Fa- cilities – Zones 1 and 2: (a) The owners of all existing facilities shall implement hazard- ous materials monitoring. (b) All hazardous material monitoring activities shall include the following: (1) A written routine monitoring procedure which includes, when applicable: the frequency of per- forming the monitoring method, the methods and equipment to be used for performing the moni- toring, the location(s) from which the monitoring will be performed, the name(s) or title(s) of the per- son(s) responsible for perform- ing the monitoring and/or maintaining the equipment, and the reporting format. 4-3-050H 3 - 18.25 (Revised 3/10) (2) Written records of all moni- toring performed shall be main- tained on-site by the operator for a period of three (3) years from the date the monitoring was per- formed. The Department may re- quire the submittal of the monitoring records or a summary at a frequency that the Depart- ment may establish. The written records of all monitoring per- formed in the past three (3) years shall be shown to the Depart- ment upon demand during any site inspection. Monitoring records shall include but not be limited to: • The date and time of all mon- itoring or sampling; • Monitoring equipment cali- bration and maintenance records; • The results of any visual ob- servations; • The results of all sample analysis performed in the laboratory or in the field, in- cluding laboratory data sheets; • The logs of all readings of gauges or other monitoring equipment, groundwater ele- vations or other test results; and • The results of inventory readings and reconciliations. (3) Visual monitoring must be implemented unless it is deter- mined by the Department to be infeasible to visually monitor. (c) On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any con- tainer holding hazardous materi- als. Electronic sensing devices approved by the Department may be employed as part of the inspection process; provided, that the system is checked daily for malfunctions. iii. Emergency Collection De- vices – Zones 1 and 2: Vacuum suc- tion devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by contract with a cleanup company ap- proved by the Department), in suffi- cient quantity to control and collect the total quantity of hazardous mate- rials plus absorbent material. The presence of such emergency collec- tion devices and/or cleanup contract are the responsibility and at the ex- pense of the owner and shall be doc- umented in the operating permit. iv. Inspection of Containment and Emergency Equipment – Zones 1 and 2: Owners shall estab- lish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspections and mainte- nance activities. Such logs and records shall be made available at all reasonable times to the Department for examination. v. Employee Training – Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operat- ing permit such as emergency re- sponse procedures, proper hazardous waste disposal, monitor- ing and reporting requirements, record keeping requirements, and the types and quantities of hazard- ous materials on site. These training sessions will be documented and re- corded and the names of those in at- tendance will be recorded. These records shall be made available at all reasonable times to the Department for inspection. 4-3-050H (Revised 3/10)3 - 18.26 vi. Additional Facility Require- ments for Zone 1: Owners shall complete the following: (a) Site Monitoring: For facili- ties located in Zone 1 of an APA, an owner of a facility may, at their own expense, be required to in- stitute a program to monitor groundwater, surface water run- off, and/or site soils. The Depart- ment may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the De- partment in order to accommo- date the required groundwater monitoring. Criteria used to de- termine the need for site monitor- ing shall include, but not be limited to, the proximity of the fa- cility to the City’s production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water run- off, and/or soils shall perform such monitoring semi-annually and obtain independent analyti- cal results of the presence and concentration of those chemicals requiring monitoring (including breakdown and transformation products) as identified by the De- partment in the operating permit. The analytical results shall be obtained through the use of De- partment of Ecology-approved methods for water and/or soils. The results shall be filed within ten (10) days with the Depart- ment. If a facility is required to perform site monitoring pursuant to sub- section H2d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, then a site monitoring plan will be re- quired. This plan must indicate procedures to be followed to as- sess groundwater, surface water runoff, and/or soil for concentra- tions of those chemicals requir- ing monitoring as identified by the Department in the operating permit. If a groundwater monitor- ing program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the site monitoring plan which shall also include provisions to address the groundwater monitoring require- ments of subsection H2d(vi) of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, and RMC 4-9-015G3, Unauthorized Re- leases, Monitoring Results. (b) Site Improvements: (1) For facilities located in Zone 1 of an APA, the owner may be required to pave all currently un- paved areas of their facility that are subject to any vehicular use or storage, use, handling, or pro- duction of hazardous materials. (2) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed struc- tures, the City shall evaluate the existing stormwater collection and conveyance system, and re- serves the right to require the owner to upgrade the system to meet the provisions of RMC 4-6-030E4f, Special Require- ment 6 – Aquifer Protection Area (APA). (3) For those facilities located in Zone 1 of an APA, the City may require the owner to test in- terior wastewater plumbing and the building side sewer for tight- ness according to subsection H6a(ii) of this Section, Pipeline Requirements – Zone 1, and re- serves the right to require that such wastewater conveyance be 4-3-050H 3 - 19 (Revised 3/10) repaired or replaced according to subsection H6a(i) of this Section, Pipeline Requirements – Zone 1. (Ord. 5526, 2-1-2010) (c) Capital Cost Reimburse- ment for Additional Operating Permit Requirements: The City shall pay fifty percent (50%) of documented capital costs up to twenty five thousand dollars ($25,000.00) for required instal- lation and construction of moni- toring wells, site paving, wastewater conveyance, and stormwater improvements as re- quired in subsections H2d(vi)(a) and (b) of this Section, Site Mon- itoring and Site Improvements. Payment by the City shall be made according to adopted ad- ministrative rules. 3. Use of Pesticides and Nitrates – APA Zones 1 and 2: a. Use of Pesticides: The application of hazardous materials such as pesti- cides shall be allowed in an APA, except within one hundred feet (100') of a well or two hundred feet (200') of a spring; pro- vided, that: i. The application is in strict confor- mity with the use requirements as set forth by the EPA and as indicated on the containers in which the sub- stances are sold. ii. Persons who are required to keep pesticide application records by RCW 17.21.100.1 and WAC 16-228- 190 shall provide a copy of the re- quired records to the Department within seventy two (72) hours of the application. b. Nitrate-Containing Materials: The application of fertilizers containing ni- trates shall be allowed in an APA except within one hundred feet (100') of a well or two hundred feet (200') of a spring; pro- vided, that: i. No application of nitrate-contain- ing materials shall exceed one-half (0.5) pound of nitrogen per one thou- sand (1,000) square feet per single application and a total yearly applica- tion of five (5) pounds of nitrogen per one thousand (1,000) square feet; except that an approved slow-re- lease nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per one thousand (1,000) square feet per single appli- cation and eight (8) pounds of nitro- gen per one thousand (1,000) square feet per year; and ii. Persons who apply fertilizer con- taining nitrates to more than one con- tiguous acre of land located in the APA either in one or multiple applica- tion(s) per year shall provide to the Department within seventy two (72) hours of any application the following information: (a) The name, address, and telephone number of the person applying the fertilizer; (b) The location and land area of the application; (c) The date and time of the ap- plication; (d) The product name and for- mulation; (e) The application rate. 4. Wastewater Disposal Requirements – Zones 1 and 2: Refer to RMC 4-6-040J, San- itary Sewer Standards, Additional Require- ments that Apply within Zones 1 and 2 of an Aquifer Protection Area. 5. Surface Water Requirements – Zones 1 and 2: Refer to RMC 4-6-030E, Drainage Plan Requirements and Methods of Analysis for additional surface water requirements ap- plicable within Zones 1 and 2 of an Aquifer Protection Area. 4-3-050H (Revised 3/10)3 - 20 6. Pipeline Requirements: a. Pipeline Requirements – Zone 1: i. All new and existing pipelines in Zone 1 shall be constructed or re- paired in accordance with material specifications contained in subsec- tion S of this Section, Pipeline Mate- rial. All existing product pipelines in Zone 1 shall be repaired and main- tained in accordance with best man- agement practices and best available technology. ii. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with the following provi- sions prior to being placed into ser- vice. (a) Pipeline leakage testing shall be conducted in accor- dance with best available tech- nology, to the satisfaction of the Department. (b) Pipeline leakage testing methods shall be submitted to the Department for review prior to testing and shall include a de- tailed description of the testing methods and technical assump- tions; accuracy and precision of the test; proposed testing dura- tions, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. (c) Upon completion of testing, pipeline leakage testing results shall be submitted to the Depart- ment and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. (d) Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Department. iii. If the Department has reason to believe that the operation or pro- posed operation of an existing pipe- line in Zone 1 of an APA may degrade ground water quality, the Department may require leakage testing of the existing pipeline in ac- cordance with subsection H6a(ii) of this Section; and installation, sam- pling, and sample analysis of moni- toring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Department. Crite- ria for this determination is specified under subsection D2b(ii) of this Sec- tion, Potential to Degrade Ground- water – Zone 2, Criteria. iv. Should pipeline leakage testing reveal any leakage at any level then the Department shall require immedi- ate repairs to the pipeline to the sat- isfaction of the Department such that no infiltration of water into the pipe- line or exfiltration of substances con- veyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to sub- section H6a(ii) of this Section. b. Pipeline Requirements – Zone 2: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA may degrade groundwater quality, the Department may require leakage testing in accordance with subsection H6a(ii) of this Section; installation, sam- pling, and sample analysis of groundwa- ter monitoring wells; repair of the pipeline to the satisfaction of the Department such that degradation of groundwater quality is minimized or eliminated. Crite- ria for this determination is specified un- der subsection D2b(ii), Potential to Degrade Groundwater – Zone 2, Criteria. 7. Construction Activity Standards – Zones 1 and 2: Refer to RMC 4-4-030C8, Construction Activity Standards – APA Zones 1 and 2. 8. Fill Material Requirements – Zones 1 and 2: Refer to RMC 4-4-060L4, Fill Material, regarding quality of fill and fill material source statement requirements within aquifer protec- tion areas. 4-3-050I 3 - 20.1 (Revised 3/13) 9. Regulations for Existing Solid Waste Landfills – Zones 1 and 2: a. Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of RMC 4-4-060L4, Fill Material. b. Groundwater Monitoring: The De- partment shall have the authority to re- quire an owner of a solid waste landfill to implement a groundwater monitoring pro- gram equal to that described by King County Board of Health Title 10 (King County Solid Waste Regulations) Section 10.72.020 and a corrective action pro- gram equal to that described by Section 10.72.030. The Department shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Department de- tailing groundwater monitoring activity during the preceding three (3) months. Reports detailing corrective action re- quired by the Department shall be sub- mitted according to a written schedule approved by the Department. 10. Hazardous Materials – Release Re- strictions – Zones 1 and 2: Hazardous ma- terials shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into the air, into groundwater, surface water, surface soils or subsurface soils. Ex- ception: Intentional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under federal, state, or local law. Any unau- thorized releases shall be subject to the pro- cedural requirements of RMC 4-9-015G, Unauthorized Releases. (Ord. 4851, 8-7-2000; Ord. 4992, 12-9-2002; Ord. 5137, 4-25-2005) I. FLOOD HAZARDS: 1. Applicability: Flood hazard regulations shall apply to all areas of special flood haz- ards within the jurisdiction of the City. In addi- tion, all other applicable critical area or Shoreline Master Program regulations shall apply within flood hazard areas. See RMC 4-3-090E for a description of Shoreline Mas- ter Program jurisdictional areas. a. Areas of Special Flood Hazard: Ar- eas of special flood hazard are defined as the land in the floodplain subject to one percent or greater chance of flooding in any given year. Designation on flood maps always include the letters A or V. b. Mapping and Documentation: i. Basic Map and Documentation Identifying Hazards: The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated Septem- ber 29, 1989, and any subsequent revision, with accompanying flood in- surance maps which are hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Pub- lic Works Department. (Ord. 5450, 3-2-2009) ii. When Federal Insurance Study is Not Available: When base flood elevation data has not been provided in accordance with subsec- tion I1b(i) of this Section the Depart- ment Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer subsection I3 of this Section, Specific Standards, and subsection I4 of this Section, Additional Restrictions Within Floodways. The best avail- able information for flood hazard area identification shall be the basis for regulation until a new Flood Insur- ance Rate Map is issued which incor- porates the data utilized under subsection D3a(iv) of this Section. iii. Interpretation of FIRM Bound- aries: Per subsection D3d of this Section, the Administrator shall make interpretations where needed, as to the exact location of the bound- aries of the areas of special flood hazard (for example, where there ap- pears to be a conflict between a mapped boundary and actual field conditions). The best available infor- 4-3-050I (Revised 3/13)3 - 20.2 mation for flood hazard area identifi- cation shall be the basis for regulation. (Ord. 5676, 12-3-2012) iv. Data to be Used for Existing and Future Flow Conditions: The City shall determine the components of the flood hazard area after obtain- ing, reviewing and utilizing base flood elevations and available flood- plain data for a flood having a one percent chance of being equaled or exceeded in any given year, often re- ferred to as the “one-hundred-year flood.” The City may require projec- tions of future flow conditions for pro- posals in unmapped potential flood hazard areas. In mapped or un- mapped flood hazard areas, future flow conditions shall be considered for proposed bridge proposals cross- ing floodways. c. Performance Standards: In addi- tion to general standards of subsection E of this Section, the following regulations, subsections I2 through I4 of this Section, apply in all areas of special flood hazard. 2. General Standards: In all areas of spe- cial flood hazards, the following standards are required: a. Anchoring – All New Construc- tion: All new construction and substantial improvements shall be anchored to pre- vent flotation, collapse, or lateral move- ment of the structure. b. Anchoring – Manufactured Homes: All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s Man- ufactured Home Installation in Flood Hazard Areas guidebook for additional techniques). c. Construction Materials and Meth- ods: i. All new construction and substan- tial improvements shall be con- structed with materials and utility equipment resistant to flood damage. ii. All new construction and sub- stantial improvements shall be con- structed using methods and practices that minimize flood dam- age. iii. Electrical, heating, ventilation, plumbing, and air-conditioning equip- ment and other service facilities shall be designed and/or otherwise ele- vated or located so as to prevent wa- ter from entering or accumulating within the components during condi- tions of flooding. d. Utilities: i. Water: All new and replacement water supply systems shall be de- signed to minimize or eliminate infil- tration of flood waters into the system. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160- 171). ii. Sewer: New and replacement sanitary sewage systems shall be designed to minimize or eliminate in- filtration of flood waters into the sys- tems and discharge from the systems into flood waters. iii. Waste Disposal: On-site waste disposal systems shall be located to avoid impairment to them or contam- ination from them during flooding. e. Subdivision Proposals: i. All subdivision proposals shall be consistent with the need to minimize flood damage; ii. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and 4-3-050I 3 - 20.3 (Revised 6/05) water systems located and con- structed to minimize flood damage; iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and iv. All subdivision proposals shall show the flood hazard information and boundary on the subdivision drawing including the nature, loca- tion, dimensions, and elevations of the subdivided area. f. Project Review: i. Building Permits: Where eleva- tion data is not available either through the flood insurance study or from another authoritative source, i.e., subsection D3a(iv) of this Sec- tion, applications for building permits shall be reviewed to assure that pro- posed construction will be reason- ably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2′) above grade in these zones may result in higher insurance rates. ii. Land Use Applications: Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed devel- opments which contain at least fifty (50) lots or five (5) acres (whichever is less). 3. Specific Standards: In all areas of spe- cial flood hazards where base flood elevation data has been provided as set forth in sub- section I1b of this Section, Mapping and Doc- umentation, or subsection D3a(iv) of this Section, Use of Other Base Flood Data, where such data provides flood elevations that exceed the regulatory standards in the FEMA flood insurance study, the following provisions are required: a. Residential Construction: i. New construction and substantial improvement of any residential struc- ture shall have the lowest floor, in- cluding basement, elevated a minimum of one foot (1′) above base flood elevation. ii. Fully enclosed areas below the lowest floor that are subject to flood- ing are prohibited, or shall be de- signed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered profes- sional engineer or architect or must meet or exceed the following mini- mum criteria: (a) A minimum of two (2) open- ings having a total net area of not less than one square inch for ev- ery square foot of enclosed area subject to flooding shall be pro- vided; and (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. b. Manufactured Homes: i. All manufactured homes to be placed or substantially improved within Zones A1-A30, AH, and AE on the community’s Flood Insurance Rate Map, on sites outside of a man- ufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manu- factured home park or subdivision on which a manufactured home has in- curred “substantial damage” as the result of a flood, shall be elevated on a permanent foundation such that 4-3-050I (Revised 6/05)3 - 20.4 the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely anchored to an ade- quately anchored foundation system to resist flotation, collapse and lateral movement. ii. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the above manufactured home provisions shall be elevated so that either the lowest floor of the manufactured home is el- evated a minimum of one foot (1′) above the base flood elevation or the manufactured home chassis is sup- ported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36′′) in height above grade and be securely an- chored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Nonresidential Construction: New construction of any commercial, indus- trial or other nonresidential structure shall have the lowest floor, including base- ment, elevated a minimum of one foot (1′) above the level of the base flood eleva- tion. Substantial improvement of any commercial, industrial or other nonresi- dential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1′) above the level of the base flood elevation, or, together with attendant utility and sanitary facili- ties, shall: i. Be floodproofed so that below the minimum elevation required in sub- section I3c of this Section the struc- ture is watertight with walls substantially impermeable to the passage of water; ii. Have structural components ca- pable of resisting hydrostatic and hy- drodynamic loads and effects of buoyancy; iii. Be certified by a registered pro- fessional engineer or architect that the design and methods of construc- tion are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifica- tions and plans. Such certifications shall be provided to the Department Administrator; iv. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection I3a(ii) of this Section; v. Applicants floodproofing nonresi- dential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1′) below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot (1′) below). d. Recreational Vehicles: Recre- ational vehicles placed on sites within Zones A1-30, AH, and AE on the commu- nity’s Flood Insurance Rate Map not in- cluding recreational vehicle storage lots shall either: i. Be on the site for fewer than one hundred eighty (180) consecutive days; ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and se- curity devices, and has no perma- nently attached additions; or iii. Meet the requirements of sub- section I3b of this Section and the el- evation and anchoring requirements for manufactured homes. 4. Additional Restrictions within Flood- ways: Located within areas of special flood hazard established in subsection I1b of this Section, Flood Hazards: Mapping and Docu- mentation, are areas designated as flood- ways. Since the floodway is an extremely 4-3-050I 3 - 20.5 (Revised 6/05) hazardous area due to the velocity of flood waters which carry debris, potential projec- tiles, and erosion potential, the following pro- visions apply: a. Increase in Flood Levels Prohib- ited: Encroachments, including fill, new construction, substantial improvements, and other development are prohibited un- less certification by a registered profes- sional engineer demonstrates through hydrologic and hydraulic analyses per- formed in accordance with standard engi- neering practice that: i. Encroachments shall not result in any increase in flood levels during the occurrence of the base flood dis- charge; and ii. There are no adverse impacts to the subject property or abutting or adjacent properties; and iii. There are no higher flood eleva- tions upstream; and iv. The impact due to floodway en- croachment shall be analyzed using future land use condition flows. b. Residential Construction in Floodways: Construction or reconstruc- tion of residential structures is prohibited within designated floodways, except for: i. Repairs, reconstruction, or im- provements to a structure which do not increase the ground floor area; and ii. Repairs, reconstruction or im- provements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: (a) before the repair, reconstruction, or improvement is started; or (b) if the structure has been damaged, and is being re- stored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identi- fied as historic places may be ex- cluded in the fifty percent (50%). c. Compliance Requirements: If sub- sections I4a and I4b of this Section are satisfied, all new construction and sub- stantial improvements shall comply with all applicable flood hazard reduction pro- visions of this Section. 5. Critical Facility: Construction of new critical facilities shall be, to the extent possi- ble, located outside the limits of the special flood hazard area (SFHA) (one hundred (100) year) floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is avail- able. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet (3′) or more above the level of the base flood elevation (one hundred (100) year) at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or re- leased into flood waters. Access routes ele- vated to or above the level of the base flood elevation shall be provided to all critical facil- ities to the extent possible. 6. Compensatory Storage: a. Compensatory Storage Required: Development proposals and other alter- ations shall not reduce the effective base flood storage volume of the floodplain. If grading or other activity will reduce the effective storage volume, compensatory storage shall be created on the site or off the site if legal arrangements can be made to assure that the effective com- pensatory storage volume will be pre- served over time. Compensatory storage shall be configured so as not to trap or strand salmonids after flood waters re- cede and may be configured to provide salmonid habitat or high flow refuge whenever suitable site conditions exist and the configuration does not adversely affect bank stability or existing habitat. b. Additional Requirements – Springbrook Creek: The higher of the City hydrologic and hydraulic model re- sults for the one hundred (100) year fu- ture land use conveyance and storage events shall be used by the City to deter- mine the volume of compensatory stor- age required for filling within the one 4-3-050J (Revised 6/05)3 - 20.6 hundred (100) year flood zone of Spring- brook Creek. i. An exception to this requirement shall apply where the Federal Emer- gency Management Agency (FEMA) defined one hundred (100) year flood zone is lower than the City model re- sults for the one hundred (100) year future land use conveyance event. ii. Under the exception, the lower FEMA floodplain elevation shall be used. The exception only applies for the reach of Springbrook Creek be- tween SW 43rd Street and Oakes- dale Avenue near SW 41st Street. c. Determining Finished Floor Eleva- tions According to FEMA: Although City model results will apply to compen- satory storage requirements, the FEMA one hundred (100) year flood plain eleva- tions shall be used to establish building finished floor elevations to comply with other National Flood Insurance Program requirements. (Amd. Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005) J. GEOLOGIC HAZARDS: 1. Applicability: The geologic hazard regu- lations apply to all nonexempt activities on sites containing steep slopes, landslide haz- ards, erosion hazards, seismic hazards, and/ or coal mine hazards classified below or on sites within fifty feet (50′) of steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below which are located on abutting or adja- cent sites. a. Steep Slopes: i. Steep Slope Delineation Proce- dure: The boundaries of a regulated steep sensitive or protected slope are determined to be in the location identified on the City of Renton’s Steep Slope Atlas. An applicant’s qualified professional may substitute boundaries independently derived from survey data for the City’s con- sideration in determining the bound- aries of sensitive or protected steep slopes. All topographic maps shall utilize two foot (2′) contour intervals or the standard utilized in the City of Renton Steep Slope Atlas. ii. Steep Slope Types: (a) Sensitive slopes. (b) Protected slopes. b. Landslide Hazards: i. Low Landslide Hazard (LL): Ar- eas with slopes less than fifteen per- cent (15%). ii. Medium Landslide Hazard (LM): Areas with slopes between fif- teen percent (15%) and forty percent (40%) and underlain by soils that consist largely of sand, gravel or gla- cial till. iii. High Landslide Hazards (LH): Areas with slopes greater than forty percent (40%), and areas with slopes between fifteen percent (15%) and forty percent (40%) and underlain by soils consisting largely of silt and clay. iv. Very High Landslide Hazards (LV): Areas of known mappable land- slide deposits. c. Erosion Hazards: i. Low Erosion Hazard (EL): Ar- eas with soils characterized by the Natural Resource Conservation Ser- vice (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and that slope less than fifteen percent (15%). ii. High Erosion Hazard (EH): Ar- eas with soils characterized by the Natural Resource Conservation Ser- vice (formerly U.S. Soil Conservation Service) as having severe or very se- vere erosion potential, and that slope more steeply than fifteen percent (15%). 4-3-050J 3 - 20.7 (Revised 3/13) d. Seismic Hazards: i. Low Seismic Hazard (SL): Ar- eas underlain by dense soils or bed- rock. These soils generally have site coefficients of types S1 or S2, as de- fined in the International Building Code. ii. High Seismic Hazard (SH): Ar- eas underlain by soft or loose, satu- rated soils. These soils generally have site coefficients of types S3 or S4, as defined in the International Building Code. (Ord. 5450, 3-2-2009) e. Coal Mine Hazards: i. Low Coal Mine Hazards (CL): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas, undocumented mining is known to have occurred. ii. Medium Coal Mine Hazards (CM): Areas where mine workings are deeper than two hundred feet (200') for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii. High Coal Mine Hazard (CH): Areas with abandoned and improp- erly sealed mine openings and areas underlain by mine workings shal- lower than two hundred feet (200') in depth for steeply dipping seams, or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. f. Volcanic Hazards: Volcanic hazard areas are those areas subject to a poten- tial for inundation from post lahar sedi- mentation along the lower Green River as identified in Plate II, Map D, in the re- port U.S. Department of the Interior, U.S. Geological Survey (Revised 1998), Vol- cano Hazards from Mount Rainier, Wash- ington. Open-File Report 98-428. g. Mapping: Maps of steep slopes, landslide, erosion, seismic, and coal mine hazards are documented and in- cluded in subsection Q of this Section, Maps. The actual presence or absence of the criteria listed above, as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. h. Performance Standards: In addi- tion to the general standards of subsec- tion E of this Section, the following performance standards, subsections J2 to J9 of this Section, apply to all regulated geologic hazard areas, unless the sub- section clearly identifies that the standard applies only to a specific geologic hazard category. Multiple performance stan- dards may apply to a site feature, for ex- ample steep slope, landslide and erosion hazards, based upon overlapping classi- fication systems. 2. Special Studies Required: a. Whenever a proposed development requires a development permit and a geologic hazard is present on the site of the proposed development or on abutting or adjacent sites within fifty feet (50') of the subject site, geotechnical studies by qualified professionals shall be required. Specifically, geotechnical studies are re- quired for developments proposed on sites with any of the following geologic hazards: i. Sensitive and protected slopes; ii. Medium, high, or very high land- slide hazards; iii. High erosion hazards; iv. High seismic hazards; v. Medium or high coal mine haz- ards. b. The required studies shall demon- strate the following review criteria can be met: 4-3-050J (Revised 3/13)3 - 20.8 i. The proposal will not increase the threat of the geological hazard to ad- jacent or abutting properties beyond pre-development conditions; and (Ord. 5676, 12-3-2012) ii. The proposal will not adversely impact other critical areas; and iii. The development can be safely accommodated on the site. c. A mitigation plan may be required consistent with subsection F8 of this Sec- tion. (Ord. 5676, 12-3-2012) 3. Independent Secondary Review: Inde- pendent secondary review is required consis- tent with subsection F7 of this Section. 4. Conditions of Approval: Conditions of approval may modify the proposal, including, but not limited to, construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. Ad- ditional possible conditions may be listed un- der the performance standards for each hazard type. Upon review of geotechnical studies, the development permit shall be con- ditioned to mitigate adverse environmental impacts and to assure that the development can be safely accommodated on the site and is consistent with the purposes of this Sec- tion. A mitigation plan may be required con- sistent with subsection F8 of this Section. 5. Protected Slopes: a. Prohibited Development: Develop- ment is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of prop- erty that includes forty percent (40%) or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. b. Exceptions through Modification: Exceptions to the prohibition may be granted for: i. Filling against the toe of a natural rock wall or rock wall, or protected slope created through mineral and natural resource recovery activities or public or private road installation or widening and related transporta- tion improvements, railroad track in- stallation or improvement, or public or private utility installation activities pursuant to subsection N2 of this Section, Modifications. ii. Grading to the extent that it elim- inates all or portions of a mound or to allow reconfiguration of protected slopes created through mineral and natural resource recovery activities or public or private road installation or widening and related transporta- tion improvements, railroad track in- stallation or improvement, or public or private utility installation activities, pursuant to subsection N2 of this Section, Modifications. c. Exceptions through Variance: Ex- ceptions to the prohibition may be granted for construction, reconstruction, additions, and associated accessory structures of a single family home on an existing legal lot pursuant to a variance as stated in RMC 4-9-250B1. d. Exceptions through Waiver: Ex- ceptions to the prohibition may be granted for installation of public utilities which are needed to protect slope stabil- ity, and public road widening where all the following provisions have been demon- strated: i. The utility or road improvement is consistent with the Renton Compre- hensive Plan, adopted utility plans, and the Transportation Improvement Program where applicable. ii. Alternative locations have been determined to be economically or functionally infeasible. iii. A geotechnical evaluation indi- cates that the proposal will not in- crease the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. iv. The plan for the improvement is based on consideration of the best available science as described in 4-3-050J 3 - 20.9 (Revised 3/13) WAC 365-195-905; or where there is an absence of valid scientific infor- mation, the steps in RMC 4-9-250F are followed. Where the excepted activities above are allowed, the erosion control mea- sures in subsection J6 of this Sec- tion, Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also apply. e. Native Growth Protection Areas – Protected Slopes: Unless development is allowed pursuant to subsections J5a through J5d of this Section, protected slopes shall be placed in a native growth protection area pursuant to subsection E4 of this Section, or dedicated to a con- servation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. f. Conditions of Approval: Based upon the results of the geotechnical re- port and independent review, conditions of approval for developments on sites which include steep slopes may include, but are not limited to, vegetation en- hancement, slope stabilization, buffer zones, or other requirements. Mitigation plans may be required consistent with subsection F8 of this Section. g. Coordination with Stream and Lake Buffers: When a required stream/ lake buffer falls within a protected slope area, the stream/lake buffer width shall extend to the boundary of the protected slope. 6. Sensitive Slopes – Medium, High and Very High Landslide Hazards – High Ero- sion Hazards: The following standards apply to development on sensitive slopes, medium/ high/very high landslide hazard areas, and high erosion hazard areas: a. Erosion Control Plans: Develop- ment applications shall submit erosion control plans consistent with subsection J2 of this Section, Special Studies Re- quired, and chapter 4-8 RMC, Permits and Appeals. b. Conditions of Approval: A devel- opment proposal may be conditioned to achieve minimal site erosion, including, but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. Miti- gation plans may be required consistent with subsection F8 of this Section. (Ord. 5676, 12-3-2012) c. On-Site Inspections: During con- struction, weekly on-site inspections shall be required at the applicant’s expense. Weekly reports documenting erosion control measures shall be required. 7. Very High Landslide Hazards: a. Prohibited Development: Develop- ment shall not be permitted on land des- ignated with very high landslide hazards, except by variance, administered pursu- ant to RMC 4-9-250B1, for construction of a single family home on an existing le- gal lot. b. Buffer Requirement: A buffer of fifty feet (50') shall be established from the top, toe and sides of a very high landslide hazard area. The Department Adminis- trator may increase or decrease the re- quired buffer based upon the results of a geotechnical report, and any increase or decrease based upon the results of the geotechnical study shall be documented in writing and included with the project approval. i. The modified standard shall be based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific infor- mation, the steps in RMC 4-9-250F shall be followed. Notification may be required pursuant to subsection F8 of this Section. ii. When a required stream/lake buffer falls within a very high land- slide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the very high land- slide hazard buffer. 4-3-050J (Revised 3/13)3 - 20.10 c. Native Growth Protection Area – Very High Landslide Hazards: The landslide hazard area shall be placed in a native growth protection area pursuant to subsection E4 of this Section, or dedi- cated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism ac- ceptable to the City. Based upon the re- sults of the geotechnical study, the buffer may be placed in a native growth protec- tion area, or it may be designated as a “no build” easement, or the area may be designated, in part, a native growth pro- tection area and, in part, a “no build” easement. 8. Coal Mine Hazards: a. Medium Hazard – Report Re- quired: Reports consistent with subsec- tion J2 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits and Appeals, shall be prepared for devel- opment proposed within medium coal mine hazard areas and for development proposed within two hundred feet (200') of a medium coal mine hazard area. An applicant may request that the Depart- ment Administrator waive the report re- quirement pursuant to subsection D4b of this Section, Review Authority – Geologic Hazards, Habitat Conservation, Streams and Lakes, and Wetlands, where it has been determined through field documen- tation that coal mine hazards are not present. b. High Hazard – Report Required: Reports consistent with subsection J2 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits and Ap- peals, shall be prepared for development proposed within high coal mine hazard areas and for development proposed within five hundred feet (500') of a high coal mine hazard area. An applicant may request that the Department Administra- tor waive the report requirement pursuant to subsection D4b of this Section, Review Authority – Geologic Hazards, Habitat Conservation, Streams and Lakes, and Wetlands, where it has been determined through field documentation that coal mine hazards are not present. c. Conditions of Approval: Based upon the results of studies prepared, the City may condition approval of develop- ment by requiring mitigation. Potential mitigation may include, but is not limited to, backfilling and sealing mine entries and shafts, backfilling existing sinkholes, removal or regrading or capping coal mine waste dumps, limiting development on portions of the site, or other measures offering equal protection from the hazard. A mitigation plan may be required consis- tent with subsection F8 of this Section. i. Additional Engineering Design and Remediation Specifications: After approval of the mitigation ap- proach proposed as a result of sub- section J8c of this Section, and prior to construction, the applicant shall complete engineering design draw- ings and specifications for remedia- tion. Upon approval of the plans and specifications, the applicant shall complete the remediation. Hazard mitigation shall be performed by or under the direction of a qualified en- gineer or geologist. The applicant shall document the hazard mitigation by submitting as-builts and a remedi- ation construction report. d. Hazards Found during Construc- tion: Any hazards found during any de- velopment activities shall be immediately reported to the Development Services Di- vision. Any coal mine hazards shall be mitigated prior to recommencing con- struction based upon supplemental rec- ommendations or reports by the applicant’s geotechnical professional. e. Construction in Areas with Com- bustion: Construction shall not be per- mitted where surface or subsurface investigations indicate the possible pres- ence of combustion in the underlying seam or seams, unless the impact is ad- equately mitigated in accordance with the recommendations of the applicant’s geo- technical professional. 9. Volcanic Hazards: Critical facilities on sites containing areas susceptible to inunda- tion due to volcanic hazards shall require an evacuation and emergency management 4-3-050K 3 - 20.11 (Revised 3/13) plan. The applicant for critical facilities shall evaluate the risk of inundation or flooding re- sulting from mudflows originating on Mount Rainier in a geotechnical report, and identify any engineering or other mitigation measures as appropriate. Mitigation plans may be re- quired consistent with subsection F8 of this Section. (Amd. Ord. 4835, 8-7-2000; Ord. 4851, 8-7-2000; Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) K. HABITAT CONSERVATION: 1. Applicability: The habitat conservation regulations apply to all nonexempt activities on sites containing or abutting critical habitat as classified below. a. Critical Habitat: Critical habitats are those habitat areas which meet any of the following criteria: i. Habitats associated with the doc- umented presence of non-salmonid (see subsection L1 of this Section and RMC 4-3-090, Shoreline Master Program Regulations, for salmonid species) species proposed or listed by the Federal government or State of Washington as endangered, threatened, candidate, sensitive, monitor, or priority; and/or ii. Category 1 wetlands (refer to subsection M1 of this Section for classification criteria). b. Mapping: i. Critical habitats are identified by lists, categories and definitions of species promulgated by the Wash- ington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011; in the Priority Habitat and Species Program of the Washington State Department of Fish and Wildlife; or by rules and reg- ulations adopted currently or hereaf- ter by the U.S. Fish and Wildlife Service. ii. Referenced inventories and maps are to be used as guides to the general location and extent of critical habitat. Critical habitat which is iden- tified in subsection K1a of this Sec- tion, but not shown on the referenced inventories and maps, are presumed to exist in the City and are also pro- tected under all the provisions of this Section. iii. The actual presence or absence of the criteria listed above, as deter- mined by qualified professionals, shall govern the treatment of an indi- vidual building site or parcel of land requiring compliance with these reg- ulations. c. Performance Standards: In addi- tion to the general standards of subsec- tion E of this Section, the following performance standards, subsections K2 to K5 of this Section, apply to all non-ex- empt activities on sites containing critical habitat areas per subsection K1a of this Section. 2. Habitat Assessment Required: Based upon subsection K1 of this Section, Applica- bility, the City shall require a habitat/wildlife assessment for activities that are located within or abutting a critical habitat, or that are adjacent to a critical habitat, and have the po- tential to significantly impact a critical habitat. The assessment shall determine the extent, function and value of the critical habitat and potential for impacts and mitigation consis- tent with report requirements in RMC 4-8-120D. In cases where a proposal is not likely to significantly impact the critical habitat and there is sufficient information to deter- mine the effects of a proposal, an applicant may request that this report be waived by the Department Administrator in accordance with subsection D4b of this Section. 3. Bald Eagle Habitat: Bald eagle habitat shall be protected pursuant to the Washing- ton State Bald Eagle Protection Rules (WAC 232-12-292). 4. Native Growth Protection Areas: Based on the required habitat assessment, critical habitat areas and their associated buffers may be required to be placed in a na- tive growth protection area subject to the re- quirements of subsection E4 of this Section, or dedicated to a conservation organization 4-3-050L (Revised 3/13)3 - 20.12 or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. (Ord. 5676, 12-3-2012) 5. Alterations Require Mitigation: If alter- ations to critical habitat/wildlife habitat or buff- ers are proposed, mitigation shall be required by the City. The applicant shall evaluate alter- native methods of developing the property using the following criteria in this order: a. Avoid any disturbances to the habitat. b. Minimize any impacts to the hab- itat. c. Compensate for any habitat im- pacts. 6. Mitigation Options: In addition to any performance standards or mitigation required by wetland regulations, additional mitigation may be required based upon the consultant report submitted by the applicant, and/or peer review of the applicant’s consultant report by a qualified professional selected by the City at the applicant’s expense, and/or by informa- tion from State or Federal agencies. (Ord. 5676, 12-3-2012) a. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site miti- gation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. b. Off-Site Mitigation: When mitiga- tion cannot be provided on-site, mitiga- tion shall be provided in the immediate vicinity of the permitted activity on prop- erty owned or controlled by the applicant, and identified as such through a recorded document such as an easement or cove- nant, provided such mitigation is benefi- cial to the habitat area and associated resources. c. In-Kind Mitigation: In-kind mitiga- tion shall be provided except when the applicant demonstrates and the City con- curs that greater functional and habitat value can be achieved through out-of- kind mitigation. (Ord. 5676, 12-3-2012) 7. Mitigation Plan: Mitigation plans may be required consistent with subsection F8 of this Section. (Ord. 5137, 4-25-2005) L. STREAMS AND LAKES: 1. Applicability/Lands to Which These Regulations Apply: These stream and lake regulations apply to sites containing all or portions of Class 2 to 4 streams or lakes and/ or their buffers as described below. This sec- tion does not apply to Class 1 waters which are regulated by RMC 4-3-090, Shoreline Master Program Regulations, or to Class 5 waters which are exempt. All other critical area regulations, including, but not limited to, flood hazard regulations and wetland regula- tions, do apply to classified streams where applicable. a. Classification System: The follow- ing classification system is hereby adopted for the purposes of regulating streams and lakes in the City. Stream and lake buffer widths are based on the fol- lowing rating system: i. Class 1: Class 1 waters are pe- rennial salmonid-bearing waters which are classified by the City and State as Shorelines of the State. ii. Class 2: Class 2 waters are pe- rennial or intermittent salmonid-bear- ing waters which meet one or more of the following criteria: (a) Mapped on Figure Q4, Renton Water Class Map, as Class 2; and/or (b) Historically and/or currently known to support salmonids, in- cluding resident trout, at any stage in the species lifecycle; and/or (c) Is a water body (e.g., pond, lake) between one half (0.5) acre and twenty (20) acres in size. iii. Class 3: Class 3 waters are non-salmonid-bearing perennial wa- ters during years of normal rainfall, and/or mapped on Figure Q4, 4-3-050L 3 - 20.13 (Revised 11/09) Renton Water Class Map, as Class 3. iv. Class 4: Class 4 waters are non-salmonid-bearing intermittent waters during years of normal rain- fall, and/or mapped on Figure Q4, Renton Water Class Map, as Class 4. v. Class 5: Class 5 waters are non- regulated non-salmonid-bearing wa- ters which meet one or more of the following criteria: (a) Flow within an artificially constructed channel where no naturally defined channel had previously existed; and/or (b) Are a surficially isolated wa- ter body less than one-half (0.5) acre (e.g., pond) not meeting the criteria for a wetland as defined in subsection M of this Section. b. Measurement: i. Stream/Lake Boundary: The boundary of a stream or lake shall be considered to be its ordinary high wa- ter mark (OHWM). The OHWM shall be flagged in the field by a qualified consultant when any study is re- quired pursuant to subsection L of this Section. ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or lake to the width ap- plicable to the stream/lake class as noted in Subsection L5 of this Sec- tion, Stream/Lake Buffer Width Re- quirements. Where streams enter or exit pipes, the buffer in this subsec- tion L1b(ii) shall be measured per- pendicular to the ordinary high water mark from the end of the pipe along the open channel section of the stream. Figure 4-3-050L1b(ii). Buffer mea- surement at pipe opening. c. Maps and Inventory: i. Mapped Streams and Lakes: The approximate location and extent of Class 2 to 4 water bodies within the City limits are indicated on a map in subsection Q of this Section, Maps. The map is to be used as a guide to the general location and ex- tent of streams. Specific locations and extents will be determined by the City based upon field review and ap- plicant-funded studies prepared pur- suant to subsection L3 of this Section. ii. Reclassification: Where there is a conflict between the Renton Wa- ter Class Map in Subsection Q and the criteria in subsection L1a of this Section, the criteria in subsection L1a of this Section shall govern. The reclassification of a water body to a lower class (i.e., 2 to 3, or 3 to 4, etc.) requires administrator acceptance of a supplemental stream or lake study, followed by a legislative amendment to the map in subsection Q of this Section prior to its effect. The reclas- sification of a water body to a higher class (i.e., 5 to 4, or 4 to 3, or 3 to 2, etc.) requires either: administrator acceptance of a supplemental stream or lake study, or consultation with the Washington Department of Fish and Wildlife, followed by a legis- lative amendment to the map in Sub- section Q of this Section prior to its effect. (Ord. 5468, 7-13-2009) iii. Unmapped Streams and Lakes: Streams and lakes which are 90° 4-3-050L (Revised 11/09)3 - 20.14 defined in subsection L1a of this Sec- tion, Classification System, but not shown on the Renton Water Class Map in subsection Q of this Section, are presumed to exist in the City and are regulated by all the provisions of this Section. If the water body is un- mapped according to the City of Renton’s Water Class Map (refer to subsection Q of this Section), and: (a) The width of the stream channel averages less than two feet (2') at the ordinary high wa- ter mark; or (b) The stream channel has an average gradient of greater than twenty percent (20%); or (c) The channel or water body is upstream of an existing, en- during, and complete barrier to salmonid migration, as inter- preted in subsection L1c(iv) of this Section, or as shown on the City of Renton’s Salmonid Migra- tion Barrier Map, and the chan- nel or water body contains water only intermittently upstream of the barrier during years of nor- mal rainfall; or (d) The water body is isolated from any connected stream and/ or wetland; or (e) The water body is less than one-half (0.5) acre in size and connected to a stream meeting the criteria noted in subsections L1c(iii)(a) through (c) of this Sec- tion; Then the water body is consid- ered non-salmonid-bearing and water class would be assessed based upon the non-salmonid- bearing waters criteria in subsec- tions L1a(iii) through (v) of this section. However, if none of the conditions above apply, then the water body is considered Salmo- nid-Bearing – Class 2. Classifi- cation of an unmapped stream or lake requires the Administrator’s determination, followed by a leg- islative amendment to the map prior to its effect. (Ord. 5468, 7-13-2009) iv. Salmonid Migration Barriers: For the purposes of classifying or re- classifying water bodies, features de- termined by the Administrator to be salmonid migration barriers per defi- nition in RMC 4-11-190 shall be mapped. The Administrator shall pre- pare and update the map as appro- priate and maintain a copy in the Planning Customer Service Area. (Ord. 5450, 3-2-2009) v. Experts or State Agency May Be Required or Consulted: The City may require an applicant to re- tain an expert or to consult the Wash- ington Department of Fish and Wildlife to assess salmonid-bearing status of the channel in question and prepare a report to the City detailing the facts and conclusion of their anal- ysis. vi. Criteria to Govern: The actual presence or absence of the stream and lake criteria listed in this subsec- tion L, as determined by qualified professionals, shall govern the treat- ment of an individual building site or parcel of land requiring compliance with these regulations. 2. Applicability – Activities to Which This Section Applies: This Section applies to all non-exempt activities on sites contain- ing Class 2 to 4 streams or lakes and their as- sociated buffers. 3. Studies Required: a. When Standard Stream or Lake Study Is Required: The applicant shall be required to conduct a standard stream or lake study per RMC 4-8-120 if a site contains a water body or buffer area or the project area is within one hundred feet (100') of a water body even if the wa- ter body is not located on the subject property. 4-3-050L 3 - 20.15 (Revised 3/13) b. When Supplemental Stream or Lake Study is Required: The applicant shall be required to conduct a supple- mental stream or lake study per RMC 4-8-120 if a site contains a water body or buffer area and changes to buffer re- quirements or alterations of the water body or its associated buffer are pro- posed, either administratively or via a variance request. c. When Stream or Lake Mitigation Plan is Required: The applicant shall be required to conduct a stream or lake mit- igation plan per RMC 4-8-120 if impacts are identified within a supplemental stream or lake study. The approval of the stream or lake mitigation plan by the Ad- ministrator shall be based on the criteria located in subsection L3c(ii) of this Sec- tion. i. Timing of Mitigation Plan – Fi- nal Submittal and Commence- ment: When a stream or lake mitigation plan is required, the appli- cant shall submit a final mitigation plan for the approval of the Adminis- trator prior to the issuance of building or construction permits, whichever comes first. The applicant shall re- ceive written approval of the final mit- igation plan prior to commencement of any mitigation activity. ii. Criteria for Approval of Stream or Lake Mitigation Plan for Alter- ations of Streams and Lakes or Associated Buffers: In order to ap- prove a stream or lake mitigation plan the Administrator shall find that the plan demonstrates compliance with the following criteria: (a) Mitigation Location: Miti- gation location shall follow the preferences in subsections L3c(ii)(a)(1) to (4) of this Section. Basins and subbasins are indi- cated in subsection Q of this Section, Maps: (1) On-Site Mitigation: On- site mitigation is required unless a finding is made that on-site mit- igation is not feasible or desir- able; (Ord. 5676, 12-3-2012) (2) Off-Site Mitigation within Same Drainage Subbasin as Subject Site: Off-site mitigation may be allowed when located within the same drainage subba- sin as the subject site and if it achieves equal or improved eco- logical functions over mitigation on the subject site; (3) Off-Site Mitigation within Same Drainage Basin within City Limits: Off-site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved eco- logical functions within the City over mitigation within the same drainage subbasin as the project; (4) Off-Site Mitigation within the Same Drainage Basin Out- side the City Limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or im- proved ecological functions over mitigation within the same drain- age basin within the Renton City limits and it meets City goals. (b) Mitigation Type: Types of mitigation shall follow the prefer- ences in subsections L3c(ii)(b)(1) to (4) of this Section: (1) Daylighting (returning to open channel) of streams or re- moval of manmade salmonid mi- gration barriers; (2) Removal of impervious sur- faces in buffer areas and im- proved biological function of the buffer; (3) In-stream or in-lake mitiga- tion as part of an approved wa- tershed basin restoration project; 4-3-050L (Revised 3/13)3 - 20.16 (4) Other mitigation suitable for site and water body conditions that meet all other provisions for a mitigation plan. In all cases, mitigation shall pro- vide for equivalent or greater bio- logical functions per subsection L3c(ii)(e) of this Section. (c) Contiguous Corridors: Mitigation sites shall be located to preserve or achieve contigu- ous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed; and (d) Non-Indigenous Species: Wildlife or fish species not indig- enous to the region shall not be introduced into a riparian mitiga- tion area unless authorized by a State or Federal permit or ap- proval. Plantings shall be consis- tent with subsection L6c of this Section; and (e) Equivalent or Greater Bio- logical Functions: The Admin- istrator shall utilize the report “City of Renton Best Available Science Literature Review and Stream Buffer Recommenda- tions” by AC Kindig & Company and Cedarock Consultants, dated February 27, 2003, unless superseded with a City-adopted study, to determine the existing or potential ecological function of the stream or lake or riparian habitat that is being affected. Mit- igation shall address each func- tion affected by the alteration. Mitigation to compensate alter- ations to stream/lake areas and associated buffers shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for ad- verse impacts upstream or downstream of the development proposal site. No net loss of ri- parian habitat or water body function shall be demonstrated; and (f) Minimum Mitigation Plan Performance Standards: See Subsection F8 of this Section. (g) Additional Conditions of Approval: The Administrator shall condition approvals of ac- tivities allowed within or abutting a stream/lake or its buffers, as necessary to minimize or miti- gate any potential adverse im- pacts. Conditions may include, but are not limited to, the follow- ing: (1) Preservation of critically im- portant vegetation and/or habitat features such as snags and downed wood; (2) Limitation of access to the habitat area, including fencing to deter unauthorized access; (3) Seasonal restriction of con- struction activities; and (4) Establishment of a duration and timetable for periodic review of mitigation activities. (h) Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as de- scribed in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are fol- lowed. iii. Performance Surety: The Ad- ministrator shall require a perfor- mance surety to ensure completion and success of proposed mitigation, per subsection G of this Section and RMC 4-1-230. iv. Alternative Mitigation: The mitigation requirements set forth in this subsection L3 may be modified 4-3-050L 3 - 20.17 (Revised 3/13) at the Administrator’s discretion if the applicant demonstrates that im- proved habitat functions, on a per function basis, can be obtained in the affected sub-drainage basin as a re- sult of alternative mitigation mea- sures. d. Studies Waived: i. Standard Stream or Lake Study: May only be waived by the Administrator when the applicant provides satisfactory evidence that: (a) A road, building or other barrier exists between the water body and the proposed activity, or (b) The water body or required buffer area does not intrude on the applicant’s lot, and based on evidence submitted, the pro- posal will not result in significant adverse impacts to nearby water bodies regulated under this Sec- tion; or (c) Applicable data and analy- sis appropriate to the proposed project exists and an additional study is not necessary. ii. Supplemental Stream or Lake Study: May only be waived by the Administrator when: (a) No alterations or changes to the stream or lake, or its stan- dard buffer are proposed; or (b) Applicable data and analy- sis appropriate to the proposed project exists and an additional report is not necessary. iii. Stream or Lake Mitigation Plan: May only be waived when no impacts have been identified through a supplemental stream or lake study. e. Period of Validity for Studies As- sociated with This Section: Studies submitted and reviewed are valid for five (5) years from date of study completion unless the Administrator determines that conditions have changed significantly. 4. General Standards for Class 2 to 4 Wa- ters: a. Disturbance Prohibited: Streams and lakes and their buffer areas shall be undisturbed, except where the buffer is to be enhanced, or where exemptions al- lowed in subsection C of this Section are conducted, or where allowed to be al- tered in accordance with subsections L5, L7 and L8 of this Section. Where water body or buffer disturbance has occurred in accordance with exemption or devel- opment permit approval during construc- tion or other activities, revegetation with native vegetation shall be required. b. No Net Loss: There shall be no net loss of riparian area or shoreline ecologi- cal function resulting from any activity or land use occurring within the regulated buffer area. 5. Stream/Lake Buffer Width Require- ments: a. Buffers and Setbacks: i. Minimum Stream/Lake Buffer Widths: The minimum width of the required buffers shall be based upon the water body class. (a) Class 2: one hundred feet (100'). (b) Class 3: seventy five feet (75'). (c) Class 4: thirty five feet (35'). ii. Piped or Culverted Streams: (a) Building structures over a natural stream located in an un- derground pipe or culvert except as may be granted by a variance in RMC 4-9-250 is prohibited. Transportation or utility cross- ings or other alterations pursuant to subsection L8 of this Section are allowed. Pavement over a 4-3-050L (Revised 3/13)3 - 20.18 pre-existing piped stream is al- lowed. Relocation of the piped stream system around structures is allowed. If structure locations are proposed to be changed or the piped stream is being relo- cated around buildings, a hydro- logic and hydraulic analysis of existing piped stream systems will be required for any develop- ment project site that contains a piped stream to ensure it is sized to convey the one hundred (100) year runoff level from the total upstream tributary area based on future land use conditions. (b) No buffers are required along segments of piped or cul- verted streams. The City shall re- quire easements and setbacks from pipes or culverts consistent with stormwater requirements in RMC 4-6-030 and the adopted drainage manual. b. Increased Buffer Width: i. Areas of High Blow-down Po- tential: Where the stream/lake buffer is in an area of high blow-down po- tential as identified by a qualified pro- fessional, the buffer width may be expanded an additional fifty feet (50') on the windward side. Notifications may be required per subsection F8 of this Section. (Ord. 5676, 12-3-2012) ii. Buffers Falling Within Pro- tected Slope or Very High Land- slide Area: When the required stream/lake buffer falls within a pro- tected slope or very high landslide hazard area or buffer, the stream/ lake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. Notifications may be required per subsection F8 of this Section. c. Reduction of Buffer Width: i. Authority: Based upon an appli- cant’s request, and the acceptance of a supplemental stream or lake study, the Administrator may ap- prove a reduction in the minimum buffer widths where the applicant can demonstrate compliance with sub- sections L5c(iv)(a), (c), (d), (e) and (f) of this Section and any mitigation re- quirements as a result of subsection L3c(ii) of this Section; or compliance with subsections L5c(iv)(b), (c), (d), (e), and (f) of this Section and any mitigation requirements as a result of subsection L3c(ii) of this Section. ii. Minimum Buffer Width Permis- sible by Administrator: An en- hanced buffer shall not be less than the widths specified below for re- duced buffers. (a) Class 2: seventy five feet (75'). (b) Class 3: fifty feet (50'). (c) Class 4: twenty five feet (25'). (d) Sites Separated from Stream or Lake: As determined by the Administrator, for develop- ment proposed on sites sepa- rated from the stream or lake by pre-existing, intervening, and lawfully created structures, roads, bulkheads/hard structural stabilization, or other substantial existing improvements. For the purposes of this Section, the in- tervening lots/parcels, roads, bulkheads/hard structural stabili- zation, or other substantial im- provements shall be found to: (1) Separate the subject up- land property from the water body due to their height or width; and (2) Substantially prevent or im- pair delivery of most riparian functions from the subject upland property to the water body. The buffer width established shall reflect the riparian functions that can be delivered to the regu- lated stream. 4-3-050L 3 - 20.19 (Revised 3/13) Greater buffer width reductions than listed in subsections L5c(ii)(a) through (c) of this Sec- tion require review as a variance per subsection N3 of this Section and RMC 4-9-250B. Where a Class 2 or 3 stream is daylighted, greater buffer reductions may be allowed by modification in sub- section N2 of this Section. iii. Procedure: Such determination and evidence shall be included in the application file. Public notification shall be given as follows: (a) For applications that are not subject to notices of application per chapter 4-8 RMC, notice of the buffer determination shall be given by posting the site and no- tifying parties of record, if any, in accordance with chapter 4-8 RMC. (b) For applications that are subject to notices of application, the buffer determination or re- quest for determination shall be included with notice of applica- tion. Upon determination, notifi- cation of parties of record, if any, shall be made. iv. Criteria for Approval of Re- duced Buffer Width: The following criteria in subsections L5c(iv)(a) and (c) through (f), or criteria (iv)(b) through (f) of this Section shall be met: (a) Buffer Condition: Either subsection (1) and (3) through (5) shall be met or subsection (2) through (5) shall be met: (1) The buffer area land is ex- tensively vegetated with native species, including trees and shrubs, and has less than five percent (5%) non-native invasive species cover, and has less than fifteen percent (15%) slopes; or (2) The buffer can be en- hanced with native vegetation and removal of non-native spe- cies per criteria in subsection L5c(iv)(c) of this Section, and has less than fifteen percent (15%) slopes; and (3) The width reduction will not reduce stream or lake functions, including those of anadromous fish or nonfish habitat; and (4) The width reduction will not degrade riparian habitat; and (5) No direct or indirect, short- term or long-term, adverse im- pacts to regulated water bodies, as determined by the City, will re- sult from a regulated activity. The City’s determination shall be based on specific site studies by recognized experts, pursuant to subsection F3 of this section and RMC 4-8-120; or (b) The proposal includes day- lighting of a stream, or removal of legally installed, as deter- mined by the Administrator, salmonid passage barriers; and (c) The project includes a buffer enhancement plan using native vegetation and substanti- ates that the enhanced area will be equal to or improve the func- tional attributes of the buffer; or in the case of existing developed sites where a natural buffer is not possible, the proposal includes on- or off-site riparian/lakeshore or aquatic enhancement propor- tionate to its project specific or cumulative impact on shoreline ecological functions; and (d) The proposal will result in, at minimum, no net loss of stream/lake/riparian ecological function; and (e) The proposal does not re- sult in increased flood hazard risk; and 4-3-050L (Revised 3/13)3 - 20.20 (f) The proposed buffer stan- dard is based on consideration of the best available science as de- scribed in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are fol- lowed. d. Averaging of Buffer Width: i. Authority: Based upon an appli- cant’s request, and the acceptance of a supplemental stream or lake study, the Administrator may ap- prove buffer width averaging. ii. Minimum Averaged Buffer Widths: In no instance shall the buffer width be less than: (a) Class 2: fifty feet (50'). (b) Class 3: thirty seven and one-half feet (37.5'). (c) Class 4: twenty five feet (25'). Greater buffer width reductions than listed in subsections L5(d)(iii)(a) through (c) of this Section require review as a vari- ance per subsection N3 of this Section and RMC 4-9-250B. iii. Criteria for Approval: Buffer width averaging may be allowed by the Administrator only where the ap- plicant demonstrates all of the follow- ing: (a) The water body and associ- ated riparian area contains varia- tions in ecological sensitivity or there are existing physical im- provements in or near the water body and associated riparian area; and (b) Buffer width averaging will result in no net loss of stream/ lake/riparian ecological function; and (c) The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging; and (d) The proposed buffer stan- dard is based on consideration of the best available science as de- scribed in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are fol- lowed. iv. Buffer Enhancement May be Required: Where the buffer width is reduced by averaging per this sub- section, buffer enhancement shall be required where appropriate to site conditions, habitat sensitivity, and proposed land development charac- teristics. v. Notification: Notification may be required consistent with subsection F8 of this Section. 6. Stream or Lake Buffer Use Restric- tions and Maintenance: Any activity or pro- posal subject to this subsection L shall comply with the following standards within re- quired buffer areas: a. Preservation of Native Vegetation: Existing native vegetation shall be pre- served to the extent possible, preferably in consolidated areas. b. Revegetation Required: Where wa- ter body buffer disturbance has occurred in accordance with exemption or devel- opment permit approval or other activi- ties, revegetation with native vegetation shall be required. c. Use of Native Species: When revegetation is required, approved native species, or other appropriate species naturalized to the Puget Sound region shall be used. A variety of species shall be used which serve as food or shelter from climatic extremes and predators, and as structure and cover for reproduc- 4-3-050L 3 - 20.21 (Revised 3/13) tion and rearing of young. (Ord. 5676, 12-3-2012) d. Removal of Noxious Species: When required as a condition of ap- proval, noxious or undesirable species of plants shall be removed or controlled so as to not compete with native vegetation. e. Impervious Surface Restrictions: Where impervious surfaces exist in buffer areas, such impervious surfaces shall not be increased or expanded within the buffer area. The extent of impervious sur- faces within the buffer area may only be rearranged if the reconfiguration of im- pervious surfaces and restoration of prior surfaced areas is part of an enhance- ment proposal that improves ecological function of the area protected by the buffer. 7. Criteria for Permit Approval – Class 2 to 4: Permit approval for projects on or near regulated water bodies shall be granted only if the approval is consistent with the provi- sions of this subsection L, and complies with the following: a. Creation of Native Growth Protec- tion Areas Required: As a condition of any approval for any development permit issued pursuant to this Section, the prop- erty owner shall be required to create a native growth protection area containing the stream/lake area and associated buffers based upon field investigations performed pursuant to subsection E4 of this Section; and b. At least one of the following condi- tions must apply: i. A proposed action meets the standard provisions of this Section and results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or ii. A proposed action meets alterna- tive administrative standards pursu- ant to this Section and the proposed activity results in no net loss of regu- lated riparian area or shoreline eco- logical function in the drainage basin where the site is located; or iii. A variance process is success- fully completed and the proposed ac- tivity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located. (Ord. 5676, 12-3-2012) 8. Alterations Within Streams and Lakes or Associated Buffers. a. Transportation Crossings: i. Criteria for Administrative Ap- proval of Transportation Cross- ings in Stream/Lake or Buffer Areas: Construction of vehicular or non-vehicular transportation cross- ings may be permitted in accordance with an approved supplemental stream/lake study subject to the fol- lowing criteria: (a) The proposed route is de- termined to have the least impact on the environment, while meet- ing City Comprehensive Plan Transportation Element require- ments and standards in RMC 4-6-060; and (b) The crossing minimizes in- terruption of downstream move- ment of wood and gravel; and (c) Transportation facilities in buffer areas shall not run parallel to the water body; and (d) Crossings occur as near to perpendicular with the water body as possible; and (e) Crossings are designed ac- cording to the Washington De- partment of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guide- lines for Salmonid Passage at Stream Crossings, 2000, as may be updated, or equivalent manu- als as determined by the Admin- 4-3-050L (Revised 3/13)3 - 20.22 istrator; and (Ord. 5676, 12-3-2012) (f) Seasonal work windows are determined and made a condi- tion of approval; and (g) Mitigation criteria of sub- section L3c(ii) of this Section are met. b. Alterations of Streams and Lakes or Associated Buffers – Utilities: i. Criteria for Administrative Ap- proval of Utilities in Stream/Lake or Buffer: New utility lines and facili- ties may be permitted to cross water bodies in accordance with an ap- proved supplemental stream/lake study, if they comply with the follow- ing criteria: (a) Fish and wildlife habitat ar- eas shall be avoided to the max- imum extent possible; and (b) The utility is designed con- sistent with one or more of the following methods: (1) Installation shall be accom- plished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or (2) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendic- ular to the channel centerline; or (3) Crossings shall be con- tained within the footprint of an existing road or utility crossing; and (c) New utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and (d) The utility installation shall not increase or decrease the nat- ural rate of shore migration or channel migration; and (e) Seasonal work windows are determined and made a condi- tion of approval; and (f) Mitigation criteria of subsec- tion L3c(ii) of this Section are met. c. Alterations of Streams and Lakes or Associated Buffers – In-Water Structures and In-Water Work: i. Administrative Approval of In- Water Structures or In-Water Work: In accordance with an ap- proved supplemental stream or lake study, in-water structures or work may be permitted, subject to the fol- lowing: In-stream structures, such as, but not limited to, high flow by- passes, sediment ponds, in-stream ponds, retention and detention facili- ties, tide gates, dams, and weirs, shall be allowed as part of an ap- proved watershed basin restoration project approved by the City of Renton, and in accordance with miti- gation criteria of subsection L3c(ii) of this Section. The applicant will obtain and comply with State or Federal per- mits and requirements. d. Alterations of Streams and Lakes or Associated Buffers – Dredging. i. Administrative Approval of Dredging: Dredging may be permit- ted only when: (a) Dredging is necessary for flood hazard reduction purposes, if a definite flood hazard would exist unless dredging were per- mitted; or (b) Dredging is necessary to correct problems of material dis- tribution and water quality, when such problems are adversely af- fecting aquatic life; or (c) Dredging is associated with a stream habitat enhancement or 4-3-050L 3 - 20.23 (Revised 3/13) creation project not otherwise exempt in subsection C of this Section; or (d) Dredging is necessary to protect public facilities; or (e) Dredging is required as a maintenance and operation con- dition of a federally funded flood hazard reduction project or a hazard mitigation project; and (f) Applicable mitigation criteria of subsection L3c(ii) of this Sec- tion are met. e. Alterations of Streams and Lakes or Associated Buffers – Stream Relo- cation: i. Administrative Approval of Stream Relocation: Stream reloca- tion may be allowed when analyzed in an accepted supplemental stream or lake assessment, and when the following criteria and conditions are met: (a) Criteria: Stream relocation may only be permitted if associ- ated with: (1) A public flood hazard reduc- tion/habitat enhancement project approved by appropriate State and/or Federal agencies; or (2) Expansion of public road or other public facility improve- ments where no feasible alterna- tive exists; or (3) A public or private proposal restoring a water body and re- sulting in a net benefit to on- or off-site habitat and species. (b) Additional Conditions: The following conditions also ap- ply to any stream relocation pro- posal meeting one or more of the above criteria: (1) Buffer widths shall be based upon the new stream lo- cation; provided, that the buffer widths may be reduced or aver- aged if meeting criteria of sub- section L5c or L5d of this Section or subsection L8e(i)(b)(2) of this Section. Where minimum re- quired buffer widths are not fea- sible for stream relocation proposals that are the result of activities pursuant to criteria in subsections L8e(i)(a)(1) and (2) of this Section, other equivalent on- or off-site compensation to achieve no-net-loss of riparian function is provided; (2) When Class 4 streams are proposed for relocation due to expansions of public roads or other public facility improve- ments per subsection L8e(i)(a)(2) of this Section, the buffer area between the facility and the relocated stream shall not be less than the width prior to the relocation. The provided buffer between the facility and the relocated stream shall be en- hanced or improved to provide appropriate function given the class and condition of the stream; or if there is no buffer currently, other equivalent on- or off-site compensation to achieve no net loss of riparian function is provided. (3) Applicable mitigation criteria of subsection L3c(ii) of this Sec- tion must be met. (4) Proper notifications and records must be made of stream relocations, per subsection D3b of this Section, Information to be Obtained and Maintained, and subsection D3c of this Section, Alterations of Watercourses, in cases where the stream/lake is subject to flood hazard regula- tions of this Section, as well as subsection F8 of this Section if neighboring properties are im- pacted. 4-3-050M (Revised 3/13)3 - 20.24 f. Alterations – Single Family Home – Existing Legal Lot: If criteria to reduce or average a buffer cannot be met, con- struction, reconstruction, additions, and associated accessory structures of a sin- gle family home on an existing legal lot may be allowed to intrude into a buffer pursuant to a variance as stated in RMC 4-9-250B1. g. Alterations – Other: Proposed al- terations of a stream or lake or associ- ated buffer not addressed by subsections L8a to L8f of this Section require a vari- ance pursuant to RMC 4-9-250B in order to be conducted. h. When Variance Is Required: If the proposed alteration applicable to Sub- sections L8a to L8g of this Section does not meet the above criteria, it shall re- quire a variance per subsection N3 of this Section and RMC 4-9-250B in order to be conducted. 9. Incentives for Restoration of Streams Located in an Underground Pipe or Cul- vert: Daylighting of culverted watercourses should be encouraged and allowed with the following incentives: a. Modified Standards: i. Residential Zones: Reduced setbacks, lot width and lot depth standards of chapter 4-2 RMC may be approved without requirement of a variance for lots that abut the day- lighted watercourse to accommodate the same number of lots as if the wa- tercourse were not daylighted. (Ord. 5676, 12-3-2012) ii. Mixed Use, Commercial, and Industrial Zones: (a) Where greater lot coverage allowances are provided for structured parking in chapter 4-2 RMC, lot coverage may be in- creased to the limit allowed for structured parking if instead a stream is daylighted. The in- crease in impervious surface al- lowed shall be equal to the area of stream restoration. (b) Density bonuses may be al- lowed pursuant to RMC 4-9-065 where specified. b. Standard buffers may be reduced per subsection L5c of this Section. If reduced buffers in subsection L5c of this Section along with other development standards of the zone would not allow the same de- velopment level as without the water- course daylighting, a modification may be requested as in subsection N of this Sec- tion. c. When designed consistent with the City’s flood regulations in subsection I6 of this Section, portions of the daylighted stream/created buffer may be considered part of compensatory storage in flood hazard areas. d. Stream relocation is permitted sub- ject to subsection L8 of this Section. (Ord. 5137, 4-25-2005) M. WETLANDS: 1. Applicability: The wetland regulations apply to sites containing or abutting wetlands as described below. Category 3 wetlands, less than two thousand two hundred (2,200) square feet in area, are exempt from these regulations if they meet exemption criteria in subsection C of this Section. a. Classification System: The follow- ing classification system is hereby adopted for the purposes of regulating wetlands in the City. Wetlands buffer widths, replacement ratios and avoid- ance criteria shall be based on the follow- ing rating system: i. Category 1: Category 1 wetlands are wetlands which meet one or more of the following criteria: (a) The presence of species listed by Federal or State govern- ment as endangered or threat- ened, or the presence of essential habitat for those spe- cies; and/or (b) Wetlands having forty per- cent (40%) to sixty percent 4-3-050M 3 - 20.25 (Revised 3/13) (60%) permanent open water (in dispersed patches or otherwise) with two (2) or more vegetation classes; and/or (c) Wetlands equal to or greater than ten (10) acres in size and having three (3) or more vegetation classes, one of which is open water; and/or (d) The presence of plant asso- ciations of infrequent occur- rence; or at the geographic limits of their occurrence; and/or ii. Category 2: Category 2 wet- lands are wetlands which meet one or more of the following criteria: (a) Wetlands that are not Cate- gory 1 or 3 wetlands; and/or (b) Wetlands that have heron rookeries or osprey nests, but are not Category 1 wetlands; and/or (c) Wetlands of any size lo- cated at the headwaters of a wa- tercourse, i.e., a wetland with a perennial or seasonal outflow channel, but with no defined in- fluent channel, but are not Cate- gory 1 wetlands; and/or (d) Wetlands having minimum existing evidence of human-re- lated physical alteration such as diking, ditching or channeliza- tion; and/or iii. Category 3: Category 3 wet- lands are wetlands which meet one or more of the following criteria: (a) Wetlands that are severely disturbed. Severely disturbed wetlands are wetlands which meet the following criteria: (1) Are characterized by hydro- logic isolation, human-related hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and (2) Have soils alterations such as the presence of fill, soil re- moval and/or compaction of soils; and (3) May have altered vegeta- tion. (b) Wetlands that are newly emerging. Newly emerging wet- lands are: (1) Wetlands occurring on top of fill materials; and (2) Characterized by emergent vegetation, low plant species richness and used minimally by wildlife. These wetlands are gen- erally found in the areas such as the Green River Valley and Black River Drainage Basin. (c) All other wetlands not clas- sified as Category 1 or 2 such as smaller, high quality wetlands. b. Maps and Inventory: i. The approximate location and ex- tent of wetlands in the City is dis- played in subsection Q of this Section, Maps. The map is to be used as a guide to the general loca- tion and extent of wetlands. ii. Wetlands which are defined in subsection M1a of this Section, Clas- sification System, but not shown on the Renton Wetlands Map Inventory, are presumed to exist in the City and are also protected under all the provi- sions of this Section. iii. The actual presence or absence of the wetland criteria listed above, as determined by qualified profes- sionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. c. Delineation of Wetland Edge: For the purpose of regulation, the wetland edge should be delineated pursuant to subsection M4 of this Section. 4-3-050M (Revised 3/13)3 - 20.26 d. Regulated and Nonregulated Wet- lands: Refer to subsection M1a and M1e of this Section for applicability thresholds for regulatory and nonregulatory wet- lands. e. Performance Standards: In addi- tion to general standards of subsection E of this Section, the following performance standards apply to all regulated wet- lands. i. Regulated and Nonregulated Wetlands – General: Wetlands cre- ated or restored as a part of a mitiga- tion project are regulated wetlands. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites for purposes other than wetland mitiga- tion, including, but not limited to, irri- gation and drainage ditches, grass- lined swales, canals, detention facili- ties, wastewater treatment facilities, farm pond, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construc- tion of a road, street, or highway. The Department Administrator shall de- termine that a wetland is not regu- lated on the basis of photographs, statements, and other evidence. ii. Nonregulated Category 3 Wet- lands: Based upon an applicant re- quest, the Department Administrator may determine that Category 3 wet- lands are not considered regulated wetlands, if the applicant demon- strates the following criteria are met: (a) The wetland formed on top of fill legally placed on a prop- erty; and (b) The wetland hydrology is solely provided by the compac- tion of the soil and fill material; and (c) The U.S. Army Corps of En- gineers has determined that they will not take jurisdiction over the wetland. 2. General Standards for Permit Ap- proval: Permit approval for projects involving regulated wetlands or wetland buffers shall be granted only if the approval is consistent with the provisions of this Section. Addition- ally, approvals shall only be granted if: a. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropri- ate measures to minimize and compen- sate for unavoidable impacts; and b. The proposed activity results in no net loss of regulated wetland area, value, or function in the drainage basin where the wetland is located; or c. A variance process is successfully completed to determine conditions for permitting of activity requested including measures to reduce impacts as appropri- ate. (Ord. 5676, 12-3-2012) 3. Study Required: a. When Study Is Required: Wetland assessments are required as follows: i. Wetland Classification: The ap- plicant shall be required to conduct a study to determine the classification of the wetland if the subject property or project area is within one hundred feet (100') of a wetland even if the wetland is not located on the subject property but it is determined that al- terations of the subject property are likely to impact the wetland in ques- tion or its buffer. If there is a potential Category 1 or 2 wetland within three hundred feet (300') of a proposal, the City may require an applicant to con- duct a study even if the wetland is not located on the subject property but it is determined that alterations of the subject property are likely to impact the wetland in question or its buffer. ii. Wetland Delineation: A wetland delineation is required for any portion of a wetland on the subject property that will be impacted by the permitted activities. 4-3-050M 3 - 20.27 (Revised 3/13) b. Study Waived: The wetland as- sessment shall be waived by the Depart- ment Administrator when the applicant provides satisfactory evidence that a road, building or other barrier exists be- tween the wetland and the proposed ac- tivity, or when the buffer area needed or required will not intrude on the applicant’s lot, or when applicable data and analysis appropriate to the project proposed ex- ists and an additional report is not neces- sary. 4. Delineation of Regulatory Edge of Wetlands: a. Methodology: For the purpose of regulation, the exact location of the wet- land edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation using the proce- dures provided in the following manual: Washington State Wetlands Identification and Delineation Manual, Washington State Department of Ecology, March 1997, Ecology Publication No. 96-94. b. Delineations – Open Water: Where wetlands are contiguous with areas of open freshwater, streams, or rivers, the delineation shall be consistent with the Washington State Wetlands Rating Sys- tem: Western Washington, Second Edi- tion, Washington State Department of Ecology, August 1993, Publication No. 93-74, Appendix 5, or another accepted Federal or State methodology, subject to City review. c. Adjustments to Delineation by City: Where the applicant has provided a delineation of the wetland edge, the City shall review and may render adjustments to the edge delineation. In the event the adjusted edge delineation is contested by the applicant, the City shall, at the appli- cant’s expense, obtain the services of an additional qualified wetlands specialist to review the original study and render a fi- nal delineation. d. Period of Validity for Wetland De- lineation: i. Within City Limits: A final wet- land delineation, for properties within the city limits at the time the delinea- tion was prepared, is valid for five (5) years, unless the Administrator de- termines that conditions have changed. ii. Outside City Limits: The period of validity of wetland delineations for properties, which were unincorpo- rated at the time of the delineation, will be determined by the Administra- tor. Following a review of a wetland delineation prepared for an unincor- porated property, since annexed into the City, the Administrator may re- quire adjustments be made to the study or a new study prepared, per subsection M4 of this Section, Delin- eation of Regulatory Edge of Wet- lands. 5. Determination of Wetland Classifica- tion: Wetland studies shall determine the ap- propriate wetland classification according to subsection M1 of this Section, Wetlands. The City may accept a dual wetland classification for a wetland exhibiting a combination of Cat- egory 1 and 2 features or a combination of Category 1 and 3 features. The City will not accept a dual rating for a Category 2 wetland, such as a combined Category 2 and 3 rating. Dual ratings for a Category 1 wetland shall be consistent with the Washington State Wet- lands Rating System: Western Washington, Second Edition, Washington State Depart- ment of Ecology, August 1993, Publication No. 93-74 or as thereafter amended or up- dated. 6. Wetland Buffers: a. Buffers Required: i. Wetland buffer zones shall be re- quired of all proposed regulated ac- tivities abutting regulated wetlands. ii. Any wetland created, restored, or enhanced in conjunction with cre- ation or restoration as compensation for approved wetland alterations 4-3-050M (Revised 3/13)3 - 20.28 shall include the standard buffer re- quired for the class of the wetland be- ing replaced. iii. All required wetland buffer zones shall be retained in their natu- ral condition. Category 3 wetland buffers of twenty five feet (25') re- quire the buffers be fully vegetated with native species or restored; oth- erwise increased buffer widths to protect functions and values may be required. iv. Where buffer disturbance has occurred during construction or other activities, revegetation with native vegetation may be required. b. Measurement of Buffers: All buff- ers shall be measured from the wetland boundary as surveyed in the field pursu- ant to the requirements of subsection M4a of this Section, Methodology. c. Standard Buffer Zone Widths: i. The width of the required wetland buffer zone shall be determined ac- cording to the wetland category. The buffer zone required for all regulated wetlands is determined by the classi- fication of the wetland. If standard buffer widths cannot be met, and buffer reductions per subsection M6e of this Section and buffer averaging per subsection M6f of this Section cannot be accomplished, a variance to buffer requirements may be re- quested per subsection N of this Sec- tion, Alternates, Modifications and Variances, and RMC 4-9-250B, Vari- ance Procedures. If the criteria in subsection M6d of this Section are met, standard buffers may be in- creased. ii. To protect the buffer functions, permits shall be conditioned as ap- propriate to the nature of the devel- opment. Conditions of approval may include, but are not limited to, the fol- lowing: (a) Fencing pursuant to sub- section E4e of this Section, plant materials, and signage pursuant to subsection E4f of this Section, to limit pet and human distur- bance; (b) Directing lights from build- ings or parking areas, or noise- generating activities, away from the wetland; (c) Implementing water quality treatment measures required in RMC 4-6-030, Drainage (Sur- face Water) Standards; (d) Avoidance of buffer distur- bance and retention of the buffer in a natural condition consistent with subsection M6a of this Sec- tion. (Ord. 5676, 12-3-2012) d. Increased Wetland Buffer Zone Width: Each applicant shall document in required wetland assessments whether the criteria in subsections M6d(i) through (iv) of this Section are or are not met and increased wetland buffers are warranted. Based on the applicant’s report or third party review, increased standard buffer zone widths may be required in unique cases, i.e., endangered species, very fragile areas, when a larger buffer is nec- essary to protect wetlands functions and values. Such determination shall be at- tached as a condition of project approval. Analysis shall be prepared as directed in subsection M6d(v) of this section, and notification shall be given pursuant to cri- teria in subsection M6d(vi) of this Sec- tion. i. The wetland is used by species listed by the Federal or the State gov- ernment as threatened, endangered and sensitive species and State- listed priority species, essential habi- tat for those species or has unusual nesting or resting sites such as heron Wetland Category Standard Buffer Category 1 100 feet Category 2 50 feet Category 3 25 feet 4-3-050M 3 - 20.29 (Revised 3/13) rookeries or raptor nesting trees or evidence thereof; or ii. The subject property, or nearby lands to which the subject property drains in route to a wetland, are sus- ceptible to severe erosion, and ero- sion control measures will not effectively prevent adverse wetland impacts; or iii. The subject property or nearby lands to which the subject property drains in route to a wetland have min- imal vegetative cover or slopes greater than fifteen percent (15%) and conditions cannot be restored to prevent adverse wetland impacts; or iv. Wetland-dependent wildlife spe- cies are observed to be present in the wetland, and may require larger buffers based upon the evaluation in subsection M6d(v) of this Section; and v. For proposals meeting any of the criteria in subsections M6d(i) to (iv) of this Section, buffers are established using a site specific evaluation and documentation of buffer adequacy based upon The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000, Wetlands in Washington State Volume 2: Guidance for Protecting and Managing Wetlands, Appendix 8C (Hruby, et al., 2005), or similar ap- proaches; and vi. Notification is given consistent with subsection F8 of this Section. (Ord. 5676, 12-3-2012) e. Reduction of Buffer Width: Based upon an applicant’s request, the Adminis- trator may approve a reduction in the standard wetland buffer zone widths on a case-by-case basis for Class 1 and 2 wetlands where the applicant can dem- onstrate compliance with subsections M6e(i) and (iii) or (ii) and (iii) of this Sec- tion. Such determination and evidence shall be included in the application file and public notification shall be given in accordance with M6e(iv) of this Section. Conditions may be applied in accordance with subsection M6e(v) of this Section. i. The buffer area land is exten- sively vegetated and has less than fifteen percent (15%) slopes and no direct or indirect, short-term or long- term, adverse impacts to regulated wetlands, as determined by the City, will result from a regulated activity. The City’s determination shall be based on specific site studies by rec- ognized experts. The City may re- quire long-term monitoring of the project and subsequent corrective actions if adverse impacts to regu- lated wetlands are discovered; or ii. The project includes a buffer en- hancement plan using native vegeta- tion and substantiates that the enhanced buffer will be equal to or improve the functional attributes of the buffer. An enhanced buffer shall not result in greater than a twenty five percent (25%) reduction in the buffer width. Greater buffer width reduc- tions require review as a variance per subsection N3 of this Section. iii. The proposal shall rely upon a site specific evaluation and docu- mentation of buffer adequacy based upon The Science of Wetland Buffers and Its Implications for the Manage- ment of Wetlands, McMillan 2000, or similar approaches. The proposed buffer standard is based on consider- ation of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. iv. Public notification of the buffer reduction determination shall be given as follows: (a) For applications that are not subject to notices of application per chapter 4-8 RMC, notice of the buffer determination shall be given by posting the site and no- tifying parties of record, if any, in accordance with chapter 4-8 RMC. 4-3-050M (Revised 3/13)3 - 20.30 (b) For applications that are subject to notices of application, the buffer determination or re- quest for determination shall be included with notice of applica- tion. Upon determination, notifi- cation of parties of record, if any, shall be made. v. Conditions of approval equiva- lent or greater than those identified in subsection M6c(ii) of this Section shall be applied to ensure that the re- duced buffer width protects the func- tions and values of the associated wetlands. (Ord. 5676, 12-3-2012) f. Averaging of Buffer Width: Stan- dard wetland buffer zones may be modi- fied by averaging buffer widths. Upon applicant request, wetland buffer width averaging may be allowed by the Depart- ment Administrator only where the appli- cant demonstrates all of the following: i. That the wetland contains varia- tions in ecological sensitivity or there are existing physical improvements in or near the wetland and buffer; and ii. That width averaging will not ad- versely impact the wetland function and values; and iii. That the total area contained within the wetland buffer after aver- aging is no less than that contained within the required standard buffer prior to averaging; and iv. A site specific evaluation and documentation of buffer adequacy based upon The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000, or similar approaches have been conducted. The proposed buffer standard is based on consider- ation of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. v. In no instance shall the buffer width be reduced by more than fifty percent (50%) of the standard buffer or be less than twenty five feet (25') wide. Greater buffer width reductions require review as a variance per sub- section N3 of this Section and RMC 4-9-250B; and vi. Buffer enhancement in the ar- eas where the buffer is reduced shall be required on a case-by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. vii. Notification may be required pursuant to subsection F8 of this Section. 7. Wetlands – Native Growth Protection Areas: As a condition of any approval issued pursuant to this Section for any development permit, the property owner shall be required to create a separate native growth protection area containing the areas determined to be wetland and/or wetland buffer in field investi- gations performed pursuant to subsection M4 of this Section, Delineation of Regulatory Edge of Wetlands, and subsection M5 of this Section, Determination of Wetland Classifica- tion. Native growth protection areas shall be established pursuant to subsection E4 of this Section. 8. Wetland Changes – Alternative Meth- ods of Development: If wetland changes are proposed for a non-exempt activity, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant per- mit approval per subsection M2 of this Sec- tion, General Standards for Permit Approval, a determination shall be made as to whether the feasibility of less intrusive methods of de- velopment have been adequately evaluated and that less intrusive methods of develop- ment are not feasible. (Ord. 5676, 12-3-2012) a. Avoid any disturbances to the wet- land or buffer; b. Minimize any wetland or buffer im- pacts; 4-3-050M 3 - 20.30a (Revised 3/13) c. Restore any wetlands or buffer im- pacted or lost temporarily; and d. Compensate for any permanent wet- land or buffer impacts by one of the fol- lowing methods: i. Restoring a former wetland and provide buffers at a site once exhibit- ing wetland characteristics to com- pensate for wetlands lost; ii. Creating new wetlands and buff- ers for those lost; and (Revised 3/13)3 - 20.30b This page left intentionally blank. 4-3-050M 3 - 20.31 (Revised 6/05) iii. In addition to restoring or creat- ing a wetland, enhancing an existing degraded wetland to compensate for lost functions and values. 9. Compensating for Wetlands Impacts: a. Goal: The overall goal of any com- pensatory project shall be no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of “no net loss” means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function. b. Plan Requirements: The applicant shall develop a plan that provides for land acquisition, construction, maintenance and monitoring of replacement wetlands that recreate as nearly as possible the wetland being replaced in terms of acre- age, function, geographic location and setting, and that are equal to or larger than the original wetlands. c. Plan Performance Standards: Compensatory mitigation shall follow an approved mitigation plan pursuant to subsections M8 to M10 of this Section and shall meet the minimum perfor- mance standards in subsection F8 of this Section. d. Acceptable Mitigation – Perma- nent Wetland Impacts: Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. En- hancement of wetlands may be provided as mitigation if it is conducted in conjunc- tion with mitigation proposed to create or restore a wetland in order to maintain “no net loss” of wetland acreage. Subsec- tions M10 through M12 provide further detail on wetland restoration, creation, and enhancement. e. Restoration, Creation, or Com- bined Enhancement Required – Com- pensation for Permanent Wetland Impacts: As a condition of any permit al- lowing alteration of wetlands and/or wet- land buffers, or as an enforcement action, the City shall require that the ap- plicant engage in the restoration or cre- ation of wetlands and their buffers (or funding of these activities) in order to off- set the impacts resulting from the appli- cant’s or violator’s actions. Enhancement in conjunction with restoration or creation may be allowed in order to offset the im- pacts resulting from an applicant’s ac- tions. Enhancement is not allowed as compensation for a violator’s actions. f. Compensating for Temporary Wet- land Impacts: Where wetland distur- bance has occurred during construction or other activities, see subsection C5f(ii) of this Section. g. Mitigation Bank Agreement – Gla- cier Park Company: Pursuant to the Wetland Mitigation Bank Agreement be- tween the City and the Glacier Park Com- pany, King County recording number 9206241805, wetland alteration and wet- land mitigation shall be conducted in ac- cordance with the agreement. 10. Wetland Compensation – Restora- tion, Creation, and Enhancement: The ap- plicant may propose a mitigation approach that includes restoration or creation solely or combines restoration or creation with en- hancement. The City may require one mitiga- tion approach in favor of another if it is determined that: a. There is a greater probability of suc- cess in ensuring no net loss of wetlands acreage, functions, and values; and b. The mitigation approach can be ac- complished on-site rather than off-site. 11. Wetlands Creation and Restoration: a. Creation or Restoration Propos- als: Any applicant proposing to alter wet- lands may propose to restore wetlands or create new wetlands, with priority first for on-site restoration or creation and then second, within the drainage basin, in or- der to compensate for wetland losses. Restoration activities must include restor- ing lost hydrologic, water quality and bio- logic functions. 4-3-050M (Revised 6/05)3 - 20.32 b. Compliance with Goals: Applicants proposing to restore or create wetlands shall identify how the restoration or cre- ation plan conforms to the purposes and requirements of this Section and estab- lished regional goals of no net loss of wetlands. c. Category: Where feasible, created or restored wetlands shall be a higher category than the altered wetland. In no cases shall they be lower, except as fol- lows: For impacts to Category 1 shrub- scrub and emergent wetlands, if it is in- feasible to create or restore a site to be- come a Category 1 wetland, the Administrator may allow for creation/res- toration of high quality Category 2 wet- lands at one hundred fifty percent (150%) of the normally required creation/replace- ment ratios of Category 1 shrub-scrub or emergent wetlands, within the basin. d. Design Criteria: Requirements for wetland restoration or creation as com- pensation areas shall be determined ac- cording to the function, acreage, type and location of the wetland being replaced. Compensation requirements should also consider time factors, the ability of the project to be self-sustaining and the pro- jected success based on similar projects. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Mul- tiple or cooperative compensation projects may be proposed for one project in order to best achieve the goal of no net loss. Restoration or creation must be within the same drainage basin. e. Acreage Replacement Ratio: The ratios listed in subsection M11e(i) of this Section, Ratios for Wetlands Creation or Restoration, apply to all Category 1, 2, or 3 wetlands for restoration or creation which is in-kind, on- or off-site, timed prior to alteration, and has a high probability of success. The required ratio must be based on the wetland category and type that require replacement. Ratios are de- termined by the probability of recreating successfully the wetland and the inability of guarantees of functionality, longevity, and duplication of type and/or functions. i. RATIOS FOR WETLANDS CREATION OR RESTORATION: Wetland Category Vegetation Type Creation/Restoration Ratio Category 1 Forested Scrub-shrub Emergent 6 times the area altered. 3 times the area altered. 2 times the area altered. Category 2 Forested Scrub-shrub Emergent 3 times the area altered. 2 times the area altered. 1.5 times the area altered. Category 3 Forested Scrub-shrub Emergent 1.5 times the area altered. 1.5 times the area altered. 1.5 times the area altered. 4-3-050M 3 - 20.33 (Revised 3/13) f. Increased Creation/Restoration/ Replacement Ratios: Ratios may be in- creased under the following circum- stances: uncertainty as to the probable success of the proposed restoration or creation; significant period of time be- tween destruction and replication of wet- land functions; projected losses in functional value; or off-site compensa- tion. The requirement for an increased replacement ratio will be determined through SEPA review, except in the case of remedial actions resulting from illegal alterations where the Administrator or Environmental Review Committee may require increased wetland replacement ratios. (Ord. 5676, 12-3-2012) g. Decreased Creation/Restoration/ Replacement Ratios: i. Category 1: Ratios for Category 1 forested and scrub-shrub wetlands may be decreased to 2.0 times the area altered, and to 1.5 times the area altered for emergent wetlands, provided the applicant has success- fully replaced the wetland prior to its filling and has shown that the re- placement is successfully estab- lished for five (5) years. ii. Category 2: Ratios for Category 2 forested and scrub-shrub wetlands may be decreased to 1.5 times the area altered provided the applicant has successfully replaced the wet- land prior to its filling and has shown that the replacement is successfully established for two (2) years. Ratios for Category 2 emergent wetlands may be reduced to 1.25 times the area altered provided the applicant has successfully replaced the wet- land prior to its filling and has shown that the replacement is successfully established for two (2) years. iii. Category 3: (a) Ratios for Category 3 emer- gent wetlands may be decreased to 1.0 times the area altered pro- vided the applicant has success- fully replaced the wetland prior to its filling and has shown that the replacement is successfully es- tablished for twelve (12) months. Ratios for Category 3 scrub- shrub and forested wetlands may be reduced to 1.25 times the area altered provided the ap- plicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. (b) If the applicant can aggre- gate two (2) or more Category 3 wetlands, each less than ten thousand (10,000) square feet, into one wetland, the replace- ment ratio shall be reduced to 1:1. If the combined wetland would be rated as a Category 2 wetland as a result of the combi- nation, the buffer requirement may be reduced to twenty five feet (25') minimum provided the buffer is enhanced. (Ord. 5676, 12-3-2012) h. Category 3 Replacement Option: The applicant, at his/her expense, may select to use accepted Federal or State methods to establish the functions and values for the Category 3 wetland being replaced in lieu of replacement by acre- age only. A third party review, funded by the applicant, and hired and managed by the City, shall review and verify the re- ports. Dependent upon the results of the functions and values evaluation, a Cate- gory 3 wetland may be replaced by as- suring that all the functions and values are replaced in another location, within the same basin. i. Minimum Restoration/Creation Ra- tio: Unless allowed by subsection M11g of this Section, restoration or creation ra- tios may only be reduced by modification or variance pursuant to subsection N of this Section, Alternates, Modifications and Variances, and RMC 4-9-250B, Vari- ance Procedures, and RMC 4-9-250D, Modification Procedures. In order to maintain no net loss of wetland acreage, in no case shall the restoration or cre- ation ratio be less than 1:1. This mini- 4-3-050M (Revised 3/13)3 - 20.34 mum ratio may not be modified through the modification or variance process. 12. Wetland Enhancement: a. Enhancement Proposals – Com- bined with Restoration and Creation: Any applicant proposing to alter wetlands may propose to enhance an existing de- graded wetland, in conjunction with res- toration or creation of a wetland in order to compensate for wetland losses. Wet- land enhancement shall not be allowed as compensation if it is not accomplished in conjunction with a proposal to restore or create a wetland. b. Evaluation Criteria: A wetland en- hancement compensation project may be approved; provided, that enhancement for one function will not degrade another function unless the enhancement would provide a higher functioning wetland with greater or multiple environmental bene- fits. For example, an enhancement may degrade habitat for one wildlife species but overall it may result in a wetland that provides higher function to a wider vari- ety of wildlife species. Wetland function assessment shall be conducted in con- formance with accepted Federal or State methodologies. (Ord. 5676, 12-3-2012) c. Wetlands Chosen for Enhance- ment: An applicant proposing to alter wetlands may propose to enhance an ex- isting Category 2 or 3 wetland. Existing Category 1 wetlands shall not be en- hanced to compensate for wetland alter- ation unless the wetland selected for enhancement is a Category 1 wetland only by virtue of its acreage and three (3) vegetation classes, where the existing vegetation is characterized partly or wholly by invasive wetland species. d. Mitigation Ratios: Wetland alter- ations shall be created, restored and en- hanced using the formulas in subsection M12d(i), Ratios for Wetland Restoration or Creation plus Enhancement. The fol- lowing is an example of use of the formu- las below: If one acre of Category 2, forested wet- land, were proposed to be removed, the creation/replacement ratio (subsection M11e(i) of this Section) requires that three (3) acres of forested Category 2 wetland be restored or created; if wetland enhancement were proposed (subsec- tion M12d(i) of this Section) for the Cate- gory 2, forested wetland, 1.5 acres of forested Category 2 wetland would have to be created/restored and two (2) acres of forested Category 2 wetland en- hanced, possibly in a different part of the same wetland. i. RATIOS FOR WETLAND RESTORATION OR CREATION PLUS ENHANCEMENT Wetland Category Vegetation Type Restoration or Creation Ratio Enhancement Ratio Category 1 Forested Scrub-shrub Emergent 3 times the area altered 1.5 times the area altered 1 times the area altered plus plus plus 3.5 times the area altered 2 times the area altered 1.5 times the area altered Category 2 Forested Scrub-shrub Emergent 1.5 times the area altered 1 times the area altered 1 times the area altered plus plus plus 2 times the area altered 1.5 times the area altered 1 times the area altered Category 3 Forested Scrub-shrub Emergent 1 times the area altered 1 times the area altered 1 times the area altered plus plus plus 1 times the area altered 1 times the area altered 1 times the area altered 4-3-050M 3 - 20.35 (Revised 3/13) e. Ratio Modification and Minimum Restoration/Creation Ratio: i. An applicant may propose an in- creased creation or restoration ratio and a decreased enhancement ratio if the total combined ratio is main- tained overall. Restoration/creation or enhancement ratios shown in sub- section M12d of this Section may only be reduced by modification or variance pursuant to subsection N3 of this Section, Alternatives, Modifi- cations and Variances, and RMC 4-9-250B, Variance Procedures, and RMC 4-9-250D, Modification Proce- dures. In order to maintain no net loss of wetland acreage, in no case shall the restoration or creation ratio be less than 1:1. This minimum ratio may not be modified through the vari- ance process. ii. Ratios may be increased under the following circumstances: uncer- tainty as to the probable success of the proposed restoration or creation or enhancement proposal; significant period of time between destruction and replication of wetland functions; projected losses in functional value; or off-site compensation. The re- quirement for an increased mitigation ratio will be determined through SEPA review, except in the case of remedial actions resulting from illegal alterations where the Administrator or Environmental Review Committee may require increased mitigation ra- tios. (Ord. 5676, 12-3-2012) 13. Out-of-Kind Replacement: Out-of- kind replacement may be approved in place of in-kind compensation only where the appli- cant can demonstrate that: a. The wetland system is already signif- icantly degraded and out-of-kind replace- ment will result in a wetland with greater functional value; or b. Scientific problems such as exotic vegetation and changes in watershed hy- drology make implementation of in-kind compensation impossible or unaccept- able; or c. Out-of-kind replacement will best meet identified regional goals (e.g., re- placement of historically diminished wet- land types). (Ord. 5676, 12-3-2012) 14. Off-Site Compensation: a. When Permitted: Off-site compen- sation may be approved in lieu of on-site compensation only where the applicant can demonstrate that: i. The hydrology and ecosystem of the original wetland and those abut- ting or adjacent land and/or wetlands which benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and ii. On-site compensation is not fea- sible due to problems with hydrology, soils, or other factors; or iii. Compensation is not practical due to potentially adverse impact from surrounding land uses; or iv. The proposed wetland functions at the mitigation site are significantly greater than the wetland functions that could be reasonably achieved with on-site mitigation, and there is no significant loss of function on-site, i.e., at the development project site; or v. Established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been addressed and strongly justify location of compensatory measures at another site. (Ord. 5676, 12-3-2012) b. Locations: Any off-site compensa- tion shall follow the preferences in sub- sections M14b(i) to (iii) of this Section. Basins and subbasins are indicated in subsection Q of this Section, Maps: i. Off-Site Mitigation within Same Drainage Subbasin as Subject Site: Off-site mitigation may be al- lowed when located within the same drainage subbasin as the subject site 4-3-050M (Revised 3/13)3 - 20.36 subject to criteria in subsection M14a of this Section; ii. Off-Site Mitigation within Same Drainage Basin within City Limits: Off-site mitigation may be al- lowed when located within the same drainage basin within the Renton City limits if it achieves equal or im- proved ecological functions within the City over mitigation within the same drainage subbasin as the project, and shall be subject to crite- ria in subsection M14a of this Sec- tion; iii. Off-Site Mitigation within the Same Drainage Basin Outside the City Limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved ecological functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals, and shall be subject to criteria in sub- section M14a of this Section. c. Siting Recommendations: In se- lecting compensation sites, the City en- courages applicants to pursue siting compensation projects in disturbed sites which were formerly wetlands, and espe- cially those areas which would result in a series of interconnected wetlands. d. Timing: Compensatory projects shall be substantially completed and ap- proved by the City prior to the issuance of an occupancy permit. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. A surety device may be approved for completion of construction. (Ord. 5676, 12-3-2012) 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Manage- ment Programs (SAMP): a. Applicability: The City encourages and will facilitate and approve coopera- tive projects wherein a single applicant or other organization with demonstrated ca- pability may undertake a compensation project under the following circum- stances: i. Restoration or creation on-site may not be feasible due to problems with hydrology, soils, or other factors; or ii. Where the cooperative plan is shown to better meet established re- gional goals for flood storage, flood conveyance, habitat or other wetland functions. b. Process: Applicants proposing a co- operative compensation project shall: i. Submit a permit application; ii. Demonstrate compliance with all standards; iii. Demonstrate that long-term management will be provided; and iv. Demonstrate agreement for the project from all affected property owners of record. c. Mitigation Banks: Mitigation banks are defined as sites which may be used for restoration, creation and/or mitigation of wetland alternatives from a different piece of property than the property to be altered within the same drainage basin. The City of Renton maintains a mitigation bank. A list of City mitigation bank sites is maintained by the Public Works Depart- ment. With the approval of the Public Works Department, non-City-controlled mitigation banks may be established and utilized. (Ord. 5450, 3-2-2009) d. Special Area Management Pro- grams: Special area management pro- grams are those wetland programs agreed upon through an interjurisdic- tional planning process involving the U.S. Army Corps of Engineers, the Washing- ton State Department of Ecology, any af- fected counties and/or cities, private property owners and other parties of in- terest. The outcome of the process is a regional wetlands permit representing a plan of action for all wetlands within the special area. 4-3-050N 3 - 20.37 (Revised 3/13) e. Compensation Payments to Miti- gation Bank: If approved, compensation payments received as part of a mitigation or creation bank must be received prior to the issuance of an occupancy permit. (Ord. 5676, 12-3-2012) 16. Mitigation Plans: a. Required for Restoration, Cre- ation and Enhancement Projects: All wetland restoration, creation, and en- hancement in conjunction with restora- tion and creation projects required pursuant to this Section either as a permit condition or as the result of an enforce- ment action shall follow a mitigation plan prepared by qualified wetland specialists approved by the City. b. Timing for Mitigation Plan Submit- tal and Commencement of any Work: See subsection F8 of this Section. c. Content of Mitigation Plan: Unless the City, in consultation with qualified wetland specialists, determines, based on the size and scope of the develop- ment proposal, the nature of the im- pacted wetland and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced, the miti- gation plan shall address all require- ments in RMC 4-8-120D23, Wetland Mitigation Plan, and subsection F8 of this Section. d. Performance Surety: As a condition of approval of any mitigation plan, a per- formance surety shall be required per RMC 4-1-230 and subsection G of this Section. (Amd. Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005; Ord. 5676, 12-3-2012) N. ALTERNATES, MODIFICATIONS AND VARIANCES: 1. Alternates: a. Applicability: See RMC 4-9-250E. 2. Modifications: a. Applicability: The Department Ad- ministrator may grant modifications, per RMC 4-9-250D1, Application Time and Decision Authority, in the following cir- cumstances: i. Aquifer Protection – Modifica- tions: The Department will consider modification applications in the fol- lowing cases: (a) The request is to find that a standard is inapplicable to that activity, facility, or development permit due to the applicant’s pro- posed methods or location; or (b) The request is to modify a specific standard or regulation due to practical difficulties; and (c) The request meets the in- tent and purpose of the aquifer protection regulations. Based upon application of the above tests in subsection N2a(i)(a), (b), and (c) of this Sec- tion, applications which are con- sidered appropriate for review as modifications are subject to the procedures and criteria in RMC 4-9-250D, Modification Proce- dures. Requests to modify regu- lations or standards which do not meet the above tests shall be processed as variances. (d) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: The proposed modi- fication is based on consider- ation of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific in- formation, the steps in RMC 4-9-250F are followed. ii. Geologic Hazards – Modifica- tions: An applicant may request that the Administrator grant a modifica- tion to allow: 4-3-050N (Revised 3/13)3 - 20.38 (a) Regrading of any slope which was created through previ- ous mineral and natural resource recovery activities or was cre- ated prior to adoption of applica- ble mineral and natural resource recovery regulations or through public or private road installation or widening and related transpor- tation improvements, railroad track installation or improve- ment, or public or private utility installation activities; (b) Filling against the toe of a natural rock wall or rock wall cre- ated through mineral and natural resource recovery activities or through public or private road in- stallation or widening and related transportation improvements, railroad track installation or im- provement or public or private utility installation activities; and/ or (c) Grading to the extent that it eliminates all or portions of a mound or to allow reconfigura- tion of protected slopes created through mineral and natural re- source recovery activities or pub- lic or private road installation or widening and related transporta- tion improvements, railroad track installation or improvement, or public or private utility installation activities. The following procedures shall apply to any of the above activi- ties: (1) The applicant shall submit a geotechnical report describing any potential impacts of the pro- posed regrading and any neces- sary mitigation measures; (2) All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant’s ex- pense; (3) The Department Adminis- trator may grant, condition, or deny the request based upon the proposal’s compliance with the applicable modification criteria of RMC 4-9-250D; and (4) Any slope which remains forty percent (40%) or steeper following site development shall be subject to all applicable geo- logic hazard regulations for steep slopes and landslide haz- ards, in this Section. (5) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: The proposed modi- fication is based on consider- ation of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific in- formation, the steps in RMC 4-9-250F are followed. iii. Wetlands – Modifications: An applicant may request that the Ad- ministrator grant a modification as follows: (a) Modifications may be re- quested for a reduction in cre- ation/restoration or enhance- ment ratios for a Category 3 wet- land; however, the creation/res- toration ratio shall not be re- duced below 1:1. (b) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: (1) The proposal will result in no-net loss of wetland or buffer area and functions. (2) The proposed modification is based on consideration of the best available science as de- scribed in WAC 365-195-905; or where there is an absence of valid scientific information, the 4-3-050O 3 - 20.39 (Revised 3/13) steps in RMC 4-9-250F are fol- lowed. iv. Streams – Modifications: An applicant may request that the Ad- ministrator grant a modification as follows: (a) Modifications may be re- quested for a reduction in stream buffers for Class 2 or 3 water- courses proposed to be day- lighted, below the stream buffer reduction levels of subsection L5c of this Section. (b) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: (1) The buffer is lowered only to the amount necessary to achieve the same amount of de- velopment as without the day- lighting. (2) The buffer width is no less than fifty feet (50') on a Class 2 watercourse and twenty five feet (25') on a Class 3 watercourse. (3) The proposed modification is based on consideration of the best available science as de- scribed in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are fol- lowed. 3. Variances: a. Aquifer Protection – Variance: i. Applicability: If an applicant feels that the strict application of this Section would deny all reasonable use of the property or would deny in- stallation of public transportation or utility facilities determined by the public agency proposing these facili- ties to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Application Submittal: An ap- plication for a variance shall be filed with the Development Services Divi- sion. iii. Review Authority: A variance shall be decided by the Administrator based on the standards set forth in RMC 4-9-250B, Variance Proce- dures. (Ord. 5519, 12-14-2009) b. Flood Hazards – Variances: i. Applicability: Refer to RMC 4-9-250B. c. Geologic Hazards, Habitat Con- servation, Streams and Lakes – Classes 2 to 4, and Wetlands – Vari- ance: i. Applicability: If an applicant feels that the strict application of this Section would deny all reasonable use of the property containing a criti- cal area or associated buffer, or would deny installation of public transportation or utility facilities de- termined by the agency proposing these facilities to be in the best inter- est of the public health, safety and welfare, the public agency or an ap- plicant of a development proposal may apply for a critical areas vari- ance. ii. Application Submittal: An ap- plication for a critical areas variance shall be filed with the Development Services Division. iii. Review Authority: Variances shall be determined administratively by the Community and Economic Development Administrator, as indi- cated in RMC 4-9-250B. (Amd. Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) O. APPEALS: 1. General: See RMC 4-8-070, Authority and Responsibilities, and RMC 4-8-110. 4-3-050P (Revised 3/13)3 - 20.40 2. Record Required – Flood Hazards: The Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Amd. Ord. 4851, 8-7-2000; Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005; Ord. 5676, 12-3-2012) P. ASSESSMENT RELIEF – WETLANDS: 1. City Assessments: Such landowner should also be exempted from all special City assessments on the controlled wetland to de- fray the cost of municipal improvements such as sanitary sewers, storm sewers, water mains and streets. (Ord. 5000, 1-13-2003; Ord. 5137, 4-25-2005) Q. MAPS: 1. Aquifer Protection: See Figure 4-3-050Q1 for reference map. 2. Flood Hazards: see Figure 4-3-050Q2 for reference map. 3. Geologic Hazards: a. Coal Mine Hazards: i. Map: See Figure 4-3-050Q3a(i) for reference map. ii. Mapping Criteria: (a) Low Coal Mine Hazards (CL): Areas not identified as high or medium hazards. While no mines are known in these areas, undocumented mining is known to have occurred. (b) Medium Coal Mine Haz- ards (CM): (1) Lands overlying coal mines, but not included in the high haz- ard category; and (2) Surrounding lands overly- ing a wedge between a plane ris- ing vertically from the mine and a plane rising from the mine at a break angle of between twenty five (25) and forty (40) degrees. The break angle is measured from the vertical. The break an- gle appropriate for the given seam is determined by the slope of the seam and the workings. Approximate mine depths and seam dip and break angles are provided in Appendices C and D of the Summary Report, Critical and Resource Areas Evaluation, GeoEngineers, 1991. (c) High Coal Mine Hazard (CH): All lands where underlying coal mines are within two hun- dred feet (200') below the ground surface, or fifteen (15) times the height of the mine workings be- low the surface, whichever is less. b. Erosion Hazards: i. Map: See Figure 4-3-050Q3b(i) for reference map. ii. Mapping Criteria: (a) Low Erosion Hazard (EL): All surface soils on slopes less than fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) soils designated A, B, or C. (b) High Erosion Hazard (EH): All surface soils on slopes steeper than fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Con- servation Service) soils desig- nated as D, E, or F. c. Landslide Hazards: i. Map: See Figure 4-3-050Q3c(i) for reference map. 4-3-050Q 3 - 20.41 (Revised 6/05) ii. Mapping Criteria: (a) Low Landslide Hazard (LL): Areas with slopes less than fifteen percent (15%). (b) Medium Landslide Haz- ard (LM): Areas with slopes be- tween fifteen percent (15%) and forty percent (40%) where the surface soils are underlain by permeable geologic units. The permeable units include: (1) Fill: af, afm, and m; (2) Alluvium: Qac, Qaw, Qas, and Qa; (3) Vashon recessional and ad- vance glacial deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qvr, Qsr, and Qos; (4) Vashon glacial deposits: Qg, Qgt, Qt, and Qvt. (c) High Landslide Hazards (LH): Areas with slopes greater than forty percent (40%) and ar- eas with slopes between fifteen percent (15%) and forty percent (40%) where the surface soils are underlain by low permeability geologic units. The low perme- ability units include: (1) Post-glacial lake and peat silts: Qlp, Qp, Qlm, and Qvl; (2) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, Qcg, and Qog; (3) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, Tta, Teta, and Ttl. (d) Very High Landslide Haz- ards (LV): All mapped landslide deposits: Qmc, Qm, Ql, and landslides known from public records. d. Seismic: i. Map: See Figure 4-3-050Q3d(i) for reference map. ii. Mapping Criteria: (a) Low Seismic Hazard (SL): All Vashon age glacial and older sediments. The mapped areas include: (1) All deposits of recessional and advance glacial deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, Qyg, Qur, Qsr, Qos, Qog. (2) Vashon glacial deposits: Qg, Qgt, Qt, and Qvt; (3) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, and Qcg; (4) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, Tta, Teta, and Ttl; (5) Areas of roadway fill, af and afm, which overlay the above units. (b) High Seismic Hazard (SH): Post-glacial deposits which are likely to be saturated as they occupy low areas and frequently overlay low perme- ability deposits. They include: (1) Deposits of fill: af, afm, and m; (2) Alluvium: Qaw, Qac, Qas, and Qa; (3) Mass wasting deposits: Qmc, Qm, and Ql; (4) Post-glacial lake silts and peats: Qlp, Qp, Qlm, and Qvl. e. Steep Slopes: i. Map: Refer to the City of Renton Steep Slope Atlas and Figure 4-3-050Q3e(i) for reference map. 4-3-050Q (Revised 6/05)3 - 20.42 f. Volcanic Hazards: Volcanic hazard areas are those areas subject to a poten- tial for inundation from post lahar sedi- mentation along the lower Green River as identified in Plate II, Map D, in the re- port U.S. Department of the Interior, U.S. Geological Survey (Revised 1998), Vol- cano Hazards from Mount Rainier, Wash- ington. Open-File Report 98-428. 4. Streams and Lakes: See Figure 4-3-050Q4 for reference map identifying Class 2 to 4 water bodies. Water class shall be determined in accordance with subsection L1 of this Section. For Class 1 waters, refer to RMC 4-3-090, Shoreline Master Program Regulations. 5. Wetlands: Refer to the City of Renton Wetland and Stream Corridors Critical Areas Inventory and see Figure 4-3-050Q5 for ref- erence map. 6. Drainage Basins: See Figures 4-3-050Q6a and b for maps identifying basins and subbasins in the Renton vicinity. 4-3-050Q 3 - 20.43 (Revised 6/05) Figure 4-3-050Q1 AQUIFER PROTECTION ZONES 4-3-050Q (Revised 6/05)3 - 20.44 Figure 4-3-050Q2 FLOOD HAZARDS 4-3-050Q 3 - 20.45 (Revised 6/05) Figure 4-3-050Q3a(i) COAL MINE HAZARDS 4-3-050Q (Revised 6/05)3 - 20.46 Figure 4-3-050Q3b(i) EROSION HAZARDS 4-3-050Q 3 - 20.47 (Revised 6/05) Figure 4-3-050Q3c(i) LANDSLIDE HAZARDS 4-3-050Q (Revised 6/05)3 - 20.48 Figure 4-3-050Q3d(i) SEISMIC HAZARDS 4-3-050Q 3 - 20.49 (Revised 3/13) Figure 4-3-050Q3e(i) STEEP SLOPES 4-3-050Q (Revised 3/13)3 - 20.50 Figure 4-3-050Q4 STREAMS AND LAKES (Amd. Ord. 5355, 2-25-2008; Ord. 5468, 7-13-2009; Ord. 5675, 12-3-2012) 4-3-050Q 3 - 20.51 (Revised 6/05) Figure 4-3-050Q5 WETLANDS 4-3-050Q (Revised 6/05)3 - 20.52 Figure 4-3-050Q6a SURFACE WATER FACILITIES BASINS 4-3-050Q 3 - 20.53 (Revised 6/05) Figure 4-3-050Q6b SURFACE WATER FACILITIES SUB-BASINS (Amd. Ord. 4992, 12-9-2002; Ord. 4851, 8-7-2000; Ord. 5137, 4-25-2005) 4-3-050R (Revised 6/05)3 - 20.54 R. GENERIC HAZARDOUS MATERIALS LIST: (Ord. 4851, 8-7-2000) GENERIC HAZARDOUS MATERIALS LIST FOR INFORMATIONAL USE ONLY Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Battery acid Bleaches, peroxides Brake and transmission fluids Brine solution Casting and foundry chemicals Caulking agents and sealants Cleaning solvents Cooling water (not isolated from process chemicals) Corrosion and rust prevention solutions Cutting fluids Degreasing solvents Deicing materials Disinfectants Dyes Electroplating solutions Engraving solutions Etching solutions Explosives Fertilizers Food processing wastes Formaldehyde Fuels and additives Glues, adhesives, and resins Greases Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial sludges and stillbottoms Inks, printing, and photocopying chemicals Laboratory chemicals Medical, pharmaceutical, dental, veterinary, and hos- pital solutions Metal dusts Mercury and mercury compounds Metals finishing solutions Oils Paints, pigments, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning com- pounds Painting solvents PCBs Pesticides and herbicides Plastic resins, plasticizers, and catalysts Photo development chemicals Poisons Polishes Pool chemicals GENERIC HAZARDOUS MATERIALS LIST FOR INFORMATIONAL USE ONLY Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants, bactericides, and algaecides Soaps, detergents and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Wastewater treatment sludges 4-3-050S 3 - 20.55 (Revised 7/03) S. PIPELINE MATERIAL: 1. PIPELINE MATERIAL REQUIREMENT Pipe Diameter in Inches Suggested Material Spec Considerations (See subsection S2)Pipe Material <4 4-8 10-12 14-20 24-30 36-54 Ductile Iron, Rubber Gaskets Cement Mortar-Lined Polyethylene-Lined Ductile Iron, Nitrile Gaskets Cement Mortar-Lined Polyethylene-Lined 1,2 1,2 1,2 1,2,3 1,2 1,2 1,2 1,2,3 1,2 1,2 1,2 1,2,3 1,2 1,2 1,2 1,2,3 1,2 1,2 1,2 1,2,3 AWWA C151, C104 AWWA C151 AWWA C151, C104 AWWA C151 abcdnopr abcdnopr bcdinopr bcdeinopr PVC, Rubber Gasket Joints CL 150 or 200 SDR 35 PVC, Nitrile Gasket Joints CL 150 or 200 PVC, Solvent Welded Joints Sch 80 1,2 1 2,3 1,2 1 1,2,3 1,2,3 1,2 1,2,3 1,2,3 AWWA C900 ASTM D3034 AWWA C900 ASTM D1784, D1785 abjlnoprt bijlnoprt hjklnoprt Welded Steel, Rubber Gaskets Cement Mortar-Lined Dielectric-Lined Welded Steel, Welded Joints Cement Mortar-Lined Dielectric-Lined 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2 1,2,3 1,2 1,2 1,2 1,2,3 AWWA C200, C205 AWWA C200, C210 AWWA C200, C205 AWWA C200, C210 abfghnopr abfghnopr fghnopr fghnopr High Density Polyethylene Pipe Corrugated High Density Polyethylene Pipe - Smooth Interior 1,2 1 1,2 1 1,2 1 1,2 1 1 1 ASTM D1248 and D3350 ASTM D1248 and AASHTO hkpqu kpqsu Slip Form Liner 4,5 4,5 4,5 4,5 4,5 ASTM D638 mnopqr PIPELINE SERVICE 1. Storm Sewer 2. Sanitary Sewer and Side Sewer 3. Leachate Pipeline 4. Rehab Existing Storm Sewer 5. Rehab Existing Sanitary Sewer 2. CONSIDERATIONS ON SELECTION OF PIPE MATERIALS The Utility maintains a list of materials meeting performance standards. Other materials meeting similar performance standards or developed as the result of new technology may be approved by the Utility. a. Rubber gaskets may be severely damaged by petroleum products, particularly in prolonged exposures to concentrated flows containing little or no storm water or sanitary sewage. In cases where heavy concentrations of petroleum products may be experienced, nitrile (Nitrile-Butadiene; i.e., NBR) gaskets should be used. b. Gasketed joints may not be leak-proof at zero or low pressures, if improperly installed. c. Mechanical joints may be less likely to leak at low pressures than push-on joints. d. May need protective coatings and/or cathodic protection against external corrosion. e. Considered most reliable gasket and lining material for ductile iron leachate pipeline. f. Very difficult to repair linings on inside of joints in pipe smaller than 24-inch diameter. g. Almost always needs protective coatings and cathodic protection against external corrosion. h. Properly made joints are considered leak-proof. i. Nitrile gaskets may require long delivery time. j. Requires special attention to bedding and backfill depth to avoid structural failure of pipe. 4-3-050S (Revised 7/03)3 - 20.56 (Ord. 4851, 8-7-2000) k. Large thermal expansion coefficient. May need to limit solvent welded joints to 4-inch and smaller pipe. May require careful evaluation of pipe installation temperature and temperature of piped liquids to ensure joint integrity. l. Pipe not available over 12-inch diameter. m. Slip form lining is available in 6-inch through 60-inch diameter for almost any pressure, if sufficient pipe cross- sectional area is available. n. Pressure grouts and gels are not acceptable for rehabilitation or patching of storm and sanitary sewers. o. Suitability of pipe lining and gasket material to resist chemical attack by conveyed fluids must be determined for each pipeline service considered. p. All storm and sanitary sewer manholes, catch basins, and inlets should be equipped with precast concrete bottom and sidewalls with rubber gasketed joints between sections, water-tight epoxy grout or other approved pipe entrances through walls, and approved waterproof coating of all interior floor and wall surfaces. Manholes, catch basins, and inlets should have no leakage when hydrostatically tested at atmospheric pressure. q. Has good resistance to a number of chemicals, petroleum products, and hydrogen sulfide corrosion. r. “Zero leakage” test requirement may be impossible to achieve under the best conditions for any pipe materials because trapped air may distort test results, even in a drop-tight pipe. Pressure and leakage test requirements should consider whether the pipe has steep slope or will stand full of liquid. Pipelines should be tested with the intent to prevent or minimize leakage. Air testing should not be allowed; hydrostatic testing should be as stringent as any found in the industry. Pipe materials, without regard for chemical attack, corrosion, or puncture, are generally ranked as follows, in decreasing order of liquid-tight reliability: • welded steel with welded joints • PVC with solvent welded joints • slip form liner • ductile iron with viton or rubber gaskets • welded steel with rubber gasketed joints • PVC with viton or rubber gasketed joints s. Joints should consist of “heat-shrink” wrap, standard corrugated coupling, and full pipe band clamps. t. The use of PVC may be restricted by other Utility policy in regards to depth of pipe cover. u. HDPE may be adversely affected by solvents; its use is not recommended where contact with solvents may occur. 4-3-090A 3 - 21 (Revised 3/13) 4-3-060 (Reserved) 4-3-070 PIPELINE NOTICE: A. PURPOSE AND APPLICABILITY: 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 con- dition 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. (Ord. 5675, 12-3-2012) 4-3-080 PUBLIC USE/“P” SUFFIX NOTIFICATION PROCEDURES: A. NOTICE REQUIRED: The owner of any property designated with a “P” suffix shall be required to give written notice to the owners of all property within a three hundred foot (300') radius of the site involved, as well as all residents and/or businesses within a three hun- dred foot (300') radius of the site or facility, at least sixty (60) days in advance of any of the following: 1. A proposed change of use of the pre- mises; 2. A proposed change of the major tenant and/or tenant group using the premises if such a change is determined by the Public Works Administrator to have probable major adverse impacts to the immediate surround- ing area; or (Ord. 5676, 12-3-2012) 3. Any proposed change of ownership of the premises. Such notice shall not be required if the proposed change has been identified in a Master Plan adopted pursuant to the site development plan re- view regulations in chapter 4-9 RMC. The notice shall also invite these neighborhood property owners, residents and/or business persons to at- tend an informational meeting in the area, hosted by the owner of the property or their representa- tive. (Ord. 5028, 11-24-2003) B. NOTICE CONTENT: The notices shall indicate that a summary of the meeting shall be prepared by the owner or owner’s agent at least thirty (30) days in advance of any of the above three (3) actions in subsection A of this Section, Notice Required. At least four- teen (14) days in advance of the information meeting, the owner, agency, or organization host- ing the meeting shall give general notice of the meeting in a local newspaper having broad circu- lation in the area. This meeting is intended to ex- plain the proposed changes and invite citizen input. C. MEETING SUMMARY: A summary of the meeting shall be mailed within seven (7) days of the meeting to the Development Services Division and to all in attendance who re- quest, in writing, to receive the summary as well as parties that do not attend the meeting but re- quest in writing to receive the summary. In addi- tion, the Development Services Division shall receive and keep the summary of the meeting in its preapplication files for future reference. D. SPECIAL HEIGHT ALLOWANCES FOR PUBLICLY OWNED STRUCTURES: Any publicly owned structures on property desig- nated with a “P” suffix shall be allowed to develop pursuant to the special height exceptions for such uses contained in RMC 4-2-110D, Condition 9, 4-2-110H, Condition 21, 4-2-120C, Condition 20, or 4-2-130B, Condition 13, as well as under the Master Plan review regulations. (Ord. 4523, 6-5-1995; Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003) 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: A. PROGRAM ELEMENTS: The Renton Shoreline Master Program consists of the following elements: 1. The Shoreline Management Element of the Renton Comprehensive Plan. 2. This Section, RMC 4-3-090, Shoreline Master Program Regulations, which is sub- ject to review and approval by the Washing- 4-3-090B (Revised 3/13)3 - 22 ton State Department of Ecology pursuant to RCW 90.58.090. 3. Chapter 4-11 RMC, Definitions, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to this Section or are defined by RCW 90.58.030. 4. RMC 4-9-190, Shoreline Permits, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW. 5. RMC 4-10-095, Shoreline Nonconform- ing Uses, Activities, Structures, and Sites, which are subject to review and approval by the Washington State Department of Ecology pursuant to RCW 90.58.090 to the extent that they relate to specific procedural mandates of chapter 90.58 RCW. 6. The Shoreline Restoration Element of the Shoreline Master Program, of which one printed copy in book form has heretofore been filed and is now on file in the office of the City Clerk and made available for examina- tion by the general public, shall not be consid- ered to contain regulations but shall be utilized as a guideline for capital improve- ments planning by the City and other jurisdic- tions undertaking ecological restoration activities within Shoreline Management Act jurisdiction. 7. The Shoreline Environment Overlay Map, of which one printed copy has hereto- fore been filed and is on file in the office of the City Clerk and made available for examina- tion by the general public, and another printed copy of which is available at the Department of Community and Economic Development. An electronic copy may also be posted online at the City’s website www.rentonwa.gov. B. REGULATED SHORELINES: The Renton Shoreline Master Program applies to Shorelines of the State, which include Shorelines of Statewide Significance and shorelines as de- fined in chapter 4-11 RMC and as listed below. 1. Shorelines of Statewide Significance: a. Lake Washington; b. Green River (the area within the OHWM of the Green River is not within the Renton City Limits, but portions of the two hundred foot (200') shoreline jurisdic- tion are within City limits). 2. Shorelines: a. Cedar River; b. May Creek from the intersection of May Creek and NE 31st Street in the southeast quarter of the southeast quar- ter of Section 32-24-5E WM; c. Black River; d. Springbrook Creek from the Black River on the north to SW 43rd Street on the south; e. Lake Desire (in the City’s potential annexation area at the time of adoption of the Shoreline Master Program). 3. The Jurisdictional Area Includes: a. Lands within two hundred feet (200'), as measured on a horizontal plane, from the OHWM, or lands within two hundred feet (200') from floodways, whichever is greater; b. Contiguous floodplain areas; and c. All marshes, bogs, swamps, and river deltas associated with streams, lakes, and tidal waters that are subject to the provisions of the State Shoreline Management Act. C. SHORELINES OVERLAY DISTRICTS: 1. Natural Environment Overlay District: a. Designation of the Natural Envi- ronment Overlay District: The objec- tives and criteria for the designation of this district are located in the Shoreline Management Element of the Compre- hensive Plan. 4-3-090C 3 - 22.1 (Revised 3/13) b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include that por- tion of the north bank of the Black River lying west of its confluence with Spring- brook Creek. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 2. Urban Conservancy Overlay District: a. Designation of the Shoreline Ur- ban Conservancy Environment Over- lay District: The objectives and criteria for the designation of this district are lo- (Revised 3/13)3 - 22.2 This page left intentionally blank. 4-3-090C 3 - 23 (Revised 12/11) cated in the Shoreline Management Ele- ment of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: • That portion of the Lake Washington shoreline within Gene Coulon Park extending from one hundred feet (100') north of the northerly end of the northernmost driveway to the northerly end of the park. • May Creek east of Lake Washington, including the open space area within the Barbee Mill site. • That portion of the south bank of the Cedar River extending from three hundred fifty feet (350') east of I-405 right-of-way to SR 169. • The Cedar River, extending from SR 169 to the easterly limit of the Urban Growth Area. • That portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City- owned wetlands in this area, and for that portion of the west side of the creek in the vicinity of SW 38th Street abutting the City’s Wetlands Mitiga- tion Bank shall be designated con- servancy. • Per WAC 176-26-211(2)(e) all areas within shoreline jurisdiction that are not designated within the Shoreline Master Program are automatically assigned to be in the Urban Conser- vancy Overlay District until the shoreline can be redesignated through a Shoreline Master Program amendment approved by the Wash- ington State Department of Ecology. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 3. Single Family Residential Overlay Dis- trict: a. Designation of the Single Family Residential Overlay: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include those shoreline areas with residential zoning and use located on Lake Washington, the Cedar River and Lake Desire. Publicly owned park and open space areas with residential zoning shall be excluded. c. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. 4. Shoreline High Intensity Overlay Dis- trict: a. Designation of the High Intensity Overlay District: The objectives and cri- teria for the designation of this district are located in the Shoreline Management El- ement of the Comprehensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: • The Commercial/Office/Residential (COR) zoning designation generally north of May Creek. • The southerly portion of Gene Cou- lon Park, generally south of and in- cluding the over-water walkway, concession areas, parking areas, boat launch areas, and the swim- ming beach. • The Urban Center North-1 (UC-N1), Urban Center North-2 (UC-N2), and Industrial-Heavy zoned (IH) areas along the south shoreline of Lake Washington, the Municipal Airport, and adjacent COR designated areas. 4-3-090D (Revised 12/11)3 - 24 • The Cedar River from the mouth to I-405. • The north side of the Cedar River east of I-405 within areas of COR zoning designation. • Areas of Springbrook Creek not in Natural or Urban Conservancy over- lays. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, which allows land uses in chapter 4-2 RMC in this overlay dis- trict, subject to the preference for water- dependent and water-oriented uses. Uses adjacent to the water’s edge and within buffer areas are reserved for wa- ter-oriented development, public/com- munity access, and/or ecological restoration. 5. Shoreline High Intensity – Isolated Lands – Overlay District: a. Designation of the High Intensity – Isolated Lands – Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Compre- hensive Plan. b. Application: The location of this dis- trict is found on the Shoreline Environ- ment Overlay Map, see subsection A6 of this Section, and shall include: i. Areas within shoreline jurisdiction of the Green River but isolated by the intervening railroad right-of-way. ii. Areas immediately north of the Cedar River (right bank) and north of Riverside Drive between Williams Avenue South and Bronson Way North. c. Acceptable Activities and Uses: Allowed uses are detailed in subsection E1 of this Section, Shoreline Use Table. The shoreline regulations that apply within this overlay are the land use regu- lations of Title IV, Development Regula- tions, of the Renton Municipal Code, subject to the permit and procedural re- quirements of the Shoreline Master Pro- gram. In most cases, the performance standards in this Section do not apply to development or uses in this overlay. 6. Aquatic Shoreline Overlay District: a. Designation of the Aquatic Over- lay District: The objectives and criteria for the designation of this district are lo- cated in the Shoreline Management Ele- ment of the Comprehensive Plan. b. Application: The Aquatic Overlay District is defined as the area waterward of the OHWM of all streams and rivers, all marine water bodies, and all lakes, con- stituting shorelines of the State together with their underlying lands and their wa- ter column; but do not include associated wetlands and other shorelands shore- ward of the OHWM. This designation is not found on the Shoreline Environment Map, but shall be assigned based on the description above. c. Acceptable Activities and Uses: Subject to subsection E of this Section, Use Regulations, water-dependent uses and a limited range of water-oriented uses are allowed in the Aquatic Overlay, subject to provision of shoreline ecologi- cal enhancement and public access. D. GENERAL DEVELOPMENT STANDARDS: 1. Applicability: This Section shall apply to all use and development activities within the shoreline. Items included here will not neces- sarily be repeated in subsection E of this Sec- tion, Use Regulations, and shall be used in the evaluation of all shoreline permits. Renton Municipal Code provisions in Title IV, Development Regulations, Chapter 4, City- wide Property Development Standards (chapter 4-4 RMC) contain regulations and standards governing site development of property City-wide, such as parking, land- scaping, fencing, and others. Such provisions shall apply within shoreline jurisdictions un- less there is a conflict with the standards set forth by the Shoreline Master Program. In case of conflict, the standards set forth in the Shoreline Master Program shall prevail. 4-3-090D 3 - 25 (Revised 12/11) 2. Environmental Effects: a. No Net Loss of Ecological Func- tions: i. No Net Loss Required: Shoreline use and development shall be car- ried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are de- signed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environ- ment (RCW 90.58.020). Shoreline ecological functions that shall be pro- tected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwa- ter recharge and discharge; sedi- ment delivery, transport, and storage; large woody debris recruit- ment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative im- pacts shall be considered and miti- gated on- or off-site. iii. Evaluation of Mitigation Se- quencing Required: An application for any permit or approval shall dem- onstrate all reasonable efforts have been taken to provide sufficient miti- gation such that the activity does not result in net loss of ecological func- tions. Mitigation shall occur in the fol- lowing prioritized order: (a) Avoiding the adverse im- pact altogether by not taking a certain action or parts of an ac- tion, or moving the action. (b) Minimizing adverse impacts by limiting the degree or magni- tude of the action and its imple- mentation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse im- pacts. (c) Rectifying the adverse im- pact by repairing, rehabilitating, or restoring the affected environ- ment. (d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the ad- verse impact by replacing, en- hancing, or providing similar substitute resources or environ- ments and monitoring the ad- verse impact and taking appropriate corrective mea- sures. b. Burden on Applicant: Applicants for permits have the burden of proving that the proposed development is consis- tent with the criteria set forth in the Shore- line Master Program and the Shoreline Management Act, including demonstrat- ing all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. c. Critical Areas within Shoreline Ju- risdiction: i. Applicable Critical Area Regula- tions: The following critical areas shall be regulated in accordance with the provisions of RMC 4-3-050, Criti- cal Area Regulations, adopted by ref- erence except for the provisions excluded in subsection D2cii of this Section. Said provisions shall apply to any use, alteration, or develop- ment within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is re- quired. Unless otherwise stated, no development shall be constructed, located, extended, modified, con- verted, or altered, or land divided 4-3-090D (Revised 12/11)3 - 26 without full compliance with the pro- vision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of RMC 4-3-050 shall be liberally construed together with the Shore- line Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Manage- ment Act. If there is a conflict or in- consistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. (a) Aquifer protection areas. (b) Areas of special flood haz- ard. (c) Sensitive slopes, twenty five percent (25%) to forty per- cent (40%), and protected slopes, forty percent (40%) or greater. (d) Landslide hazard areas. (e) High erosion hazards. (f) High seismic hazards. (g) Coal mine hazards. (h) Fish and wildlife habitat conservation areas: Critical hab- itats. (i) Fish and wildlife habitat conservation areas: Streams and Lakes: Classes 2 through 5 only. ii. Inapplicable Critical Area Regu- lations: The following provisions of RMC 4-3-050, Critical Area Regula- tions, shall not apply within shoreline jurisdiction: (a) RMC 4-3-050N, Alternates, Modifications and Variances, subsections N1, Alternates, and N3, Variances, and (b) RMC 4-9-250, Variances, Waivers, Modifications and Alter- natives. (c) Wetlands, including shore- line associated wetlands, unless specified below. iii. Critical Area Regulations for Class 1 Fish Habitat Conservation Areas: Environments designated as Natural or Urban Conservancy shall be considered Class 1 Fish Habitat Conservation Areas. Regulations for fish habitat conservation areas Class 1 Streams and Lakes are contained within the development standards and use standards of the Shoreline Master Program, including but not limited to subsection F1 of this Sec- tion, Vegetation Conservation, which establishes vegetated buffers adja- cent to water bodies and specific pro- visions for use and for shoreline modification in subsections E and F of this Section. There shall be no modification of the required setback and buffer for non-water-dependent uses in Class 1 Fish Habitat Conser- vation areas without an approved Shoreline Conditional Use Permit. iv. Alternate Mitigation Ap- proaches: To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative mitiga- tion approaches may be applied for as provided in RMC 4-3-050N2, Modifications. Modifications within shoreline jurisdiction may be ap- proved for those critical areas regu- lated by that Section as a Shoreline Conditional Use Permit where such approaches provide increased pro- tection of shoreline ecological func- tions and processes over the standard provisions of the Shoreline Master Program and are scientifically supported by specific studies per- formed by qualified professionals. 4-3-090D 3 - 27 (Revised 12/11) d. Wetlands within Shoreline Juris- diction: i. Wetland Identification: Wetlands shall be identified in accordance with the requirements of RCW 36.70A.175 and 90.58.380. Unless otherwise provided for in this Chap- ter, all areas within the City meeting the criteria in the Washington State Wetland Identification and Delinea- tion Manual (Ecology Publication No. 96-94), regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Chapter. ii. Wetland Rating System: Wet- lands shall be rated based on cate- gories that reflect the functions and values of each wetland. Wetland cat- egories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised August 2004 (Ecology Publication No. 04-06-025). These categories are generally de- fined as follows: (a) Category I Wetlands: Cate- gory I wetlands are those wet- lands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wild- life as indicated by a rating sys- tem score of seventy (70) points or more. These are wetland com- munities of infrequent occur- rence that often provide documented habitat for critical, threatened or endangered spe- cies, and/or have other attributes that are very difficult or impossi- ble to replace if altered. (b) Category II Wetlands: Cate- gory II wetlands have significant value based on their function as indicated by a rating system score of between fifty one (51) and sixty nine (69) points. They do not meet the criteria for Cate- gory I rating but occur infre- quently and have qualities that are difficult to replace if altered. (c) Category III Wetlands: Cat- egory III wetlands have impor- tant resource value as indicated by a rating system score of be- tween thirty (30) and fifty (50) points. (d) Category IV Wetlands: Cat- egory IV wetlands are wetlands of limited resource value as indi- cated by a rating system score of less than thirty (30) points. They typically have vegetation of simi- lar age and class, lack special habitat features, and/or are iso- lated or disconnected from other aquatic systems or high quality upland habitats. iii. Wetland Review and Reporting Requirements: A wetland assess- ment study shall be required. iv. Wetland Buffers: (a) Buffer Required: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wet- land created, restored or en- hanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored or en- hanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. Buffers shall not include ar- eas that are functionally and ef- fectively disconnected from the wetland by a permanent road or other substantially developed surface of sufficient width and with use characteristics such that buffer functions are not provided and that cannot be feasibly re- moved, relocated or restored to provide buffer functions. (b) Buffer May Be Increased: The buffer standards required by this Chapter presume the exist- ence of a dense vegetation com- munity in the buffer adequate to protect the wetland functions and 4-3-090D (Revised 12/11)3 - 28 values. When a buffer lacks ade- quate vegetation, the Adminis- trator of the Department of Community and Economic De- velopment or designee may in- crease the standard buffer, require buffer planting or en- hancement, and/or deny a pro- posal for buffer reduction or buffer averaging. (c) Minimum Buffer Width: (d) Buffer Requirements for Wetland Mitigation Banks: Where wetland mitigation sites or wetland banks have been ap- proved, required buffers shall be as specified in the mitigation site or wetland bank approval. (e) Increased Buffer for Steep Slopes: Where lands within the wetland buffer have an average continuous slope of twenty per- cent (20%) to thirty five percent (35%), and the required buffer width is less than one hundred feet (100'), the buffer shall ex- tend to a thirty percent (30%) greater dimension. In all cases, where slopes within the buffers exceed thirty five percent (35%), the buffer shall extend twenty five feet (25') beyond the top of the bank of the sloping area or to the end of the buffer associated with a geological hazard if one is present, whichever is greater. v. Provisions for Small Isolated Wetlands: All wetlands shall be regu- lated regardless of size; provided, that the Administrator of the Depart- ment of Community and Economic Development or designee shall as- sure that preservation of isolated wetlands and associated buffers of less than ten thousand (10,000) square feet of combined wetland and buffer shall maintain effective wet- land functions, or be mitigated as provided below. (a) Wetlands and associated buffers of one thousand (1,000) square feet or less may be dis- placed when the wetland meets all of the following criteria, as documented in a wetland mitiga- tion plan: (1) The wetland is not associ- ated with a riparian corridor; (2) The wetland is not part of a wetland mosaic, or collection of small wetlands that are hydrolog- ically related to one another; (3) The wetland does not con- tain habitat identified as essen- tial for local populations of priority species identified by Washington Department of Fish and Wildlife; (4) Impacts of displaced wet- lands are mitigated pursuant to subsection D2dx of this Section. (b) Category III and IV wetlands and buffers between one thou- sand (1,000) and four thousand (4,000) square feet may be dis- Wetland Category Low Wildlife Function (less than 20 points) Moderate Wildlife Function (20 – 28 points) High Wildlife Function (29 or more points) Buffer Width (feet) Category IV 50 50 50 1 Category III 75 125 150 1 Category II 100 150 225 Category I 125 150 225 1. Habitat scores over 26 points would be very rare for Category III wetlands and almost impossible for Category IV wetlands that have a total rating of 30 or less. 4-3-090D 3 - 29 (Revised 12/11) placed; provided, that all of the following criteria are documented in a wetland mitigation plan: (1) The wetland does not score twenty (20) points or greater for habitat in the 2004 Western Washington Rating System; (2) The wetland is depressional and is recharged only by precipi- tation, interflow or groundwater and adjacent development can- not assure a source of recharge to maintain its hydrologic charac- ter through stormwater infiltra- tion, or other means; (3) The wetlands does not have a potential to reduce flood- ing or erosion or has the poten- tial to maintain or improve water quality as evidenced by a score of at least ten (10) points on the applicable criteria of the Wetland Rating Form for Western Wash- ington; (4) The total area of the com- bined wetland and buffer is ten thousand (10,000) square feet or less and: (A) It does not achieve a score of at least twenty (20) points on the Habitat Functions criteria of the Wetland Rating Form for Western Washington; and (B) The wetland and buffer is not connected to a larger open space complex which may in- clude, but is not limited to, a stream buffer, a buffer associ- ated with a geological hazard, or other designated open space buffer sufficient to allow move- ment of terrestrial wildlife to and from the wetland and buffer com- plex without interruption by roads, paved areas or buildings within fifty feet (50'); (5) Impacts of displaced wet- lands are mitigated pursuant to subsection D2dx of this Section. vi. Wetland Buffer Averaging: The Administrator of the Department of Community and Economic Develop- ment or designee may average wet- land buffer widths on a case-by-case basis when the applicant demon- strates through a wetland study to the satisfaction of the Administrator of the Department of Community and Economic Development or designee that all the following criteria are met: (a) The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a de- graded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area; (b) The buffer is increased ad- jacent to the higher-functioning area of habitat or more sensitive portion of the wetland and de- creased adjacent to the lower functioning or less sensitive por- tion; (c) The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimen- sion for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width. vii. Reasonable Use: Wetland buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: (a) There are no feasible alter- natives to the site design that could be accomplished without buffer averaging; (b) The averaged buffer will not result in degradation of the wet- land’s functions and values as 4-3-090D (Revised 12/11)3 - 30 demonstrated by a wetland as- sessment study; (c) The total buffer area after averaging is equal to the area re- quired without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; (d) The buffer at its narrowest point is never less than three quarters (3/4) of the required width except where the Adminis- trator of the Department of Com- munity and Economic Develop- ment or designee finds that there is an existing feature such as a roadway that limits buffer dimen- sion, or an essential element of a proposed development such as access that must be accommo- dated for reasonable use and re- quires a smaller buffer. viii. Wetland Buffer Increase Al- lowed: The Administrator of the De- partment of Community and Economic Development or designee may increase the width of the stan- dard buffer width on a case-by-case basis, based on a critical area study, when a larger buffer is required to protect critical habitats as outlined in RMC 4-3-050K, or such increase is necessary to: (a) Protect the function and value of that wetland from prox- imity impacts of adjacent land use, including noise, light and other disturbance, not sufficiently limited by buffers provided above; (b) To maintain viable popula- tions of priority species of fish and wildlife; or (c) Protect wetlands or other critical areas from landslides, erosion or other hazards. ix. Allowed activities in wetlands and buffers: The following uses and activities may be allowed in wetlands or buffer areas by the Administrator of the Department of Community and Economic Development or designee subject to the priorities, protection, and mitigation requirements of this Section: (a) Utilities: Utility lines and fa- cilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping sta- tions, water storage tanks, petro- leum products pipelines and not including transformers or other facilities containing hazardous substances, may be located in Category I, II, III, and IV wetlands and their buffers and/or Category I wetland buffers if the following criteria are met: (1) There is no reasonable lo- cation or route outside the wet- land or wetland buffer based on analysis of system needs, avail- able technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) The utility line is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation; (3) Clearing, grading, and ex- cavation activities are limited to the minimum necessary to install the utility line, which may include boring, and the area is restored following utility installation; (4) Buried utility lines shall be constructed in a manner that pre- vents adverse impacts to subsur- face drainage. This may include the use of trench plugs or other devices as needed to maintain hydrology; (5) Impacts on wetland func- tions are mitigated in accordance with subsection D2dx of this Sec- tion. 4-3-090D 3 - 31 (Revised 12/11) (b) Roadways, Railways, and Bridges: Public and private road- ways and railroad facilities, in- cluding bridge construction and culvert installation, if the follow- ing criteria are met: (1) There is no reasonable lo- cation or route outside the wet- land or wetland buffer based on analysis of system needs, avail- able technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland; (2) Facilities parallel to the wet- land edge are located as far from the wetland edge as possible and in a manner that minimizes dis- turbance of soils and vegetation; (3) Clearing, grading, and ex- cavation activities are limited to the minimum necessary, which may include placement on ele- vated structures as an alterna- tive to fill, where feasible; (4) Impacts on wetland func- tions are mitigated in accordance with subsection D2dx of this Sec- tion. (c) Access to Private Develop- ment Sites: Access to private de- velopment sites may be permitted to cross Category II, III, or IV wetlands or their buffers, pursuant to the criteria in sub- section D2ix(b) of this Section; provided, that alternative access shall be pursued to the maximum extent feasible, including through the provisions of chapter 8.24 RCW. Exceptions or devia- tions from technical standards for width or other dimensions, and specific construction stan- dards to minimize impacts may be specified, including place- ment on elevated structures as an alternative to fill, if feasible. (d) Existing Facilities: Mainte- nance, repair, or operation of ex- isting structures, facilities, or improved areas, including minor modification of existing service- able structures within a buffer zone where modification does not adversely impact wetland functions, and subject to the pro- visions for nonconforming use and facilities in chapter 4-10 RMC. (e) Stormwater Facilities: Stormwater conveyance or dis- charge facilities such as disper- sion trenches, level spreaders, and outfalls may be permitted within a Category I, II, III, or IV wetland buffer on a case-by-case basis if the following are met: (1) Due to topographic or other physical constraints, there are no feasible locations for these facili- ties to discharge to surface water through existing systems or out- side the buffer. Locations and designs that infiltrate water shall be preferred over a design that crosses the buffer; (2) The discharge is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation and avoids long- term rill or channel erosion. (f) Recreational or Educational Activities: Outdoor recreational or educational activities which do not significantly affect the func- tion of the wetland or regulated buffer (including wildlife manage- ment or viewing structures, out- door scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted within Category II, III, or IV wetlands or their buffers and within a Cate- gory I wetland buffer if the follow- ing criteria are met: (1) Trails shall not exceed four feet (4') in width and shall be sur- faced with gravel or pervious ma- terial, including boardwalks; 4-3-090D (Revised 12/11)3 - 32 (2) The trail or facility is located in the outer fifty percent (50%) of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes; (3) The trail or facility is con- structed and maintained in a manner that minimizes distur- bance of the wetland or buffer. Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill; (4) Wetland mitigation in accor- dance with subsection D2dx of this Section. x. Wetland Mitigation Require- ments: Activities that adversely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland func- tion and values in accordance with subsection D7 of this Section and this subsection. Compensatory miti- gation shall be provided for all wet- land alteration and shall re-establish, create, rehabilitate, enhance, and/or preserve equivalent wetland func- tions and values. (a) Preferred Mitigation Se- quence: Mitigation sequencing shall take place in the prioritized order provided for in subsection D2aiii of this Section. (b) Consistency with Policies and Publications Required: Wet- land mitigation requirements shall be consistent with the appli- cable standards for studies and assessment in Chapter 6 of: Washington State Department of Ecology, U.S. Army Corps of En- gineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006; Wetland Mitigation in Washing- ton State – Part 1: Agency Poli- cies and Guidance (Version 1); and Washington State Depart- ment of Ecology Publication No. 06-06-011a, Olympia, WA, ex- cept in cases when this Code provides differing standards. (c) Wetland alterations: Com- pensation for wetland alterations shall occur in the following order of preference: (1) Re-establishing wetlands on upland sites that were for- merly wetlands. (2) Rehabilitating wetlands for the purposes of repairing or re- storing natural and/or historic functions. (3) Creating wetlands on dis- turbed upland sites such as those consisting primarily of non- native, invasive plant species. (4) Enhancing significantly de- graded wetlands. (5) Preserving Category I or II wetlands that are under imminent threat; provided, that preserva- tion shall only be allowed in com- bination with other forms of mitigation and when the Adminis- trator of the Department of Com- munity and Economic Development or designee deter- mines that the overall mitigation package fully replaces the func- tions and values lost due to de- velopment. (d) Mitigation Ratios for Wet- land Impacts: Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitiga- tion activity proposed. The re- placement ratio shall be determined according to the ra- tios provided in the table below. The created, re-established, re- habilitated, or enhanced wetland area shall at a minimum provide a level of function equivalent to the wetland being altered and shall be located in an appropriate landscape setting. 4-3-090D 3 - 33 (Revised 12/11) (e) Mitigation Ratio for Wetland Buffer Impacts: Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio. Compensatory mitigation for buffer impacts shall include en- hancement of degraded buffers by planting native species, re- moving structures and impervi- ous surfaces within buffers, and other measures. (f) Special Requirements for Mitigation Banks: Mitigation banks shall not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitigation banking agreement and certification pro- cess. (g) Buffer Requirements for Replacement Wetlands: Re- placement wetlands established pursuant to these mitigation pro- visions shall have adequate buff- ers to ensure their protection and sustainability. The buffer shall be based on the category in subsec- tion D2dii of this Section; pro- vided, that the Administrator of the Department of Community and Economic Development or designee shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer. (h) Adjustment of Ratios: The Administrator of the Department of Community and Economic De- velopment or designee shall have the authority to adjust these ratios when a combination of mit- igation approaches is proposed. In such cases, the area of altered wetland shall be replaced at a 1:1 ratio through re-establish- ment or creation, and the re- mainder of the area needed to meet the ratio can be replaced by enhancement at a 2:1 ratio. For example, impacts to one acre of a Category II wetland re- quiring a 3:1 ratio for creation can be compensated by creating one acre and enhancing four (4) acres (instead of the additional two (2) acres of creation that would otherwise be required). (i) Location: Compensatory mitigation shall be provided on- site or off-site in the location that will provide the greatest ecologi- cal benefit and have the greatest likelihood of success; provided, that mitigation occurs as close as possible to the impact area and within the same watershed sub- basin as the permitted alteration. (j) Protection: All mitigation ar- eas whether on- or off-site shall be permanently protected and managed to prevent degradation and ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved through deed restriction or other protective covenant in accordance with RMC 4-3-050E4. Wetland Mitigation Type and Replacement Ratio* Wetland Category Creation Re-establishment Rehabilitation Enhancement Only Category IV 1.5:1 1.5:1 2:1 3:1 Category III 2:1 2.1 3:1 4:1 Category II 3:1 3.1 4:1 6:1 Category I 6:1 6:1 8:1 Not allowed *Ratio is the replacement area: impact area. 4-3-090D (Revised 12/11)3 - 34 (k) Timing: Mitigation activities shall be timed to occur in the ap- propriate season based on weather and moisture conditions and shall occur as soon as pos- sible after the permitted alter- ation. (l) Wetland Mitigation Plans Required: Wetland mitigation plans shall be prepared in accor- dance with RMC 4-3-050M16. All compensatory mitigation projects shall be monitored for a period necessary to establish that performance standards have been met, but generally not for a period less than five (5) years. Reports shall be submit- ted quarterly for the first year and annually for the next five (5) years following construction and subsequent reporting shall be re- quired if applicable to document milestones, successes, prob- lems, and contingency actions of the compensatory mitigation. The Administrator of the Depart- ment of Community and Eco- nomic Development or designee shall have the authority to modify or extend the monitoring period and require additional monitoring reports for up to ten (10) years when any of the following condi- tions apply: (1) The project does not meet the performance standards iden- tified in the mitigation plan; (2) The project does not pro- vide adequate replacement for the functions and values of the impacted critical area; (3) The project involves estab- lishment of forested plant com- munities, which require longer time for establishment. xi. Development Standards Near Wetlands: Development standards for adjacent development shall mini- mize adverse effects on the wetland, and shall include: (a) Subdivision of land shall as- sure that each lot has sufficient building area outside wetlands and buffers. Lots in subdivisions shall be oriented whenever feasi- ble to provide a rear yard of at least twenty feet (20') between the buffer area and buildings; (b) Fencing shall be provided at the perimeter of residential de- velopment to limit domestic ani- mal entry into wetlands and buffer areas; (c) Activities that generate noise shall be located as far from the wetland and buffer as feasi- ble. Roads, driveways, parking lots and loading areas, mechani- cal or ventilating equipment shall be located on sides of buildings away from the wetland, or sepa- rated by noise attenuating walls; (d) Light penetration into buffer areas and wetlands shall be lim- ited by locating areas requiring exterior lighting away from the wetland boundary, or limiting light mounting heights to a maxi- mum of four feet (4'). Windows that will be lit at night should be minimized on the side of build- ings facing wetlands and buffers, or screened as provided below; (e) Runoff should be routed to infiltration systems, to the maxi- mum extent feasible, to provide groundwater interflow recharge to wetlands and/or water bodies and to limit overland flow and erosion; (f) Surface or piped stormwater should be routed to existing con- veyances or to other areas, wherever hydraulic gradients al- low. Where stormwater is routed to wetlands, system design shall assure that erosion and sedi- mentation will be avoided to the maximum extent feasible; 4-3-090D 3 - 35 (Revised 12/11) (g) To prevent channelized flow from lawns and other land- scaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesti- cides into the buffer, if slopes ad- jacent to the buffer exceed fifteen percent (15%), a ten feet (10') wide swale to intercept runoff or other effective interception facil- ity approved by the Administrator of the Department of Community and Economic Development or designee shall be provided at the edge of the buffer; (h) Adopt and implement an in- tegrated pest management sys- tem including limiting use of fertilizers, herbicides and pesti- cides within twenty five feet (25') of the buffer. xii. Vegetation Management Plan Required: In order to maintain effec- tive buffer conditions and functions, a vegetation management plan shall be required for all buffer areas, to in- clude: (a) Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a density of twenty (20) trees per acre, planting shall be required con- sisting of seedlings at a density of three hundred (300) stems per acre or the equivalent; (b) Providing a dense screen of native evergreen trees at the pe- rimeter of the buffer if existing vegetation is not sufficient to pre- vent viewing adjacent develop- ment from within the buffer. Planting shall be required equiv- alent to two (2) rows of three feet (3') high stock of native ever- greens at a triangular spacing of fifteen feet (15'), or three (3) rows of gallon containers at a triangu- lar spacing of eight feet (8'). Fencing may be required if needed to block headlights or other sources of light or to pro- vide an immediate effective vi- sual screen; (c) Providing a plan for control of invasive weeds, and removal of existing invasive species; (d) Providing for a monitoring and maintenance plan for a pe- riod of at least five (5) years, ex- cept this provision may be waived for single family residen- tial lots at the discretion of the Administrator of the Department of Community and Economic De- velopment or designee. e. Development Standards for Aquatic Habitat: i. Stormwater Requirements: De- velopment shall provide stormwater management facilities including wa- ter quality treatment designed, con- structed, and maintained in accordance with the current storm- water management standards. Water quality treatment facilities shall be provided for moderate alteration of nonconforming structures, uses and sites as provided for in RMC 4-10-095. ii. Erosion and Sediment Control Requirements: Best management practices for control of erosion and sedimentation shall be implemented for all development in shorelines through approved temporary erosion and sediment control plan, or admin- istrative conditions. iii. Lighting Requirements: Night- time lighting shall be designed to avoid or minimize interference with aquatic life cycles through avoidance of light sources that shine directly onto the water. Exterior lighting fix- tures shall include full cut off devices such that glare or direct illumination does not extend into water bodies. Lighting shall include timers or other switches to ensure that lights are ex- tinguished when not in use. 4-3-090D (Revised 12/11)3 - 36 3. Use Compatibility and Aesthetic Ef- fects: a. General: Shoreline use and devel- opment activities shall be designed and operated to allow the public’s visual ac- cess to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vege- tative cover. b. View Obstruction and Visual Qual- ity: The following standards and criteria shall apply to developments and uses within the jurisdiction of the Shoreline Master Program: i. View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot develop- ments are proposed, primary struc- tures shall provide for view corridors between buildings where views of the shoreline are available from pub- lic right-of-way or trails. ii. Maximum Building Height: Build- ings shall be limited to a height of no more than thirty five feet (35') above average finished grade level except at specific locations specified in Ta- ble 4-3-090D7a, Shoreline Bulk Standards. iii. Minimum Setbacks for Commer- cial Development Adjacent to Resi- dential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may ad- dress scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. iv. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to pre- vent glare, to avoid illuminating nearby properties used for noncom- mercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screen- ing. v. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. vi. Integration and Screening of Mechanical Equipment: Building me- chanical equipment shall be incorpo- rated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be in- corporated into architectural fea- tures, a visual screen shall be provided consistent with building ex- terior materials that obstructs views of such equipment. vii. Visual Prominence of Free- standing Structures to Be Minimized: Facilities not incorporated into build- ings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to mini- mize visual prominence. viii. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA re- quirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the exist- ing topography to the extent feasible. ix. Other Design Standards: Any other design standards included in community plans or regulations adopted by the City shall be incorpo- rated. c. Community Disturbances: Noise, odors, night lighting, water and land traf- fic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. d. Design Requirements: Architec- tural styles, exterior designs, landscaping patterns, and other aspects of the overall 4-3-090D 3 - 37 (Revised 12/11) design of a site shall be in conformance with urban design and other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable provi- sions of RMC Title IV, Development Reg- ulations, as well as specific policies and standards of the Shoreline Master Pro- gram. e. Screening Required: The stan- dards in RMC 4-4-095 concerning screening of mechanical equipment and outdoor service and storage areas shall apply within shorelines with the additional criteria that the provisions for bringing structures or sites into conformance shall occur for minor alteration or renovation as provided in RMC 4-9-190. 4. Public Access: a. Physical or Visual Access Re- quired for New Development: Physical or visual access to shorelines shall be in- corporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal ac- cess opportunities or rights, or is required to meet the specific policies and regula- tions of the Shoreline Master Program. A coordinated program for public access for specified shoreline reaches is estab- lished in the Comprehensive Plan, Shoreline Policy SH-31 Table of Public Access Objectives by Reach Element, Policy SH-31 with provisions for public access, including off-site facilities desig- nated in the table Public Access Require- ments by Reach in subsection D4f of this Section. b. Public Access Required: Public ac- cess shall be provided for the following development, subject to the criteria in subsection D4d of this Section. i. Water-dependent uses and de- velopments that increase public use of the shorelines and public aquatic lands, or that would impair existing legal access opportunities, or that utilize public harbor lands or aquatic lands, or that are developed with public funding or other public re- sources. ii. Non-water-dependent develop- ment and uses shall provide commu- nity and/or public access consistent with the specific use standards in subsection E of this Section, Use Regulations, unless ecological resto- ration is provided. iii. Developments of more than ten (10) single family residential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are re- quired to provide public access. De- velopments of more than four (4) but less than ten (10) single family resi- dential lots or single family dwelling units, including subdivision, within a proposal or a contiguously owned parcel are required to provide com- munity access. iv. Development of any non-single- family residential development or use consistent with the specific use standards in subsection E9 of this Section, Residential Development. v. Any use of public aquatic lands, except as related to single family res- idential use of the shoreline, includ- ing docks accessory to single family residential use. vi. Publicly financed or subsidized flood control or shoreline stabilization shall not restrict public access to the shoreline and shall include provi- sions for new public access to the maximum extent feasible. vii. Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be dimin- ished by any public or private devel- opment or use (RCW 35.79.035 and RCW 36.87.130). c. Criteria for Modification of Public Access Requirements: The require- ments for public access may be modified as a shoreline conditional use for any ap- plication in which the following criteria are demonstrated to be met in addition to the general criteria for a Shoreline Condi- tional Use Permit. In cases where a Sub- 4-3-090D (Revised 12/11)3 - 38 stantial Development Permit is not required, use of this waiver or modifica- tion may take place only through a shore- line variance. It is the responsibility of the applicant to demonstrate that the criteria are met. As a condition of modification of access requirements, contribution to an off-site public access site shall be re- quired. i. Unavoidable health or safety haz- ards to the public exist that cannot be prevented by any practical means. ii. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. iii. The cost of providing the ac- cess, or mitigating the impacts of public access, is unreasonably dis- proportionate to the total long-term development and operational cost over the life-span of the proposed de- velopment. iv. Significant environmental im- pacts will result from the public ac- cess that cannot be mitigated. v. Significant undue and unavoid- able conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. vi. Prior to determining that public access is not required, all reasonable alternatives must be pursued, includ- ing but not limited to: (a) Regulating access by such means as maintaining a gate and/or limiting hours of use; (b) Designing separation of uses and activities (e.g., fences, terracing, use of one-way glaz- ing, hedges, landscaping, etc.); and (c) Providing for specific facili- ties for public visual access, in- cluding viewing platforms that may be physically separated from the water’s edge, but only if access adjacent to the water is precluded. d. Design Criteria for Public Access Sites: Public access shall incorporate the following location and design criteria: i. Walkways or Trails Required in Vegetated Open Space: Public ac- cess on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be buff- ered from sensitive ecological fea- tures, may be set back from the water’s edge, and may provide lim- ited and controlled access to sensi- tive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological fea- tures and where appropriate. Trails shall be constructed of permeable materials and limited to four feet (4') to six feet (6') in width to reduce im- pacts to ecologically sensitive re- sources. ii. Access Requirements for Sites Without Vegetated Open Space: Public access on sites or portions of sites not including vegetated open space shall be not less than ten per- cent (10%) of the developed area within shoreline jurisdiction or three thousand (3,000) square feet, which- ever is greater, on developments in- cluding non-water-dependent uses. For water-dependent uses, the amount and location may be varied in accordance with the criteria in sub- section F3 of this Section. Public ac- cess facilities shall extend along the entire water frontage, unless such fa- cilities interfere with the functions of water-dependent uses. The mini- mum width of public access facilities shall be ten feet (10') and shall be constructed of materials consistent with the design of the development; provided, that facilities addressed in the Renton Bicycle and Trails Master Plan shall be developed in accor- dance with the standards of that plan. 4-3-090D 3 - 39 (Revised 12/11) iii. Access Requirements for Over- Water Structures: Public access on over-water structures on public aquatic lands, except for docks serv- ing a single family residence, shall be provided and may include common use of walkway areas. Moorage facil- ities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. Public marinas serving twenty (20) or more vessels may restrict access to spe- cific moorage areas for security pur- poses as long as an area of at least ten percent (10%) of the over-water structure is available for public ac- cess and an area of at least twenty (20) square feet is provided at or near the end of the structure. Public access areas may be used in com- mon by other users, but may not in- clude adjacent moorage that obstructs public access to the edge of the water or obstructs views of the water. iv. Resolution of Different Stan- dards: Where City trail or transporta- tion plans and development standards specify dimensions that differ from those in subsections D4di, D4dii, or D4diii of this Section, the standard that best serves public ac- cess, while recognizing constraints of protection and enhancement of ecological functions, shall prevail. v. Access Requirements Deter- mined by Reach: A coordinated pro- gram for public access for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Management Element, Policy SH-31 Table of Public Access Objectives by Reach and in subsection D4f of this Section, Table of Public Access Re- quirements by Reach: (a) The City shall utilize the reach policies for public access as guidance in applying these provisions to individual develop- ment sites. (b) The City shall utilize the reach policies for public access as guidance in planning and im- plementing public projects. vi. Fund for Off-Site Public Access: The City shall provide a fund for off- site public access and may assess charges to new development that do not meet all or part of their public ac- cess requirements. Such a fund and charges may be part of or coordi- nated with park impact fees. Off-site public access shall be developed in accordance with the reach policies for public access. e. Public Access Development Stan- dards: Public access facilities shall in- corporate the following design and other features: i. Relation to Other Facilities: (a) Preferred Location: Public access shall be located adjacent to other public areas, accesses, and connecting trails, connected to the nearest public street, and include provisions for handi- capped and physically impaired persons, where feasible. (b) Parking Requirements: Where public access is within four hundred feet (400') of a pub- lic street, on-street public parking shall be provided, where feasi- ble. For private developments re- quired to provide more than twenty (20) parking spaces, pub- lic parking may be required in ad- dition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces near- est to the public access area and may include handicapped park- ing if the public access area is handicapped accessible. 4-3-090D (Revised 12/11)3 - 40 (c) Planned Trails to Be Pro- vided: Where public trails are in- dicated on the City’s transportation, park, or other plans, construction of trails shall be provided within shoreline and non-shoreline areas of a site. ii. Design: (a) General: Design of public access shall provide the general public with opportunity to reach, touch, and enjoy the water’s edge and to view the water and the shoreline from adjacent loca- tions and shall be as close hori- zontally and vertically to the shoreline’s edge as feasible; pro- vided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecologi- cal functions. (b) Privacy: Design shall mini- mize intrusions on privacy of ad- jacent use by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces or by screening or other separation techniques. iii. Use and Maintenance: (a) Public Access Required for Occupancy: Required public ac- cess sites shall be fully devel- oped and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaran- teeing installation through a monetary performance assur- ance. (b) Maintenance of Public Ac- cess Required: Public access fa- cilities shall be maintained over the life of the use or develop- ment. Future actions by succes- sors in interest or other parties shall not diminish the usefulness or value of required public ac- cess areas and associated im- provements. (c) Public Access Must Be Le- gally Recorded: Public access provisions on private land shall run with the land and be re- corded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instru- ments shall be recorded prior to the time of building occupancy or plat recordation, whichever comes first. (d) Maintenance Responsibil- ity: Maintenance of the public ac- cess facility shall be the responsibility of the owner un- less otherwise accepted by a public or nonprofit agency through a formal recorded agree- ment. (e) Hours of Access: Public ac- cess facilities shall be available to the public twenty four (24) hours per day unless an alter- nate arrangement is granted though the initial shoreline per- mitting process for the project. Changes in access hours pro- posed after initial permit ap- proval shall be processed as a shoreline conditional use. (f) Signage Required: The standard State-approved logo or other approved signs that indi- cate the public’s right of access and hours of access shall be in- stalled and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites and at the nearest connection to an off-site public right-of-way. f. Public Access Requirements by Reach: The following table identifies the performance standards for public access within the shoreline, and shall be applied if required by the use regulations or de- velopment standards of the Shoreline Master Program. 4-3-090D 3 - 40.1 (Revised 12/11) SH O R E L I N E R E A C H P u b l i c A c c e s s La k e W a s h i n g t o n La k e W a s h i n g t o n Re a c h A a n d B Pu b l i c a c c e s s s h a l l b e p r o v i d e d w h e n l o t s a r e s u b d i v i d e d o r n e w no n r e s i d e n t i a l d e v e l o p m e n t o c c u r s c o n s i s t e n t w i t h s t a n d a r d s o f th i s S e c t i o n . La k e W a s h i n g t o n Re a c h C Th e p o t e n t i a l f o r p r o v i s i o n o f p u b l i c a c c e s s f r o m n e w d e v e l o p m e n t w i l l o c c u r a f t e r c l e a n u p o f t h e S u p e r f u n d s i t e w i t h m u l t i - u s e de v e l o p m e n t , w h i c h s h a l l i n c l u d e s h o r e l i n e a c c e s s a c r o s s t h e e n t i r e p r o p e r t y , w i t h c o n t r o l l e d a c c e s s t o t h e w a t e r ’ s e d g e , co n s i s t e n t w i t h r e q u i r e m e n t s f o r v e g e t a t i o n c o n s e r v a t i o n a n d e c ol o g i c a l r e s t o r a t i o n a n d p r o v i s io n s f o r w a t e r - d e p e n d e n t u s e , co n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n . P r o v i s i o n o f p u b l i c a c ce s s f r o m f u t u r e r e d e v e l o p m e n t o f t h e S e a h a w k s a n d B a r b e e M i l l si t e s h a l l i n c l u d e a c o n t i n u o u s p u b l i c a c c e s s t r a i l p a r a l l e l t o th e s h o r e l i n e w i t h c o n t r o l l e d p u b l i c a c c e s s b a l a n c e d w i t h p r o v i sions fo r e c o l o g i c a l r e s t o r a t i o n , a s w e l l a s t o s h a r e d o r c o m m er c i a l d o c k s , c o n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n . La k e W a s h i n g t o n Re a c h D a n d E Pu b l i c a c c e s s s h a l l b e p r o v i d e d w h e n l o t s a r e s u b d i v i d e d o r n e w no n r e s i d e n t i a l d e v e l o p m e n t o c c u r s c o n s i s t e n t w i t h s t a n d a r d s o f th i s S e c t i o n . La k e W a s h i n g t o n Re a c h F a n d G Pu b l i c a c c e s s i s o n e e l e m e n t o f p a r k f u n c t i on s t h a t s h o u l d b e c o n t i n u e d a n d i n c o r p o r a t ed i n f u t u r e p l a n s a n d b a l a n c e d w i t h g o a l s fo r r e c r e a t i o n a n d i m p r o v i n g e c o l o g i c f u n c t i o n s . La k e W a s h i n g t o n Re a c h H Pu b l i c a c c e s s s h o u l d c o n t i n u e i n t h e f u t u r e a s p a r t o f m u l t i - u s e d e v e l o p m e n t o f t h e b a l a n c e o f th e p r o p e r t y c o n s i s t e n t w i t h st a n d a r d s o f t h i s S e c t i o n . D e v e l o p m e n t s h o u l d i n c l u d e s u p po r t i n g w a t e r - o r i e n t e d u s e s a n d a m e n i t i e s s u c h a s s e a t i n g a n d la n d s c a p i n g . La k e W a s h i n g t o n Re a c h I Pu b l i c a c c e s s i s c u r r e n t l y n o t f e a s i b l e o n t h e t h r e e a c r e s o f u p la n d S t a t e - o w n e d a q u a t i c l a n d s m a n a g e d b y D N R . I n t h e f u t u r e , i f th e B o e i n g s i t e i s r e d e v e l o p e d , p u b l i c a c c e s s s h o u l d b e p r o v i d e d pa r a l l e l t o t h e s h o r e l i n e a l o n g t h e e n t i r e p r o p e r t y , c o n s i s t e n t with st a n d a r d s o f t h i s S e c t i o n , t o g e t h e r w i t h g o a l s f o r e c o l o g i c a l r e s t o r a t i o n a n d wa t e r - d e p e n d e n t a n d w a t e r - o r i e n t e d u s e . La k e W a s h i n g t o n Re a c h J Pu b l i c a c c e s s t o t h e L a k e W a t e r f r o n t i s p r ov i d e d f r o m t h e l a w n a r e a o f t h e W i l l R o g e r s , W i l e y P o s t Me m o r i a l S e a P l a n e B a s e a n d sh o u l d b e m a i n t a i n e d i f s u c h a c c e s s i s n o t i n c o n f l i c t w i t h t h e a e r o n a u t i c a l u s e o f t h e p r o p e r t y . La k e W a s h i n g t o n Re a c h K If r e d e v e l o p m e n t o f n o n - s i n g l e - f a m i l y u s e o c c u r s , p u b l i c a c c e s s s h a l l c o n s i s t o f a p u b l i c p e d es t r i a n w a l k w a y p a r a l l e l t o t h e sh o r e l i n e a l o n g t h e e n t i r e p r o p e r t y f r o n t a g e w i t h c o n t r o l l e d a c c e s s t o t h e w a t e r ’ s e d g e , c o n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t ion an d r e q u i r e m e n t s f o r v e g e t a t i o n c o n s e r v a t i o n a n d e c o l o g i c a l r e s t or a t i o n . P u b l i c a c c e s s s h a l l b e p r o v i d e d w h e n l o t s a r e s u b d i v i d ed co n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n . Ma y C r e e k Ma y C r e e k A If d e v e l o p m e n t o c c u r s a d j a c e n t t o t h e s t r e a m s i d e , o p e n s p a c e s t an d a r d s f o r v e g e t a t i o n c o n s e r v a t i o n a n d p u b l i c a c c e s s s h a l l b e me t c o n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n . Ma y C r e e k B At t h e t i m e o f r e d e v e l o p m e n t , p u b l i c a c c e s s s h o u l d b e p r o v i d e d co n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n f r o m a t r a i l p a r a l l e l to the wa t e r a l o n g t h e e n t i r e p r o p e r t y w i t h c o n t r o l l e d p u b l i c a c c e s s t o t h e w a t e r c o n s i s t e n t w i t h s t a n da r d s o f t h i s S e c t i o n , a n d g o a l s of pr e s e r v a t i o n a n d e n h a n c e m e n t o f e c o l o g i c a l f u n c t i o n s . 4-3-090D (Revised 12/11)3 - 40.2 Ma y C r e e k C a n d D At t h e t i m e o f d e v e l o p m e n t o f p r iv a t e l a n d s , p u b l i c a c c e s s s h o u l d b e p r o v i d e d co n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n f r o m a trail pa r a l l e l t o t h e w a t e r c o n s i s t e n t w i t h t r a i l s o n p u b l i c l a n d . A l l t r a i l d e v e l o p m e n t s h o u l d b e s e t b a c k f r o m t h e w a t e r ’ s e d g e w i t h co n t r o l l e d p u b l i c a c c e s s t o t h e w a t e r a n d c o n s i s t e n t w i t h s t a n d a r ds o f t h i s S e c t i o n a n d g o a l s o f p r e s e r v a t i o n a n d e n h a n c e m e n t o f ec o l o g i c a l f u n c t i o n s . Ce d a r R i v e r Ce d a r R i v e r A Pu b l i c p h y s i c a l a c c e s s f r o m a t r a i l p a r a l l e l to t h e w a t e r s h o u l d b e p r o v i d e d i f t h e R e n t o n M u n i c i p a l A i r p o r t r e d e v e l o p s i n t h e future, ba l a n c e d w i t h g o a l s o f e c o l o g i c a l r e s t o r a t i o n . Ce d a r R i v e r B Pu b l i c a c c e s s s h o u l d g e n e r a l l y b e p r o v i d e d w i t h i n t h e c o r r i d o r o f p u b l i c l a n d s a d j a c e n t t o t h e r i ve r ; h o w e v e r , a d jacent private pa r c e l s n o t s e p a r a t e d b y p u b l i c s t r e e t s s h ou l d p r o v i d e a c t i v e o p e n s p a c e an d o t h e r f a c i l i t i e s to p r o v i d e g a t h e r i n g p l a c e s t o e n joy th e s h o r e l i n e e n v i r o n m e n t , t o g e t h e r w i t h w a t e r - o r i e n t e d u s e s . R e v i si o n s t o t h e e x i s t i n g t r a i l t o re l o c a t e f u r t h e r f r o m t h e w a t e r’s ed g e t o a l l o w r e v e g e t a t i o n s h o u l d b e c o n s i d e r e d i n t h e f u t u r e a s p a r t o f p u b l i c p a r k a n d r i v e r m a i n t e n a n c e p l a n s . Ce d a r R i v e r C Pu b l i c / c o m m u n i t y a c c e s s a l o n g t h e w a t e r f r o n t s h o u l d b e p r o v i d e d a s p r i v a t e l a n d s o n t h e n o r t h s i d e o f t h e r i v e r r e d e v e l o p , co n s i d e r e d a l o n g w i t h t h e g o a l o f r e s t o r a t i o n o f e c o l o g i c a l f u nc t i o n s . P u b l i c o r c o m m u n i t y a c c e s s s h a l l b e p r o v i d e d w h e n re s i d e n t i a l d e v e l o p m e n t o c c u r s co n s i s t e n t w i t h s t a n d a r d s o f th e S h o r e l i n e M a s t e r P r o g r a m . Ce d a r R i v e r D Th e p r i m a r y g o a l f o r m a n a g e m e n t o f t h i s r e ac h s h o u l d b e e c o l o g i c a l e n h a n c e m e n t . A d di t i o n a l p u b l i c a c c e s s t o t h e w a t e r ’ s e d g e ma y b e p r o v i d e d i f c o n s i s t e n t w i t h e c o l o g i c a l f u n c t i o n s . P u b l i c a c c e s s s h a l l b e p r o v i d e d w h e n r e s i d e n t i a l l o t s a r e s u b d i v i d e d co n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n . Gr e e n R i v e r R e a c h A Pu b l i c p h y s i c a l a c c e s s f r o m a t r a i l p a r a l l e l to t h e w a t e r s h o u l d b e p r o v i d e d a s p r i v a t e l a n d s r e d e v e l o p . P u b l i c a g e n c y a c t i o n s to im p r o v e p u b l i c a c c e s s s h o u l d i n c l ud e a c q u i s i t i o n o f t r a i l r i g h t s t o c o n n e c t t h e tr a i l s y s t e m t o t h e G r e e n R i v e r T r a i l a n d F o r t Dent Pa r k . E x p a n s i o n o f p u b l i c a c c e s s i n t h e B l a c k R i v e r R i p a r i a n F o r e s t s h o u l d o c c u r o n l y i f c o n s i s t e n t w i t h e c o l o g i c a l f u n c t i o n s . Bl a c k R i v e r / Sp r i n g b r o o k A Pu b l i c p h y s i c a l a c c e s s f r o m a t r a i l p a r a l l e l t o t h e w a t e r s h o u l d b e p r o v i d e d a s p r i v a t e l a n d s r e d e v e l o p . E x p a n s i o n o f p u b l i c a c cess in t h e B l a c k R i v e r R i p a r i a n F o r e s t s h o u l d o c c u r o n l y i f c o n s i s t e n t w i t h e c o l o g i c a l f u n c t i o n s . A t r a i l s y s t e m i s p r e s e n t o n t h e west si d e o f t h e s t r e a m a d j a c e n t t o t h e s e w a g e t r e a t m e n t p l a n t a n d sh o u l d b e r e t a i n e d a n d p o s s i b l y e n h a n c e d t o c o n n e c t t o t h e L a k e to S o u n d T r a i l . Sp r i n g b r o o k B En h a n c e m e n t o f t h e t r a i l s y s t e m o n t h e W S D O T r i g h t - o f - w a y t h a t c r o s s e s u n d e r I - 4 0 5 s h o u l d b e i m p l e m e n t e d a s p a r t o f f u t u r e hi g h w a y i m p r o v e m e n t s o r o t h e r p u b l i c a g e n c y a c t i o n s . Sp r i n g b r o o k C If f u t u r e d e v e l o p m e n t o c c u r s i n t h i s a r e a , a c o n t i n u o u s t r a i l s y s t e m c o n n e c t i n g t o th e e x i s t i n g t r a i l s y s t e m t o t h e s o u t h s h o u l d be pl a n n e d , c o n s i s t e n t w i t h p r o t e c t i on o f e c o l o g i c a l v a l u e s o f w e t l a n d s a n d s t r e a m s i d e v e g e t a t i o n . La k e D e s i r e La k e D e s i r e If t h e e x i s t i n g b o a t l a u n c h a r e a i s a l t e r e d i n t h e f u t u r e , p u b li c a c c e s s o t h e r t h a n b o a t i n g f a ci l i t i e s s h o u l d i n c l u d e a v i e w i n g area. Th e r e i s c u r r e n t l y n o f o r m a l p u b l i c a c c e s s t o t h e w a t e r a t t h e N a tu r a l A r e a a t t h e s o u t h e n d o f t h e l a k e o r t h e C o u n t y d e s i g n a t ed Na t u r a l A r e a a t t h e n o r t h e n d o f t h e l a k e . I n t e r p r e t i v e a c c e s s s ho u l d b e i m p l e m e n t e d c o n s i s t e n t w i t h s t a n d a r d s o f t h i s S e c t i o n and go a l s f o r p r e s e r v a t i o n a n d r e s t o r a t i o n o f e c ol o g i c a l v a l u e s . P u b l i c a c c e s s s h a l l b e pr o v i d e d w h e n l o t s a r e s u b d i v i d e d o r n e w no n r e s i d e n t i a l d e v e l o p m e n t o c c u r s c o n s i s te n t w i t h s t a n d a r d s o f t h i s S e c t i o n . SH O R E L I N E R E A C H P u b l i c A c c e s s 4-3-090D 3 - 40.3 (Revised 12/11) 5. Building and Development Location – Shoreline Orientation: a. General: Shoreline developments shall locate the water-dependent, water- related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; mini- mize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cul- tural resources; and preserve aesthetic values. b. Design and Performance Stan- dards: i. Location of Development: Devel- opment and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. ii. Stream/Lake Study Required: An assessment of the existing ecologi- cal functions provided by topo- graphic, physical, and vegetation characteristics of the site shall ac- company development proposals; provided, that an individual single family residence on a parcel less than twenty thousand (20,000) square feet shall not be subject to this requirement. Such assessments shall include the following general in- formation: (a) Impacts of the proposed use/development on ecological functions with clear designation of existing and proposed routes for water flow, wildlife movement, and other features. (b) Infrastructure requirements such as parking, services, light- ing and other features, together with the effects of those infra- structure improvements on shoreline ecological functions. iii. Minimization of Site Alteration: Development shall minimize site al- teration in sites with substantial unal- tered natural features by applying the following criteria: (a) Vehicle and pedestrian cir- culation systems shall be de- signed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under- building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be lo- cated and designed to avoid the need for structural shoreline sta- bilization over the life of the de- velopment. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particu- larly water-dependent uses, where no alternative locations are available and no net loss of ecological functions will result. iv. Location for Accessory Develop- ment: Accessory development or use that does not require a shoreline lo- cation shall be located outside of shoreline jurisdiction unless such de- velopment is required to serve ap- proved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designa- tion. When sited within shoreline ju- risdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be lo- cated inland away from the land/wa- ter interface and landward of water- oriented developments and/or other approved uses unless a location closer to the water is reasonably nec- essary. 4-3-090D (Revised 12/11)3 - 40.4 v. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable ac- cess to navigable waters. Existing water-related recreation shall be pre- served. 6. Archaeological, Historical, and Cul- tural Resources: a. Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of ap- plicable State and Federal laws protect- ing such information from general public disclosure. Detailed cultural assess- ments may be required in areas with un- documented resources based on the probability of the presence of cultural re- sources. b. Coordination Encouraged: Own- ers of property containing identified or probable historical, cultural, or archaeo- logical sites are encouraged to coordi- nate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. c. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure re- view by qualified parties including the Washington State Department of Archae- ology and Historic Preservation, affected tribes, and historic preservation groups. d. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Eco- nomic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Ad- ministrator of the Department of Commu- nity and Economic Development or designee shall provide for a site investi- gation by a qualified professional and may provide for avoidance, or conserva- tion of the resources, in coordination with appropriate agencies. e. Access for Educational Purposes Encouraged: Land owners are encour- aged to provide access to qualified pro- fessionals and the general public if appropriate for the purpose of public ed- ucation related to a cultural resource identified on a property. 7. Standards for Density, Setbacks, and Height: a. Shoreline Bulk Standards: This ta- ble establishes the minimum required di- mensional requirements for development including all structures and substantial al- teration of natural topography. Additional standards may be established in subsec- tion E of this Section, Use Regulations, and subsection F of this Section, Shore- line Modification. 4-3-090D 3 - 40.5 (Revised 12/11) Ta b l e 4 - 3 - 0 9 0 D 7 a – S h o r e l i n e B u l k S t a n d a r d s N a t u r a l U r b a n C o n s e r v a n c y S h o r e l i n e S i n g l e F a m i l y H i g h I n t e n s i t y H i g h I n t e n s i t y I s o l a t e d Aquatic Se t b a c k s a n d B u f f e r s St r u c t u r e S e t b a c k f r o m O r d i n a r y Hi g h W a t e r M a r k ( O H W M ) – Mi n i m u m 1 Wa t e r - D e p e n d e n t U s e 10 0 f t . 1 0 0 f t . N o n e 2 No n e 2 No n e Wa t e r - R e l a t e d o r W a t e r En j o y m e n t U s e 10 0 f t . 1 0 0 f t . 1 0 0 f t . 3 10 0 f t . 4 No n e No n - W a t e r - O r i e n t e d U s e 10 0 f t . 1 0 0 f t . 1 0 0 f t . 3 10 0 f t . 5 No n e Fr o n t Y a r d , S i d e Y a r d , a n d R e a r Ya r d S e t b a c k s Go v e r n e d b y u n d e r l y i n g z o n i n g i n c h a p t e r 4 - 2 R M C e xc e p t i n c a s e s w h e r e s p e c i f i c s h o r e l i n e p e r f o r m a n c e st a n d a r d s p r o v i d e o t h e r w i s e . V a r i a n c e f r o m t h e f r o n t a n d s i d e y a r d s t a n d a r d s m a y b e g r a n t e d ad m i n i s t r a t i v e l y i f n e e d e d t o m e e t t h e e s t a b l i s h e d s e t b ac k f r o m O H W M , a s s p e c i f i e d i n t h i s S e c t i o n a n d i f st a n d a r d v a r i a n c e c r i t e r i a a r e m e t . Ve g e t a t i o n C o n s e r v a t i o n B u f f e r 10 0 f t . 1 0 0 f t . 1 0 0 f t . 3 10 0 f t . 4, 5 No n e Bu i l d i n g H e i g h t – M a x i m u m In W a t e r No t a l l o w e d N o t a l l o w e d 3 5 f t . 6 35 f t . 6 35 ft.6 Wi t h i n 1 0 0 f t . o f O H W M No t a l l o w e d N o t a l l o w e d 3 5 f t . 7 35 f t . 8 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Mo r e T h a n 1 0 0 f t . f r o m O H W M 15 f t . 3 5 f t . 3 5 f t . 7 35 f t . 8 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Ac c e s s o r y B u i l d i n g 15 f t . 1 5 f t . 1 5 f t . S a m e a s a b o v e G o v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 4-3-090D (Revised 12/11)3 - 40.6 Ta b l e N o t e s : 1. A r c h i t e c t u r a l f e a t u r e s o f b u i l d i n g s , s u c h a s e a v e s o r b a l c o n ie s , a n d o t h e r b u i l d i n g e l e m e n t s a b o v e t h e f i r s t f l o o r m a y p r o j e c t a maximum of five feet (5 ' ) i n t o t h e b u f f e r / s e t b a c k a r e a a s e s t a b l i s h e d i n t h i s t a b l e , o r a s m o d i f i e d b y s u b s e c t i o n F 1 o f t h i s S e c t i o n , V e g e t a t i o n C o n servation. 2. S e t b a c k s h a l l b e t h e m a x i m u m d e t e r m i n e d b y t h e s p e c i f i c n e e d s o f t h e w a t e r - d e p e n d e n t u s e a n d s h a l l n o t a p p l y t o a s t r u c t u r e h ousing any other use. 3. B u i l d i n g s e t b a c k a n d b u f f e r m a y b e b a s e d o n l o t d e p t h a s p r o v i d e d i n s u b s e c t i o n F 1 c o f t h i s S e c t i o n . 4. W a t e r - o r i e n t e d u s e s m a y b e e s t a b l i s h e d c l o s e r t o O H W M o n l y i n ca s e s w h e r e t h e v e g e t a t i o n c o n s e r v a t i o n b u f f e r i s v a r i e d i n a c c ordance with sub- se c t i o n F 1 o f t h i s S e c t i o n , V e g e t a t i o n C o n s er v a t i o n . B u i l d i n g s s h a l l b e n o c l o s e r t h a n fi f t y f e e t ( 5 0 ' ) , e x c e p t a s c o n s i s t e n t w ith a Master Site Plan ap p r o v e d p r i o r t o t h e a d o p t i o n o f t h i s S e c t i o n . 5. N o n - w a t e r - o r i e n t e d u s e s m a y b e e s t a b l i s h e d c l o s e r t o O H W M o n ly i n c a s e s w h e r e t h e v e g e t a t i o n c o n s e r v a t i o n b u f f e r i s v a r i e d i n accordance with su b s e c t i o n F 1 o f t h i s S e c t i o n , V e g e t a t i o n C o n s e r v a t i o n . B u i l d i n g s sh a l l b e n o c l o s e r t h a n s e v e n t y f i v e f e e t ( 7 5 ' ) , e x c e p t a s c o nsistent with a Master Si t e P l a n a p p r o v e d p r i o r t o t h e a d o p t i o n o f t h i s S e c t i o n . 6. A d d i t i o n a l h e i g h t m a y b e a l l o w e d i f e s s e n t i a l t o t h e f u n c t i o n of a w a t e r - d e p e n d e n t u s e , e x c e p t a s c o n s i s t e n t w i t h a M a s t e r S i te Plan approved prior to t h e a d o p t i o n o f t h i s S e c t i o n . Co v e r a g e S t a n d a r d s Im p e r v i o u s A r e a w i th i n t h e B u f f e r / Se t b a c k No t a l l o w e d 5 % 10 5% 10 5% 10 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Im p e r v i o u s A r e a w i t h i n 1 0 0 f t . o f OH W M – M a x i m u m No t a l l o w e d 1 0 % 11 50 % 11 50 % 11 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Lo t C o v e r a g e f o r B u i l d i n g s w i t h i n 10 0 f t . o f O H W M – M a x i m u m 5% 12 5% 12 25 % 12 No n e 12 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Lo t C o v e r a g e f o r B u i l d i n g s M o r e Th a n 1 0 0 f t . f r o m O H W M – M a x i m u m 5% 1 5 % 3 5 % G o v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Go v e r n e d b y un d e r l y i n g z o n i n g i n ch a p t e r 4 - 2 R M C 9 Ta b l e 4 - 3 - 0 9 0 D 7 a – S h o r e l i n e B u l k S t a n d a r d s N a t u r a l U r b a n C o n s e r v a n c y S h o r e l i n e S i n g l e F a m i l y H i g h I n t e n s i t y H i g h I n t e n s i t y I s o l a t e d Aquatic 4-3-090D 3 - 40.7 (Revised 12/11) 7. I f t h e m a x i m u m a l l o w e d h e i g h t i n t h e u n d e r l y i n g z o n i n g i s l e s s th a n t h e m a x i m u m a l l o w e d h e i g h t i n t h e s h o r e l i n e o v e r l a y , a n o n-shoreline variance fr o m t h e s t a n d a r d i n c h a p t e r 4 - 2 R M C , Z o n i n g D i s t r i c t s – U s e s a n d St a n d a r d s , m u s t b e o b t a i n e d f r om t h e A d m i n i s t r a t o r o f t h e D e p artment of Com- mu n i t y a n d E c o n o m i c D e v e l o p m e n t o r d e s i g n e e t o a l l o w a n y he i g h t o v e r t h e a m o u n t a l l o w e d i n t h e u n d e r l y i n g z o n e . 8. A d d i t i o n a l h e i g h t m a y b e a l l o w e d i f e s s e n t i a l t o t h e f u n c t i o n of a w a t e r - d e p e n d e n t u s e . H e i g h t u p t o t h a t e s t a b l i s h e d i n c h a pter 4-2 RMC, Zoning Dis- tr i c t s – U s e s a n d S t a n d a r d s , m a y b e a l l o w e d f o r n o n - w a t e r - d e p e n d e n t u s e s i n t h e f o l l o w i n g r e a c h e s : La k e W a s h i n g t o n R e a c h e s C , H , I , a n d J ; C e d a r R i v e r R e a c h e s A , B , a n d C ; B l a c k R i v e r R e a c h A ; M a y C r e e k R e a c h B ; a n d S p r i n g b r o o k Cr e e k R e a c h e s B , C , a n d D : a. F o r b u i l d i n g s l a n d w a r d o f o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M , th e m a x i m u m b u i l d i n g h e i g h t s h a l l b e d e f i n e d b y a m a x i m u m a l l o w a ble building he i g h t e n v e l o p e t h a t s h a l l : i. B e g i n a l o n g a l i n e l y i n g p a r a l l e l t o a n d o n e h u n d r e d f e e t ( 1 0 0 ' ) f r om O H W M a t a h e i g h t o f e i t h e r t h i r t y f i v e f e e t ( 3 5 ' ) o r o n e half (1/2) the ma x i m u m h e i g h t a l l o w e d i n t h e u n d e r l y i n g z o n e , w h i c h e v e r i s g r e a t e r ; a n d ii . H a v e a n u p w a r d , l a n d w a r d t r a n s i t i o n a t a s l o p e o f o n e v e r t i c al t o o n e h o r i z o n t a l f r o m t h e b e g i n n i n g h e i g h t e i t h e r ( a ) u n t i l the line at which th e m a x i m u m h e i g h t a l l o w e d i n t h e u n d e r l y i n g z o n i n g i n c h a p t e r 4 - 2 R M C i s r e a c h e d ( f r o m w h i c h li n e t h e h e i g h t e n v e l o p e s h a l l e x tend la n d w a r d a t t h e m a x i m u m h e i g h t a l l o w e d i n th e u n d e r l y i n g z o n i n g ) , o r ( b ) t o t h e e n d o f s h o r e l i n e j u r i s d i c t i on, whichever comes first. b. F o r b u i l d i n g s a l l o w e d w a t e r w a r d o f o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M t h r o u g h a m o d i f i e d s e t b a c k , t h e m a x i m u m b u i l d i n g h e i g h t shall be as fo l l o w s : i. B e t w e e n t h e m o d i f i e d s e t b a c k l i n e a n d t h e li n e l y i n g p a r a l l e l t o a n d o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M , t h e m a x i m u m b u i l d i n g height sh a l l b e d e f i n e d b y a m a x i m u m a l l o w a b l e b u i l d i n g h e i g h t e n v e l o p e t h a t s h a l l : (a ) B e g i n a t a h e i g h t o f t h i r t y f i v e f e e t ( 3 5' ) a l o n g t h e l i n e o f t h e m o d i f i e d s e t b a c k ; a n d (b ) H a v e a n u p w a r d , l a n d w a r d t r a n s i t i o n a t a s l o p e o f o n e v e r t i c a l t o o n e h o r i z o n t a l f r o m t h e b e g i n n i n g h e i g h t e i t h e r u n t i l t h e line at wh i c h t h e m a x i m u m h e i g h t a l l o w e d i n t h e u n d e r l y i n g z o n i n g i n c h ap t e r 4 - 2 R M C i s r e a c h e d ( f r o m w h i c h l i n e t h e h e i g h t e n v e l o p e sh a l l e x t e n d l a n d w a r d a t t h e m a x i m u m h e i g h t a l l o w e d i n t h e u n d e rl y i n g z o n i n g ) o r t o t h e l i n e l y i n g p a r a l l e l t o a n d o n e h u n d r e d feet (1 0 0 ' ) f r o m O H W M , w h i c he v e r c o m e s f i r s t ; a n d ii . L a n d w a r d o f o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M , t h e a p p l i c a n t s h a l l h a v e t h e o p t i o n o f c h o o s i n g t h e m a x i m u m b u i l d i n g h e i g h t d efined by e i t h e r : (a ) U s i n g t h e m a x i m u m a l l o w a b l e b u i l d i n g h e i g h t e n v e l o p e d e s c r i b e d i n T a b l e N o t e 8 . a , a b o v e ; o r (b ) H a v i n g t h e m a x i m u m a l l o w a b l e b u i l d i n g h e i g h t e n v e l o p e d e s c r i b e d i n T a b l e N o t e 8 . b . i , a b o v e , c o n t i n u e a n u p w a r d , l a n d w a r d t r a n- si t i o n a t a s l o p e o f o n e v e r t i c a l t o o n e h o r i z o n t a l f r o m t h e en v e l o p e ’ s h e i g h t a l o n g a l i n e l y i n g p a r a l l e l t o a n d o n e h u n d r e d f eet (100') fr o m O H W M e i t h e r u n t i l t h e l i n e a t w h i c h t h e m a x i m u m h e i g h t a l l o we d i n t h e u n d e r l y i n g z o n i n g i n c h a p t e r 4 - 2 R M C i s r e a c h e d (f r o m w h i c h l i n e t h e h e i g h t e n v e l o p e s h a l l e x t e n d l a n d w a r d a t t h e m a xi m u m h e i g h t a l l o w e d i n t h e u n d e rlying zoning), or to the e nd of s h o r e l i n e j u r i s d i c t i o n , w h i c h e v e r c o m e s f i r s t . 9. H e i g h t i s g o v e r n e d b y t h e u n d e r l y i n g s t a n d a r d s i n c h a p t e r 4 - 2 R M C; p r o v i d e d , t h a t i f a p r o p e r t y is s e p a r a t e d f r o m O H W M b y a n intervening parcel in s e p a r a t e o w n e r s h i p a n d t h e d i s t a n c e f r o m O H W M i s l e s s t h a n o n e h u n d r e d f e e t ( 1 0 0 ' ) , t h e h e i g h t a d j a c e n t t o t h e i n t e r v e n i n g p arcel in separate 4-3-090D (Revised 12/11)3 - 40.8 ow n e r s h i p a n d t h e d i s t a n c e f r o m O H W M i s l e s s t h a n o n e h u n d r e d f e e t ( 1 0 0 ' ) , t h e h e i g h t a d j a c e n t t o t h e i n t e r v e n i n g p a r c e l i s l i m ited to an increase ov e r t h e m a x i m u m a l l o w e d u s e o f t h e i n t e r v e n i n g p a r c el a t a s l o p e o f o n e v e r t i c a l t o o n e h o r i z o n t a l . 10 . U p t o f i v e p e r c e n t ( 5 % ) i m p e r v i o u s s u r f ac e i s a l l o w e d i n v e g e t a t i o n c o n s e r v a t i o n bu f f e r s / s e t b a c k s f o r a c c e s s t o t h e s h o r e l i n e, or a pathway up to six fe e t ( 6 ' ) w i d e , w h i c h e v e r i s g r e a t e r . I n a d d i t i o n , f o r p r o j e c t s t h a t p r o v i d e p u b l i c a c c e s s a n d t h e o p p o r t u n i t y f o r s u b s t a n t i a l numbers of people to enjoy th e s h o r e l i n e , u p t o t w e n t y f i v e p e r c e n t ( 2 5 % ) i m p e r v i o u s s u r f a c e is a l l o w e d ; p r o v i d e d , t h a t n o m o r e t h a n f i v e p e r c e n t ( 5 % ) i m p ervious surface is al l o w e d c l o s e r t h a n t w e n t y f i v e f e e t ( 2 5 ' ) f r o m O H W M . 11 . I n c a s e s w h e r e t h e d e p t h o f t h e v e g e t a t i o n c o n s e r v a t i o n b u f f e r / s e t b a c k i s m o d i f i e d i n a c c o r d a n c e w i t h s u b s e c t i o n F 1 o f t h i s Section, Vegetation Con- se r v a t i o n , t h a t p o r t i o n o f t h e f i rs t o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M u p o n w h i c h d e v e l o p m e n t i s t o b e l o c a t e d i s p e r m i t t e d a m aximum of fifty per- ce n t ( 5 0 % ) i m p e r v i o u s s u r f a c e , u n l e s s a d i f f e r e n t s t a n d a r d i s s t a t e d b e l o w : La k e W a s h i n g t o n R e a c h e s H a n d I – U p t o s e v e n t y f i v e p e r c e n t ( 7 5 % ) i m p e r v i o u s s u r f a c e , e x c e p t a s c o n s i s t e n t w i t h a Master Site Plan approved pr i o r t o t h e a d o p t i o n o f t h i s S e c t i o n . La k e W a s h i n g t o n R e a c h J – N o l i m i t i s p r o v i d e d f o r th e R e n t o n M u n i c i p a l A i r p o r t . Ce d a r R i v e r R e a c h A – N o l i m i t i s p r o v i d e d f o r th e R e n t o n M u n i c i p a l A i r p o r t . Ce d a r R i v e r R e a c h B a n d C – N o l i m i t t o i m p e r v i o u s s u r f a c e . Ce d a r R i v e r R e a c h D – N o m o r e t h a n f i v e p e r c en t ( 5 % ) i m p e r v i o u s s u r f a c e . Sp r i n g b r o o k C r e e k R e a c h e s B t h r o u g h D – N o m o r e t h a n s i x t y f i v e p e r c e n t ( 6 5 % ) i m p e r v i o u s s u r f a c e . 12 . N o b u i l d i n g c o v e r a g e i s a l l o w e d i n v e g e t a t i o n c o n s e r v a t i o n b u f f er s . I f t h e b u f f e r d e p t h i s m o d i f i e d i n a c c o r d a n c e w i t h s u b s e ction F1 of this Section, Ve g e t a t i o n C o n s e r v a t i o n , t h a t p o r t i o n o f t h e fi r s t o n e h u n d r e d f e e t ( 1 0 0 ' ) f r o m O H W M u p o n w h i c h d e v e l o p m e n t i s t o b e l o c a t e d s h all be permitted th e f o l l o w i n g c o v e r a g e : La k e W a s h i n g t o n H i g h I n t e n s i t y O v e r l a y D i s t r i c t – U p t o f i f t y p e r c e n t ( 5 0 % ) b u i l d i n g c o v e r a g e , e x c e p t a s c o n s i s t e n t w i t h a M a s t e r S i t e P l a n ap p r o v e d p r i o r t o t h e a d o p t i o n o f t h i s S e c t i o n . Ce d a r R i v e r R e a c h A – U p t o t w e n t y p e r c e n t ( 2 0 % ) f o r t h e R e n t o n M u n i c i p a l A i r p o r t . Ce d a r R i v e r R e a c h B – N o l i m i t o n b u i l d i n g c o v e r a g e . Ce d a r R i v e r R e a c h C – U p t o s i x t y f i v e p e r c e n t ( 6 5 % ) b u i l d i n g c o v e r a g e , o r u p t o se v e n t y f i v e p e r c e n t ( 7 5 % ) i f p a r k i n g i s p r o v i d e d w i t h i n a b u i l d i ng or p a r k i n g g a r a g e ( p a r k i n g s t a l l m a y n o t b e l o c a t e d w i t h i n o n e h u n d r e d f e e t ( 1 0 0 ' ) o f O H W M ) . Ce d a r R i v e r R e a c h D – N o m o r e t h a n f i v e p e r c en t ( 5 % ) b u i l d i n g c o v e r a g e . Gr e e n R i v e r A – U p t o f i f t y p e r c e n t ( 5 0 % ) b u i l d i n g c o v e r a g e . Sp r i n g b r o o k C r e e k R e a c h A – N o m o r e t h a n f i v e p e r c e n t ( 5 % ) b u i l d i n g c o v e r a g e . Sp r i n g b r o o k C r e e k R e a c h e s B t h r o u g h D – U p t o f i f t y p e r c e n t ( 5 0 % ) b u i l d i n g c o v e r a g e . 4-3-090D 3 - 40.9 (Revised 12/11) b. City-Wide Development Stan- dards: Table 4-3-090D7a replaces the standards of the underlying zone in chap- ter 4-2 RMC for those specific standards enumerated. All other standards of the Renton development regulations, flood control regulations, subdivision regula- tions, health regulations, and other adopted regulatory provisions apply within shoreline jurisdiction. In the event the provisions of the Shoreline Master Program conflict with provisions of other City regulations, the more restrictive shall prevail. c. Measurement: i. Horizontal measurement shall be measured outward on a plane and in the direction that results in the great- est dimension from property lines, or from other features specified. ii. Height is measured consistent with the definition of “building height” in RMC 4-11-020. d. Activities Exempt from Buffers and Setbacks: The following develop- ment activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and pro- vided further, that they comply with all the applicable regulations in RMC Title IV: i. Water-Dependent Development: Those portions of approved water- dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buff- ers. ii. Underground Utilities: Under- ground utilities, including stormwater outfalls and conveyance pipes. iii. Modifications Necessary for Agency Compliance: Modifications to existing development that are neces- sary to comply with environmental re- quirements of any agency, when otherwise consistent with the Shore- line Master Program; provided, that the Administrator of the Department of Community and Economic Devel- opment or designee determines that: (a) The facility cannot meet the dimensional standard and ac- complish the purpose for which it is intended; (b) The facility is located, de- signed, and constructed to meet specified dimensional standards to the maximum extent feasible; and (c) The modification is in con- formance with the provisions for nonconforming development and uses. iv. Necessary Access: Roads, rail- ways, and other essential public fa- cilities that must cross shorelines and are necessary to access ap- proved water-dependent develop- ment subject to development standards in subsection E of this Section, Use Regulations. v. Stairs and Walkways: Stairs and walkways not greater than five feet (5') in width or eighteen inches (18') in height above grade, except for rail- ings. vi. Essential Public Facilities: An essential public facility or public utility where the Administrator of the De- partment of Community and Eco- nomic Development or designee determines that: (a) The facility cannot meet the dimensional standard and ac- complish the purpose for which it is intended; and (b) The facility is located, de- signed, and constructed to meet specified dimensional standards to the maximum extent feasible. vii. Shared Moorage: Shared moor- ages shall not be subject to side yard setbacks when located on or adja- 4-3-090E (Revised 12/11)3 - 40.10 cent to a property line shared in com- mon by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility. viii. Flood Storage: Approved com- pensating flood storage areas. 8. Private Property Rights: Regulation of private property to implement any program goals such as public access and protection of ecological functions must be consistent with all relevant constitutional and other legal lim- itations. These include, but are not limited to, property rights guaranteed by the United States Constitution and the Washington State Constitution, applicable Federal and State case law, and State statutes, such as RCW 34.05.328, 43.21C.060, and 82.02.020. The Administrator of the Department of Commu- nity and Economic Development or designee shall have the authority to make findings con- cerning public access regarding nexus and proportionality on any shoreline permit. 9. Treaty Rights: Rights reserved or other- wise held by Indian Tribes pursuant to trea- ties, executive orders, or statutes, including right to hunt, fish, gather, and the right to re- served water, shall not be impaired or limited by any action taken or authorized by the City under its Shoreline Master Program, and all rights shall be accommodated. E. USE REGULATIONS: 1. Shoreline Use Table: Uses specified in the table below are subject to the use and de- velopment standards elsewhere in this Sec- tion and the policies of the Shoreline Master Program. 4-3-090E 3 - 40.11 (Revised 12/11) Ta b l e 4 - 3 - 0 9 0 E 1 S h o r e l i n e U s e T a b l e : KE Y : X = P r o h i b i t e d , P = P e r m i t t e d , A D = Ad m i n i s t r a t i v e C o n d i t i o n a l U s e P e r m i t , H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e P e r m i t Na t u r a l Ur b a n Co n s e r v a n c y Si n g l e F a m i l y Re s i d e n t i a l A q u a t i c H i g h I n t e n s i t y High Intensity Isolated RE S O U R C E Aq u a c u l t u r e P 1 P 1 XP P X Mi n i n g X X X X X X Pr e s e r v a t i o n a n d En h a n c e m e n t o f Na t u r a l F e a t u r e s o r Ec o l o g i c a l P r o c e s s e s P 1 PP P 8 Ex c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Lo w I n t e n s i t y S c i e n t i f i c , Cu l t u r a l , H i s t o r i c , o r Ed u c a t i o n a l U s e P 1 PP P 8 Fi s h a n d W i l d l i f e Re s o u r c e En h a n c e m e n t P 1 PP P 8 RE S I D E N T I A L De t a c h e d D w e l l i n g s X P 4 P 5 X E x c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. At t a c h e d D w e l l i n g s X X X X Ac c e s s o r y D w e l l i n g Un i t s X A D A D X Gr o u p H o m e s I X X X X Gr o u p H o m e s I I ( f o r s i x or f e w e r r e s i d e n t s ) XX P X Gr o u p H o m e s I I ( f o r se v e n o r m o r e re s i d e n t s ) XX H X Ad u l t F a m i l y H o m e X X H X 4-3-090E (Revised 12/11)3 - 40.12 CI V I C U S E S K- 1 2 E d u c a t i o n a l In s t i t u t i o n ( p u b l i c o r pr i v a t e ) X X P X E x c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Ro a d s ( n o t p r o v i d i n g di r e c t a c c e s s t o pe r m i t t e d o r c o n d i t i o n a l us e s ) XX H X CO M M E R C I A L U S E S Ho m e O c c u p a t i o n s X P A D X E x c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Ad u l t D a y C a r e I X X A D X Ad u l t D a y C a r e I I X X H X Ta b l e 4 - 3 - 0 9 0 E 1 S h o r e l i n e U s e T a b l e : KE Y : X = P r o h i b i t e d , P = P e r m i t t e d , A D = Ad m i n i s t r a t i v e C o n d i t i o n a l U s e P e r m i t , H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e P e r m i t Na t u r a l Ur b a n Co n s e r v a n c y Si n g l e F a m i l y Re s i d e n t i a l A q u a t i c H i g h I n t e n s i t y High Intensity Isolated 4-3-090E 3 - 40.13 (Revised 12/11) RE C R E A T I O N Pa r k s , N e i g h b o r h o o d H 1 H 6 PP 8 Ex c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Pa r k s , R e g i o n a l / Co m m u n i t y H 1 H 6 AD 6 P 8 Pa s s i v e R e c r e a t i o n H 1 PP P 8 Pu b l i c H i k i n g a n d Bi c y c l e T r a i l s , O v e r La n d H 1 P 1 PX Ac t i v e R e c r e a t i o n X P 2 PP 8 Bo a t L a u n c h e s X P X P 8 Mo o r i n g P i l e s X P P P 8 Bo a t M o o r a g e X P P P 8 Bo a t L i f t s X X P 7 P 8 Bo a t H o u s e s X X X X Go l f C o u r s e s X H 2 HX Ma r i n a s X X A D 6 P 8 Ex p a n s i o n o f E x i s t i n g Ov e r - W a t e r T r a i l s H 10 AD 10 AD 10 AD 10 AD 10 X Ta b l e 4 - 3 - 0 9 0 E 1 S h o r e l i n e U s e T a b l e : KE Y : X = P r o h i b i t e d , P = P e r m i t t e d , A D = Ad m i n i s t r a t i v e C o n d i t i o n a l U s e P e r m i t , H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e P e r m i t Na t u r a l Ur b a n Co n s e r v a n c y Si n g l e F a m i l y Re s i d e n t i a l A q u a t i c H i g h I n t e n s i t y High Intensity Isolated 4-3-090E (Revised 12/11)3 - 40.14 IN D U S T R I A L In d u s t r i a l U s e X X X H 8 Ex c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. UT I L I T I E S St r u c t u r e s f o r F l o o d w a y Ma n a g e m e n t , I n c l u d i n g Dr a i n a g e o r S t o r a g e an d P u m p i n g F a c i l i t i e s H 1 PP P 8 Ex c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Lo c a l S e r v i c e U t i l i t i e s X P 3 P 3 P 8 Ma j o r S e r v i c e U t i l i t i e s X H 6 H 6 H 6 P 3 P 8 Ta b l e 4 - 3 - 0 9 0 E 1 S h o r e l i n e U s e T a b l e : KE Y : X = P r o h i b i t e d , P = P e r m i t t e d , A D = Ad m i n i s t r a t i v e C o n d i t i o n a l U s e P e r m i t , H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e P e r m i t Na t u r a l Ur b a n Co n s e r v a n c y Si n g l e F a m i l y Re s i d e n t i a l A q u a t i c H i g h I n t e n s i t y High Intensity Isolated 4-3-090E 3 - 40.15 (Revised 12/11) Ta b l e N o t e s : 1. P r o v i d e d t h a t t h e u s e d o e s n o t d e g r ad e t h e e c o l o g i c a l f u n c t i o n s o r n a t u r al c h a r a c t e r o f t h e s h o r e l i n e a r e a . 2. U s e i s a l l o w e d , b u t s t r u c t u r e s s h a l l n o t b e p l a c e d w i t h i n t h e s h o r e l i n e j u r i s d i c t i o n . 3. A l l o w e d o n l y t o s e r v e a p p r o v e d o r c o n d i t i o n a l u s e s , b u t s h o u l d b e l o c a t e d o u t s i d e o f s h o r e l i n e j u r i s d i c t i o n i f f e a s i b l e . 4. L i m i t e d t o e x i s t i n g l o t s , o r c l u s t e r e d su b d i v i s i o n s t h a t r e t a i n s e n s i t i v e a r e a s . 5. I n c l u d e s u s e s c u s t o m a r i l y i n c i d e n t a l t o a n d s u b o r d i na t e t o t h e p r i m a r y u s e , a n d l o c a t e d o n t h e s a m e l o t . 6. E x i s t i n g u s e i s p e r m i t t e d , b u t n e w u s e i s su b j e c t t o a S h o r e l i n e C o n d i t i o n a l U s e P e r m i t . 7. A l l o w e d a s a c c e s s o r y t o a r e s i d e n t i a l d o c k ; p r o v i d e d , t h a t a l l l i f t s a r e p l a c e d a s f a r w a t e r w a r d a s f e a s i b l e a n d s a f e ; a n d p l atform lifts are fully grated. 8. O n l y a l l o w e d i f t h e u s e i s w a t e r - d e p e n d e n t . 9. I f t h e u n s p e c i f i e d u s e i s p r o h i b i t e d i n t h e u n d e r l y i n g z on i n g i t i s a l s o p r o h i b i t e d i n s h o r e l i n e j u r i s d i c t i o n . 10 . N o n e w o v e r - w a t e r t r a i l s s h a l l b e a l l o w e d un l e s s i t i s p a r t o f t h e e x p a n s i o n o f a n e x i s t i n g o v e r - w a t e r t r a i l o r o v e r - w a t e r t ra i l s y s t e m . S u c h e x p a n s i o n s sh a l l b e c o n s i d e r e d a c o n d i t i o n a l u s e i f a ll o w e d i n t h e P u b l i c A c c e s s R e q u i r e m e n t s b y R e a c h T a b l e a t s u b s e c t i o n D 4 f o f t h i s S e c tion and if impacts ar e l i m i t e d . AC C E S S O R Y U S E S Pa r k i n g A r e a s X P 3 P 3 X E x c e p t f o r t h e l a n d u s e s s p e c i f i e d i n t h i s ta b l e , l a n d u s e s a l l o w e d i n t h e u n d e r l y i n g zo n i n g i n R M C 4 - 2 - 0 6 0 ar e a l l o w e d i n t h i s ov e r l a y d i s t r i c t , s u b j e c t t o t h e p r e f e r e n c e fo r w a t e r - o r i e n t e d u s e s . L a n d u s e s i n t h e un d e r l y i n g z o n i n g t h a t r e q u i r e a n ad m i n i s t r a t i v e ( A D ) o r H e a r i n g E x a m i n e r (H ) c o n d i t i o n a l u s e p e r m i t i n t h e u n d e r l y i n g zo n i n g r e q u i r e t h e c o r r e s p o n d i n g Sh o r e l i n e C o n d i t i o na l U s e P e r m i t . Except for the land uses specifically prohibited in this table, land uses allowed in the underlying zoning in RMC 4-2-060 are allowed in this overlay district. Ro a d s X P 3 P 3 X Be d a n d B r e a k f a s t Ho u s e XX A D X Se a P l a n e M o o r a g e X X P P 8 He l i p a d s X X P P 8 US E S N O T S P E C I F I E D XX H 9 H 8 H 9 X Ta b l e 4 - 3 - 0 9 0 E 1 S h o r e l i n e U s e T a b l e : KE Y : X = P r o h i b i t e d , P = P e r m i t t e d , A D = Ad m i n i s t r a t i v e C o n d i t i o n a l U s e P e r m i t , H = H e a r i n g E x a m i n e r C o n d i t i o n a l U s e P e r m i t Na t u r a l Ur b a n Co n s e r v a n c y Si n g l e F a m i l y Re s i d e n t i a l A q u a t i c H i g h I n t e n s i t y High Intensity Isolated 4-3-090E (Revised 12/11)3 - 40.16 2. Aquaculture: a. No Net Loss Required: Aquaculture shall not be permitted in areas where it would result in a net loss of ecological functions and shall be designed and lo- cated so as not to spread disease to na- tive aquatic life, or establish new non- native species which cause significant ecological impacts. b. Aesthetics: Aquaculture facilities shall not significantly impact the aesthetic qualities of the shoreline. c. Structure Requirements: All struc- tures over or in the water shall meet the following restrictions: i. They shall be securely fastened to the shore. ii. They shall be designed for a min- imum of interference with the natural systems of the waterway including, for example, water flow and quality, fish circulation, and aquatic plant life. iii. They should not prohibit or re- strict other human uses of the water, such as swimming and/or boating. iv. They shall be set back appropri- ate distances from other shoreline uses, if potential conflicts exist. 3. Boat Launching Ramps: a. Boat Launching Ramps Shall Be Public: Any new boat launching ramp shall be public, except those related to a marina, water-dependent use, or provid- ing for hand launching of small boats with no provisions for vehicles or motorized facilities. b. No Net Loss Required: Choice of sites for boat launching ramps shall en- sure no net loss of ecological functions through assessment of the shoreline con- ditions and impacts of alteration of those conditions, as well as the disturbance re- sulting from the volume of boat users. c. Consideration of Impacts on Adja- cent Uses: Launch ramps locations shall consider impacts on adjacent uses in- cluding: i. Traffic generation and the ade- quacy of public streets to service. ii. Impacts on adjacent uses, in- cluding noise, light, and glare. iii. Hours of operation may be re- stricted to assure compatibility. iv. Potential impacts on aquatic habitat, including impacts of distur- bance by boats using the facility. d. Water and Shore Characteristics: i. Water depth shall be deep enough off the shore to allow use by boats without maintenance dredging. ii. Water currents and movement and normal wave action shall be suit- able for ramp activity. e. Topography: The proposed area shall not present major geological or to- pographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. f. Design to Ensure Minimal Impact: The ramp shall be designed so as to al- low for ease of access to the water with minimal impact on the shoreline and wa- ter surface. g. Surface Materials: The surface of the ramp may be concrete, precast con- crete, or other hard permanent sub- stance. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering the following conditions: i. Soil characteristics; ii. Erosion; iii. Water currents; iv. Waterfront conditions; 4-3-090E 3 - 40.17 (Revised 12/11) v. Usage of the ramp; vi. Durability; and vii. Avoidance of contamination of the water. h. Shore Facilities Required: i. Adequate on-shore parking and maneuvering areas shall be provided based on projected demand. Provi- sion shall be made to limit use to available parking to prevent spillover outside designated parking areas. ii. Engineering design and site lo- cation approval shall be obtained from the appropriate City depart- ment. 4. Commercial and Community Ser- vices: a. Use Preference and Priorities: New commercial and community ser- vices developments are subject to the fol- lowing: i. Water-Dependent Uses: Water- dependent commercial and commu- nity service uses shall be given pref- erence over water-related and water- enjoyment commercial and commu- nity service uses. Prior to approval of water-dependent uses, the Adminis- trator of the Department of Commu- nity and Economic Development or designee shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-de- pendent use. Water-dependent com- mercial and community service uses shall provide public access in a man- ner that will not interfere with the wa- ter-dependent aspects of the use. The portion of a site not required for water-oriented use may include mul- tiple use, approved non-water-ori- ented uses, ecological restoration, and public access. All uses shall pro- vide public access in accordance with subsection D4f of this Section, Table of Public Access Require- ments by Reach. On Lake Washing- ton, multiple use development that incorporates water-dependent use within one hundred feet (100') of the OHWM may not include non-water- oriented uses at the ground level. ii. Water-Related Uses: Water-re- lated commercial and community service uses shall not be approved if they displace existing water-depen- dent uses. Prior to approval of a wa- ter-related commercial or community service use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement for a waterfront location, or the use provides a necessary ser- vice supportive of the water-depen- dent uses, and/or the proximity of the use to its customers makes its ser- vices less expensive and/or more convenient. On Lake Washington, al- lowed water-related commercial and community service uses shall be evaluated in terms of whether the use facilitates a State-wide interest, including increasing public access and public recreational opportunities in the shoreline. iii. Water-Enjoyment Uses: Water- enjoyment commercial and commu- nity service uses shall not be ap- proved if they displace existing water-dependent or water-related uses or if they occupy space desig- nated for water-dependent or water- related use identified in a substantial development permit or other ap- proval. Prior to approval of water-en- joyment uses, review of the design, layout, and operation of the use shall confirm that the use facilitates public access to the shoreline as, or the use provides for, aesthetic enjoyment of the shoreline for a substantial num- ber of people as a primary character- istic of the use. The ground floor of the use must be ordinarily open to the general public and the shoreline- oriented space within the project must be devoted to the specific as- pects of the use that foster shoreline enjoyment. On Lake Washington, al- lowed water-enjoyment commercial uses shall be evaluated in terms of 4-3-090E (Revised 12/11)3 - 40.18 whether the use facilitates a State- wide interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non- water-oriented commercial and com- munity service uses may be permit- ted where: (a) Located on a site physically separated from the shoreline by another private property in sepa- rate ownership or a public right- of-way such that access for wa- ter-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shore- line Master Program, or estab- lished with the approval of the City; or (b) Proposed on a site where navigability is severely limited (i.e., all shoreline rivers and creeks), the commercial or com- munity service use provides a significant public benefit such as providing public access and/or ecological restoration; or (c) The use is part of a multiple use project that provides signifi- cant public benefit with respect to the objectives of the Shoreline Management Act such as: (1) Restoration of ecological functions both in aquatic and up- land environments that shall pro- vide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan or other plans and policies including the WRIA 8 Salmon Restoration Plans; or (2) The balance of the water frontage not devoted to ecologi- cal restoration and associated buffers shall be provided as pub- lic access. Community access may be allowed subject to the provisions of subsection E9 of this Section, Residential Devel- opment. b. Over-Water Structures: Over-water structures are allowed only for those por- tions of water-dependent commercial uses that require over-water facilities or for public recreation and public access facilities. Non-water-dependent commer- cial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in sup- port of water-dependent uses. c. Setbacks: Public access adjacent to the water may be located within the re- quired setback, subject to the standards for impervious surface in subsection D7a of this Section, Setbacks, for non-water- oriented commercial buildings and shall be located no closer than one hundred feet (100') from the OHWM; provided, this requirement may be modified in ac- cordance with subsection F1 of this Sec- tion, Vegetation Conservation. d. Scenic and Aesthetic Qualities: All new or expanded commercial and com- munity services developments shall take into consideration the scenic and aes- thetic qualities of the shoreline and com- patibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects and subsection D5 of this Section, Building and Development Location – Shoreline Orientation. 5. Industrial Use: a. Use Preferences and Priorities: In- dustrial developments shall be permitted subject to the following: i. Water-Dependent Uses: New in- dustrial uses in new structures within the required setback of the shoreline must be water-dependent. ii. Existing Non-Water-Dependent Uses: Existing non-water-dependent uses may be retained and expanded, subject to provisions for nonconform- 4-3-090E 3 - 40.19 (Revised 12/11) ing uses activities and sites; pro- vided, that expansion of structures within the required setback between the building and the water shall be prohibited unless it is demonstrated that the impacts of the expansion can be mitigated through on-site mea- sures such as buffer enhancement or low impact stormwater development. Changes in use are limited to existing structures. iii. Water-Related Uses: Water-re- lated industrial uses may not be ap- proved if they displace existing water-dependent uses. Prior to ap- proval of a water-related industrial use, review of the design, layout, and operation of the use shall confirm that the use has a functional require- ment for a waterfront location, or the use provides a necessary service supportive of the water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more conve- nient. Allowed water-related com- mercial uses shall be evaluated in terms of whether the use facilitates a public interest, including increasing public access and public recreational opportunities in the shoreline. iv. Non-Water-Oriented Uses: Non- water-oriented industrial uses may be permitted where: (a) Located on a site physically separated from the shoreline by another private property in sepa- rate ownership or a public right- of-way such that access for wa- ter-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shore- line Master Program; or (b) On a site that abuts the wa- ter’s edge where navigability is severely limited (i.e., all shore- line rivers and creeks) and where the use provides significant pub- lic benefit with respect to the ob- jectives of the Shoreline Management Act by: (1) Restoration of ecological functions both in aquatic and up- land environments that shall pro- vide native vegetation buffers according to the standards for the specific reach as specified in subsection F1 of this Section, Vegetation Conservation, and in accordance with the Restoration Element of this plan and other plans and policies including the WRIA 8 and 9 Salmon Restora- tion Plans; or (2) The balance of the water frontage not devoted to ecologi- cal restoration and associated buffers shall be provided as pub- lic access in accordance with subsection D4 of this Section, Public Access. b. Clustering of Non-Water-Oriented Uses: Any new use of facility or expan- sion of existing facilities shall minimize and cluster those water-dependent and water-related portions of the develop- ment along the shoreline and place in- land all facilities which are not water- dependent. c. Over-Water Structures: Over-water structures are allowed only for those por- tions of water-dependent industrial uses that require over-water facilities. Any over-water structure is water-dependent, is limited to the smallest reasonable di- mensions, and is subject to shoreline conditional use approval. d. Materials Storage: New industrial development may not introduce exterior storage of materials outside of buildings within shoreline jurisdiction, except by approval of a Shoreline Conditional Use Permit subject to the additional criteria that exterior storage is essential to the use. e. No Discharge Allowed: Each indus- trial use shall demonstrate that no spill or discharge to surface waters will result from the use or shall demonstrate in the permit application a specific program to contain and clean up spills or discharges 4-3-090E (Revised 12/11)3 - 40.20 of pollutants associated with the indus- trial use and activity. f. Offshore Log Storage: Offshore log storage shall only be allowed only to serve a processing use and shall be lo- cated where water depth is sufficient without dredging, where water circulation is adequate to disperse polluting wastes and where they will not provide habitat for salmonid predators. g. Scenic and Aesthetic Qualities: New or expanded industrial develop- ments shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses as provided in subsection D3 of this Section, Use Compatibility and Aesthetic Effects, and subsection D5 of this Sec- tion, Building and Development Location – Shoreline Orientation. 6. Marinas: a. Applicability: The standards speci- fied for marinas shall be applied to all de- velopment as described below: i. Joint use single family docks serving four (4) or more residences. ii. Any dock allowed for multi-family uses. iii. Docks serving all other multiple use facilities including large boat launches and mooring buoy fields. b. Lake Washington: Marinas on Lake Washington shall be permitted only when: i. Detailed analysis of ecological conditions demonstrate that they will not result in a net loss of ecological functions and specifically will not in- terfere with natural geomorphic pro- cesses including delta formation, or adversely affect native and anadro- mous fish. ii. Future dredging is not required to accommodate navigability. iii. Adequate on-site parking is available commensurate with the size and character of moorage facili- ties provided in accordance with the parking standards in RMC 4-4-080F. Parking areas not associated with loading areas shall be sited as far as feasible from the water’s edge and outside of vegetated buffers de- scribed in subsection F1 of this Sec- tion, Vegetation Conservation. iv. Adequate water area is available commensurate with the actual moor- age facilities provided. v. The location of the moorage facil- ities is adequately served by public roads. c. Location Criteria: i. Marinas shall not be located near beaches commonly used for swim- ming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. ii. Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concur- rent with the development. iii. Marinas, launch ramps, and ac- cessory uses shall be designed so that lawfully existing or planned pub- lic shoreline access is not unneces- sarily blocked, obstructed, nor made dangerous. d. Design Requirements: i. Marinas shall be designed to re- sult in no net loss of ecological func- tions. ii. Marinas and boat launches shall provide public access for as many water-dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pe- 4-3-090E 3 - 40.21 (Revised 12/11) destrian bridges to offshore struc- tures, fishing platforms, artificial pocket beaches, and underwater div- ing and viewing platforms. iii. Dry upland boat storage is pre- ferred for permanent moorage in or- der to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (a) No suitable upland loca- tions exist for such facilities; or (b) It is demonstrated that wet moorage would result in fewer impacts to ecological functions; or (c) It is demonstrated that wet moorage would enhance public use of the shoreline. iv. Marinas, launch ramps, and ac- cessory uses shall be located and designed with the minimum neces- sary shoreline stabilization. v. Public access shall be required in accordance with subsection D4 of this Section, Public Access. vi. Piers and docks shall meet stan- dards in subsection E7 of this Sec- tion, Piers and Docks. vii. New covered moorage for boat storage is prohibited. Covered over- water structures may be permitted only where vessel construction or re- pair work is to be the primary activity and covered work areas are demon- strated to be the minimum necessary over-water structures. When feasible any covered over-water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water’s surface. e. Operation Requirements: i. Marinas and other commercial boating activities shall be equipped with facilities to manage wastes, in- cluding: (a) Marinas with a capacity of one hundred (100) or more boats, or further than one mile from such facilities, shall provide pump-out, holding, and/or treat- ment facilities for sewage con- tained on boats or vessels. (b) Discharge of solid waste or sewage into a water body is pro- hibited. Marinas and boat launch ramps shall have adequate restroom and sewage disposal facilities in compliance with applicable health regulations. (c) Garbage or litter recepta- cles shall be provided and main- tained by the operator at locations convenient to users. (d) Disposal or discarding of fish or shellfish cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles near a marina or launch ramp is prohibited. (e) Public notice of all regula- tions pertaining to handling and disposal of waste, sewage, fuel, oil or toxic materials shall be re- viewed and approved and posted where all users may eas- ily read them. ii. Fail safe facilities and proce- dures for receiving, storing, dispens- ing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and ex- pansion or substantial alteration of existing marinas. Handling of fuels, chemicals, or other toxic materials must be in compliance with all appli- cable Federal and State water quality laws as well as health, safety, and engineering requirements. Rules for spill prevention and response, in- cluding reporting requirements, shall be posted on site. 4-3-090E (Revised 12/11)3 - 40.22 7. Piers and Docks: a. General Criteria for Use and Ap- proval of All New or Expanded Piers and Docks: i. Piers and docks shall be de- signed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor cre- ate a hazard to navigation. ii. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. iii. The use of floating docks in lieu of other types of docks is to be en- couraged in those areas where sce- nic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. iv. The expansion of existing piers and docks is preferred over the con- struction of new. v. The responsibility rests on the applicant to affirmatively demon- strate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an ex- isting lot. vi. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, in- cluding those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. vii. Over-water construction not re- quired for moorage purposes is regu- lated as a recreation use. viii. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the fol- lowing criteria: (a) Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. (b) Water-related, water-enjoy- ment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of wa- ter-dependent uses, provided the minimum size requirement needed to meet the water-de- pendent use is not violated. (c) Public access is required over all docks utilizing public aquatic lands that serve water- dependent uses, water-enjoy- ment uses and multiple uses, provided it does not preclude the water-dependent use. (d) The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. b. Additional Criteria for New or Ex- panded Residential Docks: i. Single Family Docks: (a) Single Family Joint Use Docks: A pier or dock which is constructed for private recre- ation moorage associated with a single family residence, for pri- vate joint use by two or more sin- gle family waterfront property owners, or a community pier or dock in new waterfront single family subdivision, is considered a water-dependent use; pro- vided, that it is designed and used only as a facility to access watercraft owned by the occu- pants, and to incidental use by temporary guests. No fees or other compensation may be charged for use by nonresidents 4-3-090E 3 - 40.23 (Revised 12/11) of piers or docks accessory to residences. (b) Individual Single Family Docks: The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: (1) A new dock providing for private recreational moorage for an individual lot may not be per- mitted in subdivisions approved on or before January 28, 1993, unless shared moorage is not available, and there is no home- owners association or other cor- porate entity capable of developing shared moorage. (2) A new dock shall not be al- lowed for an individual lot in cases where a joint use dock has been constructed to serve the subject lot. (3) Prior to approval of a new dock for private recreational moorage for an individual lot, the owner should demonstrate that adjacent owners have been con- tacted and they have declined to develop or utilize a shared dock. Such information should be pro- vided in the project narrative at the time of permit submittal. (4) A new dock should be ap- proved only in cases where use of a mooring buoy is demon- strated to be impractical for re- ducing over-water coverage. ii. Multi-Family Docks: Multi-family residential use is not considered a water-dependent use under the Shoreline Management Act and moorage for multi-family residential use shall be provided only when the following criteria are met: (a) The dock provides a public benefit of shoreline ecological enhancement in the form of veg- etation conservation buffer en- hancement in accordance with subsection F1 of this Section, Vegetation Conservation, and/or public access in accordance with subsection D4 of this Section, Public Access; (b) Moorage at the proposed dock shall be limited to residents of the apartments, condomini- ums, or similar developments for which the dock was built; (c) Multi-family moorage serv- ing more than four (4) vessels meets the criteria for the ap- proval of marinas in subsection E6 of this Section, Marinas. iii. Shared Docks Required for New Development: Shared moorage shall be provided for all new residential de- velopments of more than two (2) sin- gle family dwelling units. New subdivisions shall contain a restric- tion on the face of the plat prohibiting individual docks. A site for shared moorage shall be owned in undivided interest by property owners within the subdivision. Shared moorage fa- cilities shall be available to property owners in the subdivision for commu- nity access and may be required to provide public access depending on the scale of the facility. If shared moorage is provided, the applicant/ proponent shall file at the time of plat recordation a legally enforceable joint use agreement. Approval shall be subject to the following criteria: (a) Shared moorage to serve new development shall be lim- ited to the amount of moorage needed to serve lots with water frontage. Shared moorage use by upland property owners shall be reviewed as a marina. (b) As few shared docks as possible shall be developed. De- velopment of more than one dock shall include documenta- tion that a single dock would not accommodate the need or that 4-3-090E (Revised 12/11)3 - 40.24 adverse impacts on ecological functions would result from the size of dock required. (c) The size of a dock must consider the use of mooring buoys for some or all moorage needs and the use of all or part of the dock to allow tender access to mooring buoys. (d) Public access shall be pro- vided over all shared docks utiliz- ing public aquatic lands that accommodate five (5) or more vessels. c. Design Criteria – General: i. Pier Type: All piers and docks shall be built of open pile construc- tion except that floating docks may be permitted where there is no dan- ger of significant damage to an eco- system, where scenic values are high and where one or more of the following conditions exist: (a) Extreme water depth, be- yond the range of normal length piling. (b) A soft bottom condition, providing little support for piling. (c) Bottom conditions that ren- der it not feasible to install piling. ii. Construction and Maintenance: All piers and docks shall be con- structed and maintained in a safe and sound condition. iii. Approach: Approaches to piers and docks shall consist of ramps or other structures that span the entire foreshore to the point of intersection with stable upland soils. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock. iv. Materials: Applicants for the new construction or extension of piers and docks or the repair and mainte- nance of existing docks shall use ma- terials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking, and other compo- nents that may come in contact with water shall be approved by applica- ble State agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlo- rophenol or other similarly toxic ma- terials is prohibited. Pilings shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel. v. Pilings: Pile spacing shall be the maximum feasible to minimize shad- ing and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in struc- ture damage from driftwood impact or entrapment. The first piling set shall be spaced at the maximum dis- tance feasible to minimize shading and shall be no less than eighteen feet (18'). Pilings beyond the first set of piles shall minimize the size of the piles and maximize the spacing be- tween pilings to the extent allowed by site-specific engineering or design considerations. vi. Minimization of Nearshore Im- pacts: In order to minimize impacts on nearshore areas and avoid reduc- tion in ambient light level: (a) The width of piers, docks, and floats shall be the minimum necessary to serve the proposed use. (b) Ramps shall span as much of the nearshore as feasible. (c) Dock surfaces shall be de- signed to allow light penetration. (d) Lights shall avoid illuminat- ing the water surface. Lighting facilities shall be limited to the minimum extent necessary to lo- cate the pier or dock at night for 4-3-090E 3 - 40.25 (Revised 12/11) docks serving residential uses. Lighting to serve water-depen- dent uses shall be the minimum required to accommodate the use and may not be used when the water-dependent aspects of the use are not in operation. vii. Covered Moorage: Covered moorage is not allowed on any moor- age facility unless translucent materi- als are used that allow light penetration through the canopy, or through the roof of legal, pre-existing boat houses. Temporary vessel cov- ers must be attached to the vessel. New boat houses are not allowed. viii. Seaplane Moorage: Seaplane moorage may be accommodated at any dock that meets the standards of the Shoreline Master Program. ix. Other Agency Requirements: If deviation from the design standards specified in subsection E7 of this Section, Piers and Docks, is ap- proved by another agency with per- mitting authority, such as the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers, it shall be approved with a variance, subject to all conditions and requirements of those permitting agencies. d. Design Standards: Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses WHEN ALLOWED Maximum of one pier or dock per developed waterfront lot or ownership. A joint use dock may be constructed for two (2) or more contiguous waterfront properties and may be located on a side property line, or straddling a side property line, common to both properties or be provided with an access easement for all lots served.1 Joint use docks or piers serving more than four (4) residences shall be regulated as marinas. Water-dependent commercial and industrial uses may develop docks and piers to the extent that they are required for water-dependent use. Public access shall be provided in accordance with subsection D4 of this Section, Public Access. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. 4-3-090E (Revised 12/11)3 - 40.26 LENGTH – MAXIMUM Docks and Piers Minimum needed to provide moorage for a single family residence, a maximum of one ell and two (2) fingers. Maximum: 80 ft. from OHWM.2 Minimum needed to provide moorage for the single family residences or community being served. Maximum: 80 ft. from OHWM.2 Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Maximum: 120 ft. from OHWM.2 Facilities adjacent to a designated harbor area: The dock or pier may extend to the lesser of: a) The general standard, above; or b) The inner harbor line or such point beyond the inner harbor line as is allowed by formal authorization by the Washington State Department of Natural Resources (DNR) or other agency with jurisdiction. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Ells and Fingers 26 ft. 26 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Floats 20 ft. 20 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E 3 - 40.27 (Revised 12/11) WIDTH Docks and Piers 4 ft.4 6 ft. Maximum walkway: 8 ft., but 12 ft. if vehicular access is required for the approved use.3 Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Ells and Floats 6 ft. 6 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Fingers 2 ft. 2 ft. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Ramp Connecting a Pier/Dock to a Float 3 ft. for walkway, 4 ft. total 3 ft. for walkway, 4 ft. total Minimum needed to serve specific vessels or other water- dependent uses specified in the application. PILINGS – MAXIMUMS Mooring Piles Two (2) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Four (4) piles, up to 12 in. in diameter, installed within 24 ft. of a dock or pier and out of the nearshore area. Minimum needed to serve specific vessels or other water- dependent uses specified in the application. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E (Revised 12/11)3 - 40.28 Table Notes: 1. A joint use ownership agreement or covenant shall be executed and recorded with the King County Assessor’s Office prior to the issuance of permits. A copy of the recorded agreement shall be provided to the City. Such documents shall specify ownership rights and maintenance provisions, including: specifying the parcels to which the agreement shall apply; providing that the dock shall be owned jointly by the participating parcels and that the ownership shall run with the land; providing for ease- ments to access the dock from each lot served and provide for access for maintenance; providing apportionment of construction and maintenance expenses; and providing a means for resolution of disputes, including arbitration and filing of liens and assessments. 2. Maximum length is eighty feet (80') unless a depth of ten feet (10') cannot be obtained. In such cir- cumstances the dock may be extended until the water depth reaches a point of ten feet (10') in depth at ordinary low water. 3. Additional width may be allowed to accommodate public access in addition to the water-dependent use. 4. That portion of a pier or dock beyond thirty feet (30') from OHWM may be up to six feet (6') wide, with- out a variance, if approved by the U.S. Army Corps of Engineers or the Washington Department of Fish and Wildlife; or a pier or dock may be six feet (6') wide, waterward from land, without a variance, if the property owner qualifies for State disabled accommodations. e. Maintenance and Repair of Docks: Existing docks or piers that do not comply with these regulations may be repaired in accordance with the criteria below. i. When the repair and/or replace- ment of the surface area exceeds thirty percent (30%) of the surface area of the dock/pier, light penetrat- ing materials must be used for all re- placement decking. For floating docks, light penetrating materials shall be used where feasible, and as long as the structural integrity of the dock is maintained. ii. When the repair involves re- placement of the surfacing materials only, there is no requirement to bring the dock/pier into conformance with dimensional standards of this Sec- tion. iii. When the repair/replacement in- volves the replacement of more than fifty percent (50%) of the pilings, or more, the entire structure shall be re- placed in compliance with these reg- ulations. For floating docks, when the repair/replacement involves replace- ment of more than fifty percent (50%) SETBACKS – MINIMUMS Side Setback No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 5 ft. to an adjacent property line and may not interfere with navigation. No portion of a pier or dock may lie closer than 30 ft. to an adjacent property line. Docks are not allowed unless they provide public access or public water recreation use. Such docks and piers are subject to the performance standards for over- water structures for recreation in subsection E8 of this Section, Recreation. Single Family Joint Use and Community Docks Commercial and Industrial Docks – Water-Dependent Uses Non-Water- Dependent Uses 4-3-090E 3 - 40.29 (Revised 12/11) of the total supporting structure (in- cluding floats, pilings, or cross-bars), the entire structure shall be replaced in compliance with these regulations. iv. When the existing dock/pier is moved or expanded or the shape re- configured, the entire structure shall be replaced in compliance with these regulations. f. Buoy and Float Regulations: i. Buoys Preferred: The use of buoys for moorage is preferable to piers, docks, or floats and buoys may be sited under a shoreline exemption instead of a Substantial Develop- ment Permit, provided they do not exceed the cost threshold. ii. Floats: Floats shall be allowed under the following conditions: (a) The float is served by a dock attached to the shore for use of only a tender. The dock shall be the minimum length to allow access to a tender and may not exceed a length of forty feet (40'). (b) Floats shall be anchored to allow clear passage on all sides by small watercraft. (c) Floats shall not exceed a maximum of one hundred (100) square feet in size. A float pro- posed for joint use between adja- cent property owners may not exceed one hundred and fifty (150) square feet per residence. Floats for public use shall be sized in order to provide for the specific intended use and shall be limited to the minimum size necessary. (d) A single family residence may only have one float. (e) Floats shall not be located a distance of more than eighty feet (80') beyond the OHWM, except public recreation floats. g. Variance to Dock and Pier Dimen- sions: i. Requests for greater dock and pier dimensions than those specified above may be submitted as a shore- line variance application, unless oth- erwise specified. ii. Any greater dimension than those listed above may be allowed subject to findings that a variance re- quest complies with: (a) The general criteria for shoreline variance approval in RMC 4-9-190I4. (b) The additional criteria that the allowed dock or pier cannot reasonably provide the purpose for which it is intended without specific dimensions to serve specific aspects of a water-de- pendent use. (c) Meets the general criteria for all new and expanded piers and docks in subsection E7a of this Section. 8. Recreation: a. When Allowed: Recreation activi- ties are allowed when: i. There is no net loss of ecological functions, including on- and off-site mitigation. ii. Water-related and water-enjoy- ment uses do not displace water-de- pendent uses and are consistent with existing water-related and water-en- joyment uses. iii. The level of human activity in- volved in passive or active recreation shall be appropriate to the ecological features and shoreline environment. iv. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, eco- logical study areas, and other recre- 4-3-090E (Revised 12/11)3 - 40.30 ational uses for the public in accordance with RCW 90.58.100(4). b. Location Relative to the Shore- line: Activities provided by recreational facilities must bear a substantial relation- ship to the shoreline, or provide physical or visual access to the shoreline. i. Water-dependent recreation such as fishing, swimming, boating, and wading should be located on the shoreline. ii. Water-related recreation such as picnicking, hiking, and walking should be located near the shoreline. iii. Non-water-related recreation fa- cilities shall be located inland. Recre- ational facilities with large grass areas, such as golf courses and play- ing fields, and facilities with exten- sive impervious surfaces shall observe vegetation management standards providing for native vege- tation buffer areas along the shore- line. c. Over-Water Structures: Over-water structures for recreation use shall be al- lowed only when: i. They allow opportunities for sub- stantial numbers of people to enjoy the shorelines of the State. ii. They are not located in or adja- cent to areas of exceptional ecologi- cal sensitivity, especially aquatic and wildlife habitat areas. iii. They are integrated with other public access features, particularly when they provide limited opportuni- ties to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. iv. No net loss of ecological func- tions will result. d. Public Recreation: Public recre- ation uses shall be permitted within the shoreline only when the following criteria are considered: i. The natural character of the shoreline is preserved and the re- sources and ecology of the shoreline are protected. ii. Accessibility to the water’s edge is provided consistent with public safety needs and in consideration of natural features. iii. Recreational development shall be of such variety as to satisfy the di- versity of demands of the local com- munity. iv. Water-related and water-enjoy- ment uses do not displace water-de- pendent uses and uses are consistent with existing water-related and water-enjoyment uses. v. Recreational development is lo- cated and designed to minimize det- rimental impact on the adjoining property. vi. The development provides park- ing and other necessary facilities to handle the designed public use. vii. Effects on private property are consistent with all relevant constitu- tional and other legal limitations on regulation or acquisition of private property. viii. Public parks and other public lands shall be managed in a manner that provides a balance between pro- viding opportunities for recreation and restoration and enhancement of the shoreline. Major park develop- ment shall be approved only after a master planning process that pro- vides for a balance of these ele- ments. e. Private Recreation: i. Private recreation uses and facili- ties that exclude the public from pub- lic aquatic lands are prohibited. Private recreation uses that utilize 4-3-090E 3 - 40.31 (Revised 12/11) public aquatic lands shall provide public access in accordance with cri- teria in subsection D4 of this Section, Public Access. ii. Private recreational uses open to the public shall be permitted only when the following standards are met: (a) There is no net loss of eco- logical functions, including on- and off-site. (b) There is reasonable public access provided to the shoreline at no fee for sites providing rec- reational uses that are fee sup- ported, including access along the water’s edge where appropri- ate. In the case of Lake Wash- ington, significant public access shall be provided in accordance with public access criteria in sub- section D4 of this Section, Public Access. (c) The proposed facility will have no significant detrimental effects on adjacent parcels and uses. (d) Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. (e) Recreational uses are en- couraged in multiple use com- mercial development. 9. Residential Development: a. Single Family Priority Use and Other Residential Uses: Single family residences are a priority on the shoreline under the Shoreline Management Act (RCW 90.58.020). All other residential uses are subject to the preference for wa- ter-oriented use and must provide for meeting the requirements for ecological restoration and/or public access. b. General Criteria: Residential devel- opments shall be allowed only when: i. Density and other characteristics of the development are consistent with the Renton Comprehensive Plan and Zoning Code. ii. Residential structures shall pro- vide setbacks and buffers as pro- vided in subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Section, Vegetation Conserva- tion. c. Public Access Required: Unless deemed inappropriate due to health, safety, or environmental concerns, new single family residential developments, including subdivision of land for ten (10) or more parcels, shall provide public ac- cess in accordance with subsection D4 of this Section, Public Access. Unless deemed inappropriate due to health, safety or environmental concerns, new multi-family developments shall provide a significant public benefit such as provid- ing public access and/or ecological resto- ration along the water’s edge. For such proposed development, a community ac- cess plan may be used to satisfy the pub- lic access requirement if the following written findings are made by the Adminis- trator of the Department of Community and Economic Development or designee: i. The community access plan al- lows for a substantial number of peo- ple to enjoy the shoreline; and ii. The balance of the waterfront not devoted to public and/or community access shall be devoted to ecological restoration. d. Shoreline Stabilization Prohibited: New residential development shall not re- quire new shoreline stabilization. Devel- opable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. Prior to approval, geotechnical analysis of the site and shoreline characteristics shall demonstrate that new shoreline stabiliza- tion is unlikely to be necessary for each 4-3-090E (Revised 12/11)3 - 40.32 new lot to support intended development during the life of the development or use. e. Critical Areas: New residential de- velopment shall include provisions for critical areas including avoidance, set- backs from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, ri- parian and marine shoreline erosion ar- eas, and shall meet all applicable development standards. Setbacks from hazards shall be sufficient to protect structures during the life of the structure (one hundred (100) years). f. Vegetation Conservation: All new residential lots shall meet vegetation con- servation provisions in subsection F1 of this Section, Vegetation Conservation, in- cluding the full required buffer area to- gether with replanting and control of invasive species within buffers to ensure establishment and continuation of a veg- etation community characteristic of a na- tive climax community. Each lot must be able to support intended development without encroachment on vegetation con- servation areas, except for public trains and other uses allowed within such ar- eas. Areas within vegetation conserva- tion areas shall be placed in common or public ownership when feasible. g. New Private Docks Restricted: All new subdivisions shall record a prohibi- tion on new private docks on the face of the plat. An area reserved for shared moorage may be designated if it meets all requirements of the Shoreline Master Program including demonstration that public and private marinas and other boating facilities are not sufficient to meet the moorage needs of the subdivision. h. Floating Residences Prohibited: Floating residences are prohibited. 10. Transportation: a. General Standards: New and ex- panded transportation facilities shall be designed to achieve no net loss of eco- logical functions within the shoreline. To the maximum extent feasible the follow- ing standards shall be applied to all trans- portation projects and facilities: i. Facilities shall be located outside of the shoreline jurisdiction and as far from the land/water interface as pos- sible. Expansion of existing transpor- tation facilities shall include analysis of system options that assess the po- tential for alternative routes outside shoreline jurisdiction or set back fur- ther from the land/water interface. ii. Facilities shall be located and de- signed to avoid significant natural, historical, archaeological, or cultural sites, and mitigate unavoidable im- pacts. iii. Facilities shall be designed and maintained to prevent soil erosion, to permit natural movement of ground- water, and not adversely affect water quality or aquatic plants and animals over the life of the facility. iv. All debris and other waste mate- rials from construction shall be dis- posed of in such a way as to prevent their entry by erosion into any water body and shall be specified in sub- mittal materials. v. Facilities shall avoid the need for shoreline protection. vi. Facilities shall allow passage of flood waters, fish passage, and wild- life movement by using bridges with the longest span feasible or when bridges are not feasible, culverts and other features that provide for these functions. vii. Facilities shall be designed to accommodate as many compatible uses as feasible, including, but not limited to: utilities, viewpoint, public access, or trails. b. Roads: i. New public or private roads and driveways shall be located inland from the land/water interface, prefer- ably out of the shoreline, unless: (a) Perpendicular water cross- ings are required for access to 4-3-090E 3 - 40.33 (Revised 12/11) authorized uses consistent with the Shoreline Master Program; or (b) Facilities are primarily ori- ented to pedestrian and nonmo- torized use and provide an opportunity for a substantial number of people to enjoy shore- line areas, and are consistent with policies and regulations for ecological protection. ii. Road locations shall be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. iii. RCW 36.87.130 prohibits vaca- tion of any right-of-way that abuts freshwater except for port, recre- ational, educational or industrial pur- poses. Therefore, development, abandonment, or alteration of unde- veloped road ends within Shoreline Master Program jurisdiction is pro- hibited unless an alternate use is ap- proved in accordance with the Shoreline Master Program. c. Railroads: New or expanded rail- roads shall be located inland from the land/water interface and out of the shore- line where feasible. Expansion of the number of rails on an existing right-of- way shall be accompanied by meeting the vegetation conservation provisions for moderate expansion of nonconform- ing uses in RMC 4-10-095, Nonconform- ing Uses, Activities, Structures and Sites. d. Trails: i. Trails that provide public access on or near the water shall be located, designed, and maintained in a man- ner that protects the existing environ- ment and shoreline ecological functions. Preservation or improve- ment of the natural amenities shall be a basic consideration in the design of shoreline trails. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. Over-water structures may be provided for trails in cases where: (a) Key trail links for local or re- gional trails must cross streams, wetlands, or other water bodies. (b) For interpretive facilities. (c) To protect sensitive riparian and wetland areas from the ad- verse impacts of at grade trails, including soil compaction, ero- sion potential and impedance of surface and groundwater move- ment. iv. Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in ar- eas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-sur- faced trails with higher use located in less ecologically sensitive areas. e. Parking: i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be allowed only as neces- sary to serve an authorized primary use. ii. Public Parking: (a) In order to encourage public use of the shoreline, public park- ing is to be provided at frequent locations on public streets, at shoreline viewpoints, and at trail- heads. (b) Public parking facilities shall be located as far as feasible from the shoreline unless park- ing areas close to the water are essential to serve approved rec- reation and public access. In general, only handicapped park- ing should be located near the land/water interface with most 4-3-090E (Revised 12/11)3 - 40.34 other parking located within walking distance and outside of vegetation conservation buffers provided in subsection F1 of this Section, Vegetation Conserva- tion. (c) Public parking facilities shall be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. iii. Private Parking: (a) Private parking facilities should be located away from the shoreline unless parking areas close to the water are essential to serve approved uses and/or developments. When sited within shoreline jurisdiction, parking shall be located inland away from the land/water interface and landward of water-oriented de- velopments and/or other ap- proved uses. (b) Surface parking areas shall be located and designed to mini- mize visual impacts as viewed from the shoreline and from views of the shoreline from up- land properties. (c) Parking structures shall be located outside of shoreline veg- etation conservation buffers and behind or within the first row of buildings between the water and the developed portions of a site and designed such that the front- age visible from the shoreline ac- commodates other uses and parked cars are not visible from that frontage. (d) Parking lot design, land- scaping and lighting shall be governed by the provisions of chapter 4-4 RMC and the provi- sions of the Shoreline Master Program. f. Aviation: i. Prohibited Near Natural or Urban Conservancy Areas: Aviation facili- ties are prohibited within two hun- dred feet (200') of a Natural or Urban Conservancy Shoreline Overlay Dis- trict. ii. Airports: (a) A new airport shall not be allowed to locate within the shoreline; however, an airport al- ready located within a shoreline shall be permitted. (b) Upgrades of facilities to meet FAA requirements or im- provements in technology shall be permitted. (c) Facilities to serve sea- planes may be included as an accessory use in any existing air- port. (d) Helipads may be included as an accessory use in any exist- ing airport. (e) Aviation-related manufac- turing shall be permitted in an airport. (f) New or upgraded airport fa- cilities shall be designed and op- erated such that: (1) All facilities that are non- water-dependent shall be lo- cated outside of shoreline juris- diction, if feasible. When sited within shoreline jurisdiction, uses and/or developments such as parking, hangars, service build- ings or areas, access roads, util- ities, signs, and storage of materials shall be located as far from the land/water interface as feasible. The minimum setback shall be twenty feet (20') from the OHWM of the shoreline and shall be designed and spaced to allow viewing of airport activities from the area along the water’s edge. 4-3-090E 3 - 40.35 (Revised 12/11) (2) New or upgraded airport fa- cilities shall minimize impacts on shoreline ecological functions, including control of pollutant dis- charge. The standards for water quality and criteria for application shall be those in current storm- water control regulations. (3) New facilities dispensing fuel or facilities associated with use of hazardous materials shall require a Shoreline Conditional Use Permit. iii. Seaplanes: (a) Private: (1) Operation of a single pri- vate seaplane on waters where FAA has designated a seaplane landing area is not regulated by the Shoreline Master Program. (2) Moorage of a seaplane is addressed in subsection E7 of this Section, Piers and Docks. (b) Commercial: New commer- cial seaplane facilities, including docks and storage area bases, may be allowed in industrial ar- eas provided such bases are not contiguous to residential areas and provided they meet stan- dards in subsection E7 of this Section, Piers and Docks. iv. Helicopter Landing Facilities: (a) Private: Establishment of a helipad on a single family resi- dential lot is allowed subject to the standards of RMC 4-2-080A111. Conditions shall be imposed to mitigate impacts within the shoreline. (b) Commercial: New commer- cial heliports, including those ac- cessory to allowed uses, are allowed by Shoreline Conditional Use Permit, subject to the stan- dards of the Shoreline Master Program. v. New Seaplane Facilities and He- liports – Criteria for Approval: (a) Review shall include con- sideration of location approval in terms of compatibility with af- fected uses including short- and long-term noise impacts, impacts on habitat areas of endangered or threatened species, environ- mentally critical and sensitive habitats, and migration routes: (1) On adjacent parcels; and (2) On over-flight areas. (b) Conditions shall be im- posed to mitigate impacts within the shoreline and also non- shoreline over flight and related impacts. 11. Utilities: a. Criteria for All Utilities: i. Local utility services needed to serve water-dependent and other permitted uses in the shoreline are subject to standards for ecological protection and visual compatibility. ii. Major utility systems shall be lo- cated outside of shoreline jurisdic- tion, to the extent feasible, except for elements that are water-dependent and crossings of water bodies and other elements of shorelands by lin- ear facilities. iii. New public or private utilities shall be located inland from the land/ water interface, preferably out of shoreline jurisdiction, unless: (a) Perpendicular water cross- ings are unavoidable; or (b) Utilities are necessary for authorized shoreline uses con- sistent with the Shoreline Master Program. iv. Linear facilities consisting of pipelines, cables and other facilities 4-3-090E (Revised 12/11)3 - 40.36 on land running roughly parallel to the shoreline shall be located as far from the water’s edge as feasible and preferably outside of shoreline jurisdiction. v. Linear facilities consisting of pipelines, sewers, cables and other facilities on aquatic lands running roughly parallel to the shoreline that may require periodic maintenance that would disrupt shoreline ecologi- cal functions shall be discouraged except where no other feasible alter- native exists. When permitted, provi- sions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant im- pacts to other shoreline resources and values. vi. Utilities shall be located in exist- ing rights-of-way and corridors, whenever reasonably feasible. vii. Local service utilities serving new development shall be located underground, wherever reasonably feasible. viii. Utility crossings of water bodies shall be attached to bridges or lo- cated in other existing facilities, if reasonably feasible. If new installa- tions are required to cross water bod- ies or wetlands they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be tunneled or bored where reasonably feasible. Installa- tions shall be deep enough to avoid failures or need for protection due to exposure due to streambed mobiliza- tion, aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if reasonably feasible to avoid the need for excavation in the event of the need for maintenance or replacement. ix. In areas where utility installa- tions would be anticipated to signifi- cantly alter natural groundwater flows, a barrier or conduit to impede changes to natural flow characteris- tics shall be provided. x. Excavated materials from con- struction of utilities shall be disposed of outside of the vegetation conser- vation buffer except if utilized for eco- logical restoration and shall be specified in submittal materials. xi. Utilities shall be located and de- signed to avoid natural, historic, ar- chaeological or cultural resources to the maximum extent feasible and mitigate adverse impacts where un- avoidable. xii. Utilities shall be located, de- signed, constructed, and operated to result in no net loss of shoreline eco- logical functions with appropriate on- and off-site mitigation including com- pensatory mitigation. xiii. All utility development shall be consistent with and coordinated with all local government and State plan- ning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. xiv. Site planning and rights-of-way for utility development should pro- vide for compatible multiple uses such as shore access, trails, and rec- reation or other appropriate use whenever possible. Utility right-of- way acquisition should be coordi- nated with transportation and recre- ation planning. xv. Vegetation Conservation: (a) Native vegetation shall be maintained whenever reason- ably feasible. (b) When utility projects are completed in the water or shore- land, the disturbed area shall be restored as nearly as possible to the original condition. (c) All vegetation and screen- ing shall be hardy enough to 4-3-090E 3 - 40.37 (Revised 12/11) withstand the travel of service trucks and similar traffic in areas where such activity occurs. xvi. A structure or other facility en- closing a telephone exchange, sew- age pumping or other facility, an electrical substation, or other above ground public utility built in the shore- line area shall be: (a) Housed in a building that shall conform architecturally with the surrounding buildings and area or with the type of building that will develop as provided by the zoning district and applicable design standards. (b) An unhoused installation on the ground or a housed installa- tion that does not conform with the standards above shall be sight-screened in accordance with RMC 4-4-095 with ever- green trees, shrubs, and land- scaping materials planted in sufficient depth to form an effec- tive and actual sight barrier within five (5) years. (c) An unhoused installation of a potentially hazardous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open wire fence, or masonry wall. Such installations shall be sight- screened in accordance with RMC 4-4-095 with evergreen trees, shrubs, and landscaping materials planted in sufficient depth to form an effective and actual sight barrier, except at en- trance gate(s), within five (5) years. b. Special Considerations for Pipe- lines: i. Installation and operation of pipe- lines shall protect the natural condi- tions of adjacent water courses and shorelines. ii. Water quality is not to be de- graded to the detriment of aquatic life nor shall water quality standards be violated. iii. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. iv. All petro-chemical or toxic mate- rial pipelines shall be constructed in accordance with the regulations of the Washington State Transportation Commission and subject to review by the City Public Works Department. c. Major Utilities – Specifications: i. Electrical Installations: (a) Overhead High Voltage Power Lines: (1) Overhead electrical trans- mission lines of fifty five (55) kV and greater voltage within the shoreline shall be relocated to a route outside of the shoreline, where feasible when: • Such facilities are upgraded to a higher voltage. • Additional lines are placed within the corridor. (2) The support structures for new overhead power lines shall be designed to avoid or minimize impacts to shoreline areas. (b) Underwater electrical trans- mission lines shall be located and designed to: (1) Utilize existing transporta- tion or utility corridors where fea- sible. (2) Avoid adverse impacts to navigation. (3) Be posted with warning signs. 4-3-090E (Revised 12/11)3 - 40.38 (c) Electrical Distribution Sub- stations: Electrical distribution substations shall be: (1) Located outside of the shoreline, where feasible, and may be located within a shore- land location only when the ap- plicant proves no other site out of the shoreland area exists. (2) Located as far as feasible from the land/water interface. (3) Screened as required by in the criteria for all utilities, above. ii. Communications: This Section applies to telephone exchanges in- cluding radar transmission installa- tions, receiving antennas for cable television and/or radio, wireless com- munication facilities and any other fa- cility for the transmission of communication signals. (a) Communications installa- tions may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area. (b) All structures shall meet the screening requirements in the criteria for all utilities, above. (c) If approved within the shoreline, such installations shall reduce aesthetic impacts by lo- cations as far as possible from residential, recreational, and commercial activities. (d) Cellular communication fa- cilities may be located in the shoreline only when mounted on buildings and screened by archi- tectural features compatible with the design of the building. iii. Pipeline Utilities: All pipeline util- ities shall be underground. When un- derground projects are completed on the bank of a water body or in the shoreland or a shoreline, the dis- turbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. iv. Public Access: All utility compa- nies shall be asked to provide pedes- trian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are lo- cated near recreational or public use areas, utility companies shall be en- couraged to provide said rights-of- way as parking or other public use ar- eas for the adjacent public use area. As a condition of location of new util- ities within the shoreline, the City may require provision of pedestrian public access. v. All-Inclusive Utility Corridor: When it is necessary for more than one major utility to go along the same general route, the common use of a single utility right-of-way is strongly encouraged. It would be desirable to include railroad lines within this right- of-way also. d. Local Service Utilities, Specifica- tions: i. Electrical Distribution: New elec- trical distribution lines within the shoreline shall be placed under- ground; provided, that distribution lines that cross water or other critical areas may be allowed to be placed above ground if: (a) There is no feasible alterna- tive route. (b) Underground installation would substantially disrupt eco- logical functions and processes of water bodies and wetlands; horizontal drilling or similar tech- nology that does not disturb the surface is not feasible. (c) Visual impacts are mini- mized to the extent feasible. 4-3-090E 3 - 40.39 (Revised 12/11) (d) If overhead facilities require that native trees and other vege- tation cannot be maintained in a vegetation conservation buffer as provided in subsection F1 of this Section, Vegetation Conser- vation, compensatory mitigation shall be provided on- or off-site. ii. Water Lines: (a) New water lines shall not cross water, wetlands or other critical areas unless there is no reasonably feasible alternative route. (b) Sizes and specifications shall be determined by the Public Works Department in accor- dance with American Water Works Association (AWWA) guidelines. iii. Sanitary Sewer: (a) The use of outhouses or privies is prohibited. Self-con- tained outhouses may be al- lowed for temporary, seasonal, or special events. (b) All uses shall hook to the municipal sewer system. There shall be no septic tanks or other on-site sewage disposal sys- tems. (c) Sewage trunk lines, inter- ceptors, pump stations, treat- ment plants, and other components that are not water- dependent shall be located away from shorelines unless: (1) Alternative locations, in- cluding alternative technology, are demonstrated to be infeasi- ble. (2) The facilities do not result in a net loss of shoreline ecological functions. (3) The facilities do not result in significant impacts to other shoreline resources and values such as parks and recreation fa- cilities, public access and ar- chaeological, historic, and cultural resources, and aesthetic resources. (d) Storm drainage and pollut- ant drainage shall not enter the sanitary sewer system. (e) During construction phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facili- ties are completed. (f) All sanitary sewer pipe sizes and materials shall be approved by the Public Works Department. iv. Stormwater Management: (a) The City will work with pri- vate property owners and other jurisdictions to maintain, en- hance and restore natural drain- age systems to protect water quality, reduce flooding, reduce public costs and prevent associ- ated environmental degradation to contribute to the goal of no net loss of shoreline ecological func- tions. (b) All new development shall meet current stormwater man- agement requirements for deten- tion and treatment. (c) Individual single family resi- dences may be subject to water quality management require- ments to ensure the quality of adjacent water bodies. (d) Stormwater ponds, basins and vaults shall be located as far from the water’s edge as feasible and may not be located within vegetation conservation buffers. (e) The location design and construction of stormwater out- falls shall limit impacts on receiv- ing waters and comply with all 4-3-090F (Revised 12/11)3 - 40.40 appropriate local, State, and Federal requirements. Infiltration of stormwater shall be preferred, where reasonably feasible. (f) Stormwater management may include a low impact devel- opment stormwater conveyance system in the vegetation buffer, if the system is designed to mimic the function and appearance of a natural shoreline system and complies with all other require- ments and standards of subsec- tion F1 of this Section, Vegetation Conservation. v. Solid Waste Facilities: (a) Facilities for processing, storage, and disposal of solid waste are not normally water-de- pendent. Components that are not water-dependent shall not be permitted on shorelines. (b) Disposal of solid waste on shorelines or in water bodies has the potential for severe adverse effects upon ecological func- tions, property values, public health, natural resources, and lo- cal aesthetic values and shall not be permitted. (c) Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for lit- ter control. F. SHORELINE MODIFICATION: 1. Vegetation Conservation: a. Standard Vegetation Conservation Buffer Width: Except as otherwise spec- ified in this Section, water bodies defined as shorelines shall have a minimum one hundred foot (100') vegetation manage- ment buffer measured from the OHWM of the regulated shoreline of the State. Where streams enter or exit pipes, the buffer shall be measured perpendicular to the OHWM from the end of the pipe along the open channel section of the stream. b. Vegetation Conservation Buffer Widths by Reach: The Administrator of the Department of Community and Eco- nomic Development or designee may ap- ply the following vegetation buffers provided for in Table 4-3-090F1l, Vegeta- tion Conservation Standards by Reach, as an alternative to the standard vegeta- tion conservation buffer for sites for de- velopment that implement water-oriented use and public access as provided in the table for each reach. c. Alternative Vegetated Buffer Widths and Setbacks for Existing Sin- gle Family Lots: i. Modified Requirements Based on Lot Depth: The Administrator of the Department of Community and Eco- nomic Development or designee shall apply the following vegetation buffers and building setbacks for ex- isting single family residences and existing single family lots consisting of property under contiguous owner- ship without a variance. Lot depth shall be measured from the OHWM in a perpendicular direction to the edge of the contiguously owned par- cel or to an easement containing ex- isting physical improvements for road access for two (2) or more lots. ii. Setback Modifications for Site Improvements: Existing single family residences on existing single family lots subject to the setback standards in subsection F1ci of this Section may reduce their setback by making one or more of the site improvements listed below. In no case shall the set- back be reduced to less than twenty five feet (25'). The reduced setback and site improvement shall be re- Lot Depth Building Setback Vegetated Buffer Greater than 130 feet 45 feet 20 feet 100 feet, up to 130 feet 35 feet 15 feet Less than 100 feet 25 feet 10 feet 4-3-090F 3 - 40.41 (Revised 12/11) corded in a covenant approved by the City Attorney. The site improve- ment shall be maintained by the property owner. (a) The setback shall be re- duced by five feet (5') for every two hundred fifty (250) square feet of existing impervious sur- face removed. (b) The setback shall be re- duced for properties that agree to reduce future impervious cov- erage to a standard lower than the standard in subsection D7a of this Section, Shoreline Bulk Standards. The reductions shall be five feet (5') for every two hun- dred fifty (250) square feet of fu- ture impervious surface coverage that is limited, and re- corded as a maximum impervi- ous coverage standard (in percent), rounded down to the nearest whole number. (c) Properties that replace ex- isting rigid shoreline stabilization with preferred alternatives under subsection F4aiii of this Section, Shoreline Stabilization Alterna- tives Hierarchy, shall qualify for a setback reduction that correlates with the degree in improvement in ecological function and value that is expected to result from the change, as reported in a stan- dard stream/lake study. (d) Properties that propose projects to improve habitat func- tions and values shall qualify for a setback reduction that corre- lates with the degree in improve- ment in ecological function and value that is expected to result from the project, as reported in a standard stream/lake study. iii. Modifications for Narrow Lots: For such lots with a lot width of less than sixty feet (60'), setbacks and buffers may be reduced by ten per- cent (10%), but no less than: (a) Building setback: twenty five feet (25'). (b) Vegetated buffer: fifteen feet (15'). iv. Other Setbacks May Be Re- duced: Modification from the front and side yard standards may be granted administratively if needed to meet the established setback from the OHWM, as specified in this Sec- tion, and if standard variance criteria are met in RMC 4-9-250B, Vari- ances. d. Reduction of Vegetated Buffer or Setback Width: i. Administrator of the Department of Community and Economic Devel- opment or Designee May Reduce: Based upon an applicant’s request, the Administrator of the Department of Community and Economic Devel- opment or designee may approve a reduction in the standard buffer widths/setbacks where the applicant can demonstrate compliance with criteria in the subsections below. Buffer enhancement shall be re- quired where appropriate to site con- ditions, habitat sensitivity, and proposed land development charac- teristics. ii. Water-Dependent Uses: (a) Areas approved for water- dependent use or public access may be excluded from vegetated buffer if the approval is granted through review of a Substantial Development Permit, Condi- tional Use Permit, or variance; provided, that the area excluded is the minimum needed to pro- vide for the water-dependent use or public access. (b) Access to private docks through a vegetated buffer may be provided by a corridor up to six feet (6') wide. 4-3-090F (Revised 12/11)3 - 40.42 iii. Vegetation Conservation Stan- dard Table Applied: Vegetated buff- ers specified for areas enumerated in Table 4-3-090F1l, Vegetation Con- servation Standards by Reach, shall be applied in accordance with those provisions. iv. Buffer and Setback Reduction Standards: Based upon an appli- cant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Devel- opment or designee may approve a reduction in the standard buffer widths/setbacks by up to fifty percent (50%) if within the High Intensity Overlay or by up to twenty five per- cent (25%) in all other shoreline over- lays except when the buffer widths/ setbacks are established by subsec- tion F1c of this Section, Alternative Vegetated Buffer Widths and Set- backs for Existing Single Family Lots, where the applicant can demonstrate compliance with applicable criteria in the subsections below: (a) The proposal complies with either of the following two (2) cri- teria: (1) The area of the proposed reduced-width buffer is already extensively vegetated with native species, including trees and shrubs, and has less than five percent (5%) non-native invasive species cover; or (2) The area of the proposed reduced-width buffer can be en- hanced with native vegetation and removal of non-native spe- cies; and (b) The proposed project, with width reduction, will result in no net loss of ecological functions as consistent with subsection D2a of this Section, No Net Loss of Ecological Functions; and (c) Reduction of the buffer/set- back shall not create the need for rigid shoreline stabilization as described in subsections F4aiii(d) and (e) of this Section, Shoreline Stabilization Alterna- tives Hierarchy; and (d) The reduction shall not cre- ate any significant unmitigated adverse impacts to other prop- erty in the vicinity. (e) Review Procedures: (1) Buffer reductions in the High Intensity Overlay shall be approved by the Administrator of the Department of Community and Economic Development or designee as part of a Substantial Development Permit. Buffer re- ductions in all other shoreline overlays shall be processed through a Shoreline Conditional Use Permit, pursuant to RMC 4-9-190I, Variances and Condi- tional Uses. (2) Written findings shall be made to demonstrate that the buffer reduction substantially im- plements the criteria of this Sec- tion. v. Buffer Reductions for the Con- version on Nonconforming Uses: Based upon an applicant’s request, and the acceptance of a supplemen- tal stream or lake study, the Adminis- trator of the Department of Community and Economic Develop- ment or designee may approve a re- duction in the standard buffer in a case where an existing nonconform- ing site is not redeveloped and the proposal includes removal of existing over-water structures or removal or reconstruction of shoreline protection structures or other restoration of shorelines or buffer areas in a man- ner that meets the standards of the Shoreline Master Program, to a veg- etated buffer a minimum ten feet (10') from existing buildings or impervious surface such as parking areas and driveways in current use to serve the nonconforming buildings or uses. 4-3-090F 3 - 40.43 (Revised 12/11) e. Increased Buffer Widths: Vege- tated buffers may be increased by the Administrator of the Department of Com- munity and Economic Development or designee as required or allowed by the criteria below. i. Areas of High Blow-Down Poten- tial: Where the stream/lake area is in an area of high blow-down potential as determined by a qualified profes- sional, the buffer width may be ex- panded up to an additional fifty feet (50') on the windward side, when de- termined appropriate to site circum- stances and ecological function by the Administrator of the Department of Community and Economic Devel- opment or designee. ii. Buffers Falling Within Protected Slopes or Very High Landslide Ar- eas: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the protected slope or the very high land- slide hazard buffer. f. Averaging of Buffer Width: i. Authority: Based upon an appli- cant’s request, and the acceptance of a standard stream or lake study, the Administrator of the Department of Community and Economic Devel- opment or designee may approve buffer width averaging except where specific vegetation buffers in Table 4-3-090F1l, Vegetation Conservation Standards by Reach, are stated. ii. Criteria for Approval: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: (a) The water body and associated riparian area contain variations in ecological sensitivity or there are ex- isting physical improvements in or near the water body and associated riparian area; (b) Buffer width averaging will re- sult in no net loss of stream/lake/ri- parian ecological function; (c) The total area contained within the buffer after averaging is no less than that contained within the re- quired standard buffer width prior to averaging; (d) In no instance shall the buffer width be reduced to less than fifty feet (50'); (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific infor- mation. The steps in RMC 4-9-250F shall be followed. g. Buffer Enhancement: Buffer en- hancement as a separate action may be proposed on any property and may be implemented without full compliance with the standards of this Section; provided, that the project includes a buffer en- hancement plan using native vegetation and provides documentation that the en- hanced buffer area will maintain or im- prove the functional attributes of the buffer. Any change to existing noncon- forming facilities or use on a site shall meet the provisions for nonconforming sites. h. Exemption Criteria: As determined by the Administrator of the Department of Community and Economic Development or designee, for development proposed on sites separated from the shoreline by intervening, and lawfully created, public roads, railroads, other off-site substantial existing improvements, or an intervening parcel under separate ownership, the re- quirements of this Code for a vegetation buffer may be waived. For the purposes of this Section, the intervening lots/par- cels, roads, or other substantial improve- ments shall be found to: i. Separate the subject upland property from the water body due to their height or width; and 4-3-090F (Revised 12/11)3 - 40.44 ii. Substantially prevent or impair delivery of most ecological functions from the subject upland property to the water body. i. Vegetation Management: Vegeta- tion adjacent to water bodies in the shoreline shall be managed to provide the maximum ecological functions feasi- ble, in accordance with these standards: i. Streams and lakes with vegeta- tion conservation buffer areas that are largely undisturbed native vege- tation shall be retained except where the buffer is to be enhanced or where alteration is allowed in conformance with this Section for a specific devel- opment proposal. ii. In the absence of a development proposal, existing, lawfully estab- lished landscaping and gardens within a vegetation conservation buffer may be maintained in their ex- isting condition including but not lim- ited to mowing lawns, weeding, removal of noxious and invasive spe- cies, harvesting and replanting of garden crops, pruning and replace- ment planting of ornamental vegeta- tion or indigenous native species to maintain the condition and appear- ance of such areas as they existed prior to adoption of this Code, pro- vided this does not apply to areas previously established as native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants. iii. Removal of noxious weeds and/ or invasive species may be allowed without permit review in any vegeta- tion conservation buffer area; pro- vided, that removal consists of physical uprooting or chemical treat- ment of individual plants or shallow excavation of no more than one thou- sand (1,000) square feet of dense in- festations. iv. New development or redevelop- ment of nonconforming uses shall develop and implement a vegetation management plan that complies with the standards of this Code. Unless otherwise provided, a vegetation management plan shall preserve, enhance or establish native vegeta- tion within the specified vegetation buffer. If a low impact development stormwater system is proposed in accordance with subsection E11div(f) of this Section, it must be included in the vegetation manage- ment plan. When required, vegeta- tion management plans shall be prepared by a qualified professional; provided, that the Administrator of the Department of Community and Economic Development or designee may establish prescriptive standards for vegetation conservation and management as an alternative to re- quiring a specific plan for a develop- ment. Vegetation management plans shall describe actions that will be im- plemented to ensure that buffer ar- eas provide ecological functions equivalent to a dense native vegeta- tion community to the extent possi- ble. Required vegetation shall be maintained over the life of the use and/or development. For private de- velopment a conservation easement or similar recorded legal restriction shall be recorded to ensure preser- vation of the vegetation conservation and management area. v. The Administrator of the Depart- ment of Community and Economic Development or designee may ap- prove, in cases of redevelopment or alteration of existing single family residential lots, a vegetation man- agement plan that does not include large native trees, if such trees would block more than thirty percent (30%) of existing water views allowed from the existing residence on a lot. Native vegetation consisting of ground- cover, shrubs and small trees shall be provided to provide as many of the vegetation functions feasible. This provision shall not apply to new lots created by subdivision or other means. 4-3-090F 3 - 40.45 (Revised 12/11) j. Documentation: i. Provisions of subsection F1 of this Section, Vegetation Conserva- tion, as they pertain to existing single family residences and lots, determi- nations and evidence shall be in- cluded in the application file. ii. For all development requiring a Shoreline Substantial Development Permit, findings and determinations regarding the application of in- creased or reduced buffer width shall be included as specific findings in the permit. iii. For development not requiring a Shoreline Substantial Development Permit, approval of a reduced buffer width shall require review as a shore- line variance by the Hearing Exam- iner per RMC 4-9-190. The setback provisions of the zoning district for the use must also be met unless a vari- ance to the zoning code is achieved. k. Off-Site Vegetation Conservation Fund: The City shall provide a fund for off- site provision of areas for vegetation con- servation. The Administrator of the De- partment of Community and Economic Development or designee shall assess charges to new development that has been granted a shoreline variance be- cause the vegetation conservation buffer requirement under subsection D7a of this Section, Shoreline Bulk Standards, or as modified under subsection F1 of this Sec- tion, Vegetation Conservation, cannot be met on-site. The Administrator of the De- partment of Community and Economic Development or designee shall also as- sess charges to existing development subject to major alteration in which on-site shoreline stabilization mitigation, if re- quired, is infeasible according to RMC 4-10-095F, Partial and Full Compliance, Alteration of an Existing Structure or Site. Credit shall be given for areas of vegeta- tion buffer on the shoreline provided by development. Expenditures from such a fund for provision of areas where the func- tions of shoreline vegetation conservation would be provided shall be in accordance with the restoration plan or other water- shed and aquatic habitat conservation plans and shall be spent within the WRIA in which the assessed property is located. l. Vegetation Conservation Buffer Standards by Reach: The following ta- ble identifies the performance standards for maintenance and restoration of the vegetation conservation buffer and shall be applied if required by the use regula- tions or development standards of the Shoreline Master Program. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives Lake Washington Lake Washington Reach A and B This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Lake Washington Reach C If areas redevelop, the full one hundred foot (100') buffer of native vegetation shall be provided, except where water-dependent uses are located. Buffer averaging, pursuant to subsection F1f of this Section, may be used if consistent with a NOAA Natural Resources Damage Settlement and approved by the U.S. EPA and the National Marine Fisheries Service. Lake Washington Reach D and E This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. 4-3-090F (Revised 12/11)3 - 40.46 Lake Washington Reach F Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with opportunities to provide public visual and physical access to the shoreline. The City may fund shoreline enhancement through fees paid for off-site mitigation from development elsewhere on Lake Washington. Lake Washington Reach G Enhancement of native riparian vegetation shall be implemented as part of park management, while recognizing that this portion of the park is oriented primarily to opportunities to provide public visual and physical access to the shoreline including over-water structures, supporting concessions, boat launch and public beach facilities. Lake Washington Reach H Buffers for vegetation management are not required in this reach. This site has an approved Master Site Plan that includes significant public access. Opportunities for public access along the waterfront and the development of water-oriented uses are the designated priorities for this reach. Lake Washington Reach I The area of vegetation on public aquatic lands should be enhanced in the short term. Upon redevelopment, vegetation buffers shall be extended into the site adjacent to vegetated areas along the shoreline. Vegetation restoration shall be balanced with public access and water-oriented use on the balance of the site. Public access shall not impact any restored lands on this site. Lake Washington Reach J Enhanced riparian vegetation shall be provided in a manner consistent with maintaining aviation safety as part of airport management. Lake Washington Reach K Redevelopment of multi-family sites shall provide vegetation buffers at the full standard, with possible employment of provisions for averaging or reduction. Single family development in this reach provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts shall be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. May Creek May Creek A and B Full standard native vegetation buffers shall be provided with development of this property. May Creek C and D Full standard native vegetation buffers shall be provided on this reach with existing private lots, subject to buffer standards related to lot depth, together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Cedar River Cedar River A Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with needs of flood control levees and opportunities to provide public visual and physical access to the shoreline. Cedar River B Enhancement of native riparian vegetation shall be implemented as part of flood control management programs that may be integrated with opportunities to provide public visual and physical access to the shoreline. Vegetation management and public access should be addressed in a comprehensive management plan prior to issuance of shoreline permits for additional flood management activities. This developed single family area shall implement vegetation management based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation as provided for alteration of nonconforming uses, structures, and sites. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives 4-3-090F 3 - 40.47 (Revised 12/11) Cedar River C Enhancement of native riparian vegetation shall be implemented as part of management of public parks. Full standard native vegetation buffers should be maintained on the public open space on the south side of the river, subject to existing trail corridors and other provisions for public access. Enhancement of native riparian vegetation within the standard or modified buffers shall be provided upon redevelopment of the north shore, except in areas where public/community access is provided. The vegetation conservation buffer may be designed to incorporate floodplain management features including floodplain compensatory storage. Cedar River D Full standard native vegetation buffers shall be provided on this reach with existing private lots subject to buffer standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Green River Green River Reach A Full standard native vegetation buffers shall be provided with redevelopment of this property in this reach, balanced with provisions for public access. Vegetation conservation within railroad rights-of-way shall not be required within areas necessary for railway operation. Vegetation preservation and enhancement should be encouraged in areas of railroad right-of-way not devoted to transportation uses. Expansion of railroad facilities may require specific vegetation preservation and enhancement programs, consistent with the standards of the Shoreline Master Program. Black River/Springbrook Creek Black River/ Springbrook A Public open space that exceeds buffer standards should be maintained and native vegetation enhanced. Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook B Full standard buffers should be provided upon redevelopment of adjacent land, recognizing the constraints of existing transportation and public facilities. Springbrook C and D Vegetation enhancement should be implemented within the drainage district channels in conjunction with management plans including adjustments to channel dimensions to assure continued flood capacity with the additional hydraulic roughness provided by vegetation. Full standard vegetated buffers should be provided upon redevelopment of adjacent land presuming revegetation of the stream channel. Vegetation management should retain a continuous trail system that may be relocated further from the stream edge. Lake Desire Lake Desire This developed primarily single family area provides primarily lawn and ornamental vegetation at the shoreline. Opportunities to limit ongoing adverse impacts should be implemented through providing for native vegetation in buffers adjacent to the water based on the standards related to lot depth together with replacement of shoreline armoring with soft shoreline protection incorporating vegetation. Shoreline vegetation enhancement should take place at the WDFW boat launching site balancing values of riparian vegetation with public access. Existing shoreline vegetation in the publicly owned natural areas should be preserved with some accommodation for interpretive access to the water as a part of park management plans, subject to the primary objective of protecting ecological functions. Table 4-3-090F1l – Vegetation Conservation Standards by Reach SHORELINE REACH Vegetation Conservation Objectives 4-3-090F (Revised 12/11)3 - 40.48 2. Landfill and Excavation: a. General Provisions: Landfill and excavation shall only be permitted in con- junction with an approved use or devel- opment and allowed with assurance of no net loss of shoreline ecological functions. Excavation below the OHWM is consid- ered “dredging” and is addressed in a separate section. b. Criteria for Allowing Landfills and Excavations Below Ordinary High Wa- ter Mark: Landfills and excavations shall generally be prohibited below the OHWM, except for the following activi- ties, and in conjunction with documenta- tion of no net loss of ecological functions as documented in appropriate technical studies: i. Beach or aquatic substrate re- plenishment in conjunction with an approved ecological restoration ac- tivity; ii. Replenishing sand on public and private community beaches; iii. Alteration, maintenance and/or repair of existing transportation facili- ties and utilities currently located within shoreline jurisdiction, when al- ternatives or less impacting ap- proaches are not feasible; iv. Construction of facilities for pub- lic water-dependent uses or public access; when alternatives or less im- pacting approaches are not feasible; and provided, that filling and/or exca- vation are limited to the minimum needed to accommodate the facility; v. Activities incidental to the con- struction or repair of approved shore- line protection facilities, or the repair of existing shoreline protection facili- ties; vi. Approved flood control projects; vii. In conjunction with a stream restoration program including vege- tation restoration; and viii. Activities that are part of a re- medial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, the Comprehensive Environmental Re- sponse, Compensation, and Liability Act (CERCLA), or otherwise autho- rized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction, after review of the proposed fill for compli- ance with the policies and standards of the Shoreline Master Program. c. Review Standards: All landfills and ex- cavations shall be evaluated in terms of all of the following standards: i. The overall value to the public of the results of the fill or excavation site as opposed to the value of the shore- line in its existing state as well as evaluation of alternatives to fill that would achieve some or all of the ob- jectives of the proposal. ii. Effects on ecological functions including, but not limited to, functions of the substrate of streams and lakes and effects on aquatic organisms, in- cluding the food chain, effects on vegetation functions, effects on local currents and erosion and deposition patterns, effects on surface and sub- surface drainage, and effects on flood waters. iii. Whether shoreline stabilization will be necessary to protect materials placed or removed and whether such stabilization meets the policies and standards of the Shoreline Master Program. iv. Whether the landfill or excava- tion will adversely alter the normal flow of flood water, including obstruc- tions of flood overflow channels or swales, after taking into account any compensating flood storage provided by the proposal. v. Whether public or tribal rights to the use and enjoyment of the shore- line and its resources and amenities are impaired. 4-3-090F 3 - 40.49 (Revised 12/11) d. Performance Standards: Perfor- mance standards for fill and excavation include: i. Disturbed areas shall be immedi- ately stabilized and revegetated to avoid or minimize erosion and sedi- mentation impacts, both during initial work and over time. Natural and self- sustaining control methods are pre- ferred over structures. ii. Landfills and excavation shall be designed to blend physically and vi- sually with existing topography. e. Shoreline Conditional Use Re- quired: All fill and excavation waterward of the OHWM not associated with ecolog- ical restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. 3. Dredging: a. General: Dredging and dredge ma- terial disposal, when permitted, shall be done in a manner which avoids or mini- mizes significant ecological impacts. Im- pacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. b. Dredging Limited: Dredging is per- mitted only in cases where the proposal, including any necessary mitigation, will result in no net loss of shoreline ecologi- cal functions and is limited to the follow- ing: i. Establishing, expanding, relocat- ing or reconfiguring navigation chan- nels and basins where necessary to assure safe and efficient accommo- dation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previ- ously dredged and/or existing autho- rized location, depth, and width. ii. For flood control purposes, when part of a publicly adopted flood con- trol plan. iii. For restoration or enhancement of shoreline ecological functions ben- efiting water quality and/or fish and wildlife habitat and approved by ap- plicable local, State and Federal agencies. iv. For development of approved water-dependent uses provided there are no feasible alternatives. v. Dredging may be permitted where necessary for the develop- ment and maintenance of public shoreline parks and of private shore- lines to which the public is provided access. Dredging may be permitted where additional public access is provided. vi. Maintenance dredging for ac- cess to existing legally established boat moorage slips including public and commercial moorage and moor- age accessory to single family resi- dences; provided, that dredging shall be limited to maintaining the previ- ously dredged and/or existing autho- rized location, depth, and width. Dredging shall be disallowed to maintain depths of existing private moorage where it results in a net loss of ecological functions. vii. Minor trenching to allow the in- stallation of necessary underground pipes or cables if no alternative, in- cluding boring, is feasible, and: (a) Impacts to fish and wildlife habitat are avoided to the maxi- mum extent possible. (b) The utility installation shall not increase or decrease the nat- ural rate, extent, or opportunity of channel migration. (c) Appropriate best manage- ment practices are employed to prevent water quality impacts or other environmental degrada- tion. viii. Dredging is performed pursu- ant to a remedial action plan ap- 4-3-090F (Revised 12/11)3 - 40.50 proved under authority of the Model Toxics Control Act, the Comprehen- sive Environmental Response, Com- pensation, and Liability Act (CERCLA), or pursuant to other au- thorization by the Department of Ecology, U.S. Army Corps of Engi- neers, or other agency with jurisdic- tion, after review of the proposed materials for compliance with the pol- icies and standards of the Shoreline Master Program. ix. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. c. Dredging Prohibited: Dredging shall be prohibited in the following cases: i. Dredging shall not be performed within the deltas of the Cedar River and May Creek except for purposes of ecological restoration, for public flood control projects, for water-de- pendent public facilities, or for limited maintenance dredging in conform- ance with this Section. ii. Dredging is prohibited solely for the purpose of obtaining fill or con- struction material. Dredging which is not directly related to those purposes permitted in subsection F3b of this Section is prohibited. iii. Dredging for new moorage is prohibited. iv. Dredging may not be performed to maintain facilities established for water-dependent uses in cases where the primary use is discontin- ued unless the facility meets all stan- dards for a new water-dependent use. v. Dredging of public aquatic lands is prohibited unless approval is granted from the Washington State Department of Natural Resources. d. Review Criteria: i. New development, including the development of associate piers and docks, should be sited and designed to avoid or, if that is not possible, to minimize the need for new and main- tenance dredging. Where alterna- tives such as the utilization of shallow access to mooring buoys is feasible, such measures shall be used. ii. All proposed dredging operations shall be designed by an appropriate State-licensed professional engineer. A stamped engineering report and an assessment of potential impacts on ecological functions shall be pre- pared by qualified consultants and shall be submitted to the Renton Planning Division as part of the appli- cation for a shoreline permit. iii. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. iv. The responsibility rests solely with the applicant to demonstrate that: (a) There will be no net loss of ecological functions including but not limited to adverse effect on aquatic species including fish migration. (b) There will be no adverse impact on recreational areas or public recreation enjoyment of the water. v. Adjacent Bank Protection: (a) When dredging bottom ma- terial of a body of water, the banks shall not be disturbed un- less absolutely necessary. The responsibility rests with the appli- cant to propose and carry out practices to protect the banks. (b) If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the 4-3-090F 3 - 40.51 (Revised 12/11) responsibility rests with the appli- cant to propose and carry out a method of restoration of the dis- turbed area to a condition mini- mizing erosion and siltation. vi. Avoidance of Adverse Effects: The responsibility rests with the ap- plicant to demonstrate the proposed dredging will avoid conditions that may adversely affect adjacent prop- erties including: (a) Creating a nuisance to the public or nearby activity. (b) Damaging property in or near the area. (c) Causing substantial ad- verse effect to plant, animal, aquatic or human life in or near the area. (d) Endangering public safety in or near the area. vii. The applicant shall demonstrate control of contamination and pollu- tion to water, air, and ground through specific operation and mitigation plans. viii. Disposal of Dredge Material: The applicant shall demonstrate that the disposal of dredged material will not result in net loss of ecological functions or adverse impacts to prop- erties adjacent to the disposal site. (a) The applicant shall provide plans for the location and method of disposing of all dredged material. (b) Dredged material shall not be deposited in a lake, stream, or marine water except if approved as habitat enhancement or other beneficial environmental mitiga- tion as part of ecological restora- tion, a contamination remediation project approved by appropriate State and/or Federal agencies, or is approved in ac- cordance with the Puget Sound Dredged Disposal Analysis eval- uation procedures for managing in-water-disposal of dredged ma- terial by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Wa- ter Act) permits, and Washington State Department of Fish and Wildlife hydraulic project ap- proval. (c) In no instance shall dredged material be stockpiled in a shore- land area that would result in the clearing of native vegetation. Temporary stockpiling of dredged material is limited to one hundred eighty (180) days. (d) If the dredged material is contaminant or pollutant in na- ture, the applicant shall propose and carry out a method of dis- posal that complies with all regu- latory requirements. (e) Permanent land disposal shall demonstrate that: (1) Shoreline ecological func- tions will be preserved, including protection of surface water and groundwater. (2) Erosion, sedimentation, flood waters or runoff will not in- crease adverse impacts to shoreline ecological functions or property. (3) Sites will be adequately screened from view of local resi- dents or passersby on public rights-of-way. (4) The site is not located within a channel migration zone. e. Shoreline Conditional Use Re- quired: Dredging shall require a shore- line conditional use unless associated with existing water-dependent uses, hab- itat enhancement, a remedial action plan approved under the authority of the Com- 4-3-090F (Revised 12/11)3 - 40.52 prehensive Environmental Response, Compensation, and Liability Act (CER- CLA) or the Model Toxics Control Act, or public recreation facilities or uses. 4. Shoreline Stabilization: a. General Criteria for New or Ex- panded Shoreline Stabilization Struc- tures: i. Avoidance of Need for Stabiliza- tion: The need for future shoreline stabilization should be avoided to the extent feasible for new development. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. ii. Significant Impact to Other Prop- erties Prohibited: The need for shoreline stabilization shall be con- sidered in the determination of whether to approve new water-de- pendent uses. Development of new water-dependent uses that would re- quire shoreline stabilization which causes significant impacts to adja- cent or down-current properties and shoreline areas should not be al- lowed. iii. Shoreline Stabilization Alterna- tives Hierarchy: Structural shoreline stabilization measures should be used only when more natural, flexi- ble, nonstructural methods such as vegetative stabilization, beach nour- ishment and bioengineering have been determined infeasible. Alterna- tives for shoreline stabilization should be based on the following hi- erarchy of preference: (a) No action (allow the shore- line to retreat naturally), increase building setbacks, and relocate structures. (b) Flexible defense works con- structed of natural materials in- cluding measures such as soft shore protection, bioengineer- ing, including beach nourish- ment, protective berms, or vegetative stabilization. (c) Flexible defense works, as described above, with rigid works, as described below, con- structed as a protective measure at the buffer line. (d) A combination of rigid works, as described below, and flexible defense works, as de- scribed above. (e) Rigid works constructed of artificial materials such as riprap or concrete. iv. Limited New Shoreline Stabiliza- tion Allowed: New structural stabili- zation measures shall not be allowed except when necessity is demon- strated in one of the following situa- tions: (a) To protect existing primary structures: (1) New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is con- clusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by cur- rents, or waves within three (3) years, or where waiting until the need is immediate would prevent the opportunity to use measures that avoid impacts on ecological functions. Normal sloughing, erosion of steep bluffs, or shore- line erosion itself, without a sci- entific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shore- line edge before considering structural shoreline stabilization if on-site drainage is a cause of 4-3-090F 3 - 40.53 (Revised 12/11) shoreline instability at the site in question. (2) The shoreline stabilization is evaluated by the hierarchy in subsection F4aiii of this Section. (3) The shoreline stabilization structure will not result in a net loss of shoreline ecological func- tions. (4) Measures to reduce shore- line erosion in a channel migra- tion zone (CMZ) require a geomorphic assessment by a Washington-licensed geologist with engineering geology or hy- drogeology specialty license plus experience in conducting fluvial geomorphic assessments. Erosion control measures are only allowed if it is demonstrated that: the erosion rate exceeds that which would normally occur in a natural condition; the mea- sure does not interfere with flu- vial hydrological and geomorphologic processes nor- mally acting in natural condi- tions; and the measure includes appropriate mitigation of impacts to ecological functions associ- ated with the stream. (b) New Development: In sup- port of new development when all six (6) of the conditions listed below apply and are docu- mented by a geotechnical analy- sis: (1) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. (2) Nonstructural measures, such as placing the development further from the shoreline, plant- ing vegetation, or installing on- site drainage improvements, are not feasible or not sufficient. (3) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The dam- age must be caused by natural processes, such as currents and waves. (4) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. (5) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (6) The proposed new devel- opment is not located in a chan- nel migration zone (CMZ). (c) Restoration and Remedia- tion Projects: To protect projects for the restoration of ecological functions or hazardous sub- stance remediation projects pur- suant to chapter 70.105D RCW when both of the conditions be- low apply and are documented by a geotechnical analysis: (1) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (2) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. (d) Protect Navigability: To pro- tect the navigability of a desig- nated harbor area when necessity is demonstrated in the following manner by a geotechni- cal report: (1) Nonstructural measures, planting vegetation, or installing 4-3-090F (Revised 12/11)3 - 40.54 on-site drainage improvements, are not feasible or not sufficient. (2) The shoreline stabilization structure together with any com- pensatory mitigation proposed by the applicant and/or required by regulatory agencies is not ex- pected to result in a net loss of shoreline ecological functions. (3) The shoreline stabilization structure is evaluated by the hi- erarchy in subsection F4aiii of this Section. v. Content of Geotechnical Report: Geotechnical analysis pursuant to this Section that addresses the need to prevent potential damage to a pri- mary structure shall address the ne- cessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical analysis shall eval- uate the need and effectiveness of both hard and soft armoring solutions in preventing potential damage to a primary structure. Consideration should be given to permit require- ments of other agencies with jurisdic- tion. vi. Stream Bank Protection Re- quired: New or expanded shoreline stabilization on streams should as- sure that such structures do not un- duly interfere with natural stream processes. The Administrator of the Department of Community and Eco- nomic Development or designee shall review the proposed design for consistency with State guidelines for stream bank protection as it relates to local physical conditions and meet all applicable criteria of the Shoreline Master Program, subject to the fol- lowing: (a) A geotechnical analysis of stream geomorphology both up- stream and downstream shall be performed to assess the physical character and hydraulic energy potential of the specific stream reach and adjacent reaches up- stream or down, and assure that the physical integrity of the stream corridor is maintained, that stream processes are not adversely affected, and that the revetment will not cause signifi- cant damage to other properties or valuable shoreline resources. (b) Revetments or similar hard structures are prohibited on point and channel bars, and in salmon and trout spawning areas, ex- cept for the purpose of fish or wildlife habitat enhancement or restoration. (c) Revetments or similar hard structures shall be placed land- ward of associated wetlands un- less it can be demonstrated that placement waterward of such features would not adversely af- fect ecological functions. (d) Revetments or similar structures shall not be developed on the inside bend of channel banks in a stream except to pro- tect public works, railways and existing structures. (e) Revetments shall be de- signed in accordance with WDFW stream bank protection guidelines. (f) Groins, weirs and other in- water structures may be autho- rized only by Shoreline Condi- tional Use Permit, except for those structures installed to pro- tect or restore ecological func- tions, such as woody debris installed in streams. A geotech- nical analysis of stream geomor- phology both upstream and downstream shall document that alternatives to in-water struc- tures are not feasible. Documen- tation shall establish impacts on ecological functions that must be mitigated to achieve no net loss. 4-3-090F 3 - 40.55 (Revised 12/11) b. Design Criteria for New or Ex- panded Shoreline Stabilization Struc- tures: When any structural shoreline stabilization measures are demonstrated to be necessary, the following design cri- teria shall apply: i. Professional Design Required: Shoreline stabilization measures shall be designed by a qualified pro- fessional. Certification by the design professional may be required to en- sure that installation meets all design parameters. ii. General Requirements: The size of stabilization measures shall be limited to the minimum necessary. Use measures shall be designed to assure no net loss of shoreline eco- logical functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and busi- nesses or to meet resource agency permitting conditions. iii. Restriction of Public Access Pro- hibited: Publicly financed or subsi- dized shoreline erosion control measures shall be ensured to not re- strict appropriate public access to the shoreline except where such access is determined to be infeasible be- cause of incompatible uses, safety, security, or harm to ecological func- tions. See public access provisions; WAC 173-26-221(4). Where feasible, ecological restoration and public ac- cess improvements shall be incorpo- rated into the project. iv. Restriction of Navigation Prohib- ited: Shoreline stabilization should not be permitted to unnecessarily in- terfere with public access to public shorelines, nor with other appropri- ate shoreline uses including, but not limited to, navigation, public or pri- vate recreation and Indian treaty rights. v. Aesthetic Qualities to Be Main- tained: Where possible, shoreline stabilization measures shall be de- signed so as not to detract from the aesthetic qualities of the shoreline. vi. Public Access to Be Incorpo- rated: Required restoration and/or public access should be incorporated into the location, design and mainte- nance of shoreline stabilization struc- tures for public or quasi-public developments whenever safely com- patible with the primary purpose. Shore stabilization on publicly owned shorelines should not be allowed to decrease long-term public use of the shoreline. c. Existing Shoreline Stabilization Structures: Existing shoreline stabiliza- tion structures not in compliance with this Code may be retained, repaired, or re- placed if they meet the applicable criteria below: i. Repair of Existing Structures: An existing shoreline stabilization struc- ture may be repaired as long as it serves to perform a shoreline stabili- zation function for a legally estab- lished land use, but shall be subject to the provisions below if the land use for which the shoreline stabilization structure was constructed is aban- doned per RMC 4-10-060, Noncon- forming Uses, or changed to a new use. ii. Additions to Existing Structures: Additions to or increases in size of existing shoreline stabilization mea- sures shall be considered new struc- tures. iii. Changes in Land Use: An exist- ing shoreline stabilization structure established to serve a use that has been abandoned per RMC 4-10-060, Nonconforming Uses, discontinued, or changed to a new use may be re- tained or replaced with a similar structure if: (a) There is a demonstrated need documented by a geotech- nical analysis to protect principal uses or structures from erosion 4-3-090F (Revised 12/11)3 - 40.56 caused by currents or waves; and (b) An evaluation of the exist- ing shoreline stabilization struc- ture in relation to the hierarchy of shoreline stabilization alterna- tives established in subsection F4aiii of this Section shows that a more preferred level of shore- line stabilization is infeasible. In the case of an existing shoreline stabilization structure composed of rigid materials, if alternatives (a) through (c) of the hierarchy in subsection F4aiii of this Section would be infeasible then the ex- isting shoreline stabilization structures could be retained or replaced with a similar structure. iv. Waterward Replacement Pro- hibited for Structures Protecting Res- idences: Replacement walls or bulkheads, if allowed, shall not en- croach waterward of the ordinary high-water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmen- tal concerns. In such cases, the re- placement structure shall abut the existing shoreline stabilization struc- ture. v. Restoration and Maintenance of Soft Shorelines Allowed: Soft shore- line stabilization measures that pro- vide restoration of shoreline ecological functions may be permit- ted waterward of the ordinary high- water mark. Replenishment of sub- strate materials to maintain the spec- ifications of the permitted design may be allowed as maintenance. vi. No Net Loss: Where a net loss of ecological functions associated with critical habitats would occur by leav- ing an existing structure that is being replaced, the structure shall be re- moved as part of the replacement measure. 5. Flood Control: a. Permitted Flood Control Projects: Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: i. They are necessary to protect health, safety and/or existing devel- opment; ii. Nonstructural flood hazard re- duction measures are infeasible; and iii. Measures are consistent with an adopted comprehensive flood haz- ard management plan that evaluates cumulative impacts to the watershed system. b. Prohibited Flood Control Projects: New or expanding development or uses in the shoreline, including subdivision of land, that would likely require new struc- tural flood control works within a stream, channel migration zone, or floodway shall not be allowed. c. Long-Term Compatibility: New or expanded flood control works and in- stream structures should be planned and designed to be compatible with appropri- ate multiple uses of stream resources over the long term, especially in shore- lines of Statewide significance. d. Criteria for Allowing Flood Control Projects: New flood control works should only be allowed in the shoreline if they are necessary to protect existing de- velopment and where nonstructural flood hazard reduction measures are infeasi- ble. e. Native Vegetation: Flood control works should incorporate native vegeta- tion to the extent feasible to enhance ecological functions, create a more natu- ral appearance, improve ecological func- tions, and provide more flexibility for long-term shoreline management. f. Consideration of Alternatives: To minimize flood damages and to maintain natural resources associated with streams, overflow corridors and other al- 4-3-100A 3 - 41 (Revised 3/13) ternatives to traditional bank levees, re- vetments and/or dams shall be considered. Setback levees and similar measures should be employed where they will result in lower flood peaks and velocities, and more effective conserva- tion of resources than with high bank levees. On Cedar River Reach D, setting back existing levees to provide for en- hanced natural stream processes may be pursued when adequate provisions are made for protecting existing public and private uses. g. Public Access Required: Flood control works shall provide access to public shorelines whenever possible, un- less it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigatable ecological impacts, un- avoidable conflicts with proposed uses, or unreasonable cost. At a minimum, flood control works should not decrease public access or use potential of shore- lines. 6. Stream Alteration: a. Definition of Stream Alteration: Stream alteration is the relocation or change in the flow of a river, stream or creek. b. Alterations to Be Minimized: Stream alteration shall be minimized, and when allowed should change natural stream processes as little as possible. c. Allowed if No Feasible Alternative: Unless otherwise prohibited by subsec- tion E10 of this Section, Transportation, and subsection E11 of this Section, Utili- ties, stream alteration may be allowed for transportation and utility crossings and in-stream structures only where there is no feasible alternative. d. Allowed for Flood Hazard Reduc- tion: Stream alteration may be permitted if it is part of a public flood hazard reduc- tion program or a habitat enhancement project approved by appropriate State and/or Federal agencies. e. Prohibited Alterations: Stream al- teration solely for the purpose of enlarg- ing the developable portion of a parcel of land or increasing the economic potential of a parcel of land is prohibited. f. Detriment to Adjacent Parcels Pro- hibited: Stream alteration is prohibited if it would be significantly detrimental to ad- jacent parcels. g. Applicant’s Responsibility: The applicant has the sole responsibility to demonstrate the necessity of the pro- posal and compliance with the criteria of the Shoreline Master Program. h. Professional Design Required: All proposed stream alterations shall be de- signed by an appropriately State-licensed professional engineer. The design shall be submitted with a supplemental lake/ stream study to the Planning Division as part of the application. i. Impacts to Aquatic Life to Be Mini- mized: The design, timing and the meth- ods employed will have minimal adverse effects on aquatic life, including minimiz- ing erosion, sedimentation and other pol- lution during and after construction. j. Flow Levels to Be Maintained: The project must be designed so that the low flow is maintained and fish escapement is provided for. k. Conditional Use Required in a Channel Migration Zone (CMZ): Stream alterations within a channel migration zone require a Shoreline Conditional Use Permit. (Ord. 5633, 10-24-2011) 4-3-095 (Deleted by Ord. 5286, 5-14-2007) 4-3-100 URBAN DESIGN REGULATIONS: A. PURPOSE: 1. These urban design regulations are es- tablished in accordance with and to imple- 4-3-100B (Revised 3/13)3 - 42 ment policies established in the Land Use and Community Design Elements of the Renton Comprehensive Plan. These stan- dards are divided into seven areas: a. Site design and building location; b. Parking and vehicular access; c. Pedestrian environment; d. Recreation Areas and Common Open Space; e. Building Architectural Design; f. Signage; g. Lighting. 2. This Section lists elements that are re- quired to be included in all development in the zones stated in subsection B1 of this Section. Each element includes an intent statement, guidelines, and standards. In order to provide predictability, standards are provided. These standards specify a prescriptive manner in which the requirement can be met. In order to provide flexibility, guidelines are also stated for each element. The guidelines and the in- tent statement provide direction for those who seek to meet the required element in a man- ner that is different from the standards. a. The determination as to the satisfac- tion of the requirement through the use of the guidelines and the intent statement is to be made by the Community and Eco- nomic Development Administrator. b. When the Administrator has deter- mined that the proposed manner of meet- ing the design requirement through the guidelines and intent is sufficient, the ap- plicant shall not be required to demon- strate sufficiency to the standard associated with the guideline that has been approved. (Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5531, 3-8-2010; Ord. 5572, 11-15-2010; Ord. 5676, 12-3-2012) B. APPLICABILITY AND CONFLICTS: 1. Applicability: a. The following development activities shall be required to comply with the pro- visions of this Section: i. All subdivisions including short plats; ii. All new structures; iii. Conversion of vacant land (e.g., to parking or storage lots); iv. Conversion of a residential use to a nonresidential use; v. Alterations, enlargements, and/ or restorations of nonconforming structures pursuant to RMC 4-10-050. b. Any of the activities listed in subsec- tion B1a of this Section and occurring in the following overlay areas or zones shall be required to comply with the provisions of this section: i. District ‘A’: All parts of the City zoned Center Downtown (CD) or Residential Multi-Family Urban (RM-U). ii. District ‘B’: All parts of the City zoned Residential Multi-Family Tra- ditional (RM-T) or Residential Multi- Family (RM-F). iii. District ‘C’: All parts of the City zoned Urban Center North 1 (UC-N1), Urban Center North 2 (UC-N2), or Commercial Office Resi- dential (COR). iv. District ‘D’: All parts of the City zoned Center Village (CV) or Com- mercial Arterial (CA) except for those areas included in the Automall Dis- trict, see RMC 4-3-040, as it exists or may be amended. (Ord. 5572, 11-15-2010; Ord. 5675, 12-3-2012) 2. Conflicts: Where there are conflicts be- tween the design requirements in subsection 4-3-100E 3 - 43 (Revised 3/13) E of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. (Amd. Ord. 4991, 12-9-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5286, 5-14-2007; Ord. 5331, 12-10-2007; Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5437, 12-8-2008; Ord. 5518, 12-14-2009; Ord. 5531, 3-8-2010; Ord. 5649, 12-12-2011) C. EXEMPTIONS: The design regulations shall not apply to: 1. Interior Remodels: Interior remodels of existing buildings or structures provided the alterations do not modify the building facade. 2. Aircraft Manufacturing: Structures re- lated to the existing use of aircraft manufac- turing in District ‘C.’ (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007) D. ADMINISTRATION: 1. Review Process: Applications subject to design regulations shall be processed as a component of the governing land use pro- cess. 2. Authority: The Community and Eco- nomic Development Administrator shall have the authority to approve, approve with condi- tions, or deny proposals based upon the pro- visions of the design regulations when no other permit or approval requires Hearing Ex- aminer review. Proposals will be considered on the basis of individual merit, the overall in- tent of the minimum standards and guide- lines, and creative design alternatives will be encouraged in order to achieve the purposes of the design regulations. (Amd. Ord. 4991, 12-9-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5676, 12-3-2012) E. REQUIREMENTS: 1. Site Design and Building Location: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be real- ized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity. 4-3-100E (Revised 3/13)3 - 44/46 BUILDING LOCATION AND ORIENTATION Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses; and increase privacy for residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Standards: Districts A, B, and D All of the following are required: 1. The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. 2. Buildings shall be oriented to the street with clear connections to the sidewalk. 3. The front entry of a building shall be oriented to the street or a landscaped pedestrian-only courtyard. 4. Buildings with residential uses located at the street level shall be: a. Set back from the sidewalk a minimum of ten feet (10') and feature substantial landscaping between the sidewalk and the building (illustration below); or b. Have the ground floor residential uses raised above street level for residents’ privacy. 4-3-100E 3 - 47 (Revised 4/11) District C All of the following are required: 1. The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. 2. Commercial mixed-use buildings shall contain pedestrian-oriented uses, feature “pedestrian-oriented facades,” and have clear connections to the sidewalk (illustration below). 3. Office buildings shall have pedestrian-oriented facades. In limited circumstances the Department may allow facades that do not feature a pedestrian orientation; if so, substantial landscaping between the sidewalk and building shall be provided. Such landscaping shall be at least ten feet (10') in width as measured from the sidewalk (illustration below). 4-3-100E (Revised 4/11)3 - 48 4. Residential and mixed-use buildings containing street-level residential uses and single-purpose residential buildings shall be: a. Set back from the sidewalk a minimum of ten feet (10') and feature substantial landscaping between the sidewalk and the building (illustration below); or b. Have the ground floor residential uses raised above street level for residents’ privacy. 4-3-100E 3 - 49 (Revised 4/11) BUILDING ENTRIES Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. Standards: All Districts All of the following are required: 1. The primary entrance of each building shall be: a. Located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements; and b. Made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). 4-3-100E (Revised 4/11)3 - 50 2. Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four and one-half feet (4-1/2') wide (illustration below). Buildings that are taller than thirty feet (30') in height shall also ensure that the weather protection is proportional to the distance above ground level. 3. Building entries from a parking lot shall be subordinate to those related to the street. 4. Features such as entries, lobbies, and display windows shall be oriented to a street or pedestrian-oriented space; otherwise, screening or decorative features should be incorporated. 5. Multiple buildings on the same site shall direct views to building entries by providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. 6. Ground floor residential units that are directly accessible from the street shall include: a. Entries from front yards to provide transition space from the street; or b. Entries from an open space such as a courtyard or garden that is accessible from the street. 4-3-100E 3 - 51 (Revised 3/13) TRANSITION TO SURROUNDING DEVELOPMENT Intent: To shape redevelopment projects so that the character and value of Renton’s long-established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Standards: Districts A, B, and D At least one of the following design elements shall be used to promote a transition to surrounding uses: 1. Building proportions, including step-backs on upper levels in accordance with the surrounding planned and existing land use forms; or 2. Building articulation to divide a larger architectural element into smaller increments; or 3. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. District C Both of the following are required: 1. For properties along North 6th Street and Logan Avenue North (between North 4th Street and North 6th Street), applicants shall demonstrate how their project provides an appropriate transition to the long-established, existing residential neighborhood south of North 6th Street known as the North Renton Neighborhood. 2. For properties located south of North 8th Street, east of Garden Avenue North, applicants must demonstrate how their project appropriately provides transitions to existing industrial uses. 4-3-100E (Revised 3/13)3 - 52 SERVICE ELEMENT LOCATION AND DESIGN Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from pedestrian areas, and screening them from view in high visibility areas. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Standards: All Districts All of the following are required: 1. Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent and/or abutting uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. 2. In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, include a roof and be screened around their perimeter by a wall or fence and have self-closing doors (illustration below). 3. Service enclosures shall be made of masonry, ornamental metal or wood, or some combination of the three (3). 4. If the service area is adjacent to a street, pathway, or pedestrian-oriented space, a landscaped planting strip, minimum three feet (3') wide, shall be located on three (3) sides of such facility. 4-3-100E 3 - 53 (Revised 3/13) GATEWAYS Intent: To distinguish gateways as primary entrances to districts or to the City, special design features and architectural elements at gateways should be provided. While gateways should be distinctive within the context of the district, they should also be compatible with the district in form and scale. Guidelines: Development that occurs at gateways shall be distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features include monuments, public art, and public plazas. Standards: Districts C and D All of the following are required: 1. Developments located at district gateways shall be marked with visually prominent features (illustration below). 4-3-100E (Revised 3/13)3 - 54 (Ord. 5676, 12-3-2012) 2. Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (illustration below). 3. Visual prominence shall be distinguished by two (2) or more of the following: a. Public art; b. Special landscape treatment; c. Open space/plaza; d. Landmark building form; e. Special paving, unique pedestrian scale lighting, or bollards; f. Prominent architectural features (trellis, arbor, pergola, or gazebo); g. Neighborhood or district entry identification (commercial signs do not qualify). 4-3-100E 3 - 55 (Revised 3/13) 2. Parking and Vehicular Access: Intent: To provide safe, convenient access; incorporate various modes of transportation, including public transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedes- trian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. SURFACE PARKING Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standards: Districts A, B, and D Both of the following are required: 1. Parking shall be located so that no surface parking is located between: a. A building and the front property line; and/or b. A building and the side property line (when on a corner lot). 2. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. District C All of the following are required: 1. Parking shall be at the side and/or rear of a building and may not occur between the building and the street. However, if due to the constraints of the site, parking cannot be provided at the side or rear of the building, the Administrator may allow parking to occur between the building and the street. If parking is allowed to occur between the building and the street, no more than sixty feet (60') of the street frontage measured parallel to the curb shall be occupied by off-street parking and vehicular access. 2. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. 3. Surface parking lots shall be designed to facilitate future structured parking and/or other infill development. For example, provision of a parking lot with a minimum dimension on one side of two hundred feet (200') and one thousand five hundred feet (1,500') maximum perimeter area. Exception: If there are size constraints inherent in the original parcel. 4-3-100E (Revised 3/13)3 - 56 STRUCTURED PARKING GARAGES Intent: To promote more efficient use of land needed for vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscape; they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(s) should be used to enhance garages. Standards: All Districts All of the following are required: 1. Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width (illustration below). 2. The entire public facing facade shall be pedestrian-oriented. The Administrator may approve parking structures that do not feature a pedestrian orientation in limited circumstances. If allowed, the structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. 4-3-100E 3 - 57 (Revised 3/13) 3. Public facing facades shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (illustration below). 4. The entry to the parking garage shall be located away from the primary street, to either the side or rear of the building. 5. Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. 6. The Administrator may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: a. Ornamental grillwork (other than vertical bars); b. Decorative artwork; c. Display windows; d. Brick, tile, or stone; e. Pre-cast decorative panels; f. Vine-covered trellis; g. Raised landscaping beds with decorative materials; or h. Other treatments that meet the intent of this standard. 4-3-100E (Revised 3/13)3 - 58 (Ord. 5676, 12-3-2012) 3. Pedestrian Environment: Intent: To enhance the urban character of development by creating pedestrian networks and by provid- ing strong links from streets and drives to building entrances; make the pedestrian environment safe, convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. VEHICULAR ACCESS Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. Standards: Districts A, B, and D The following is required: 1. Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. 2. The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. District C Both of the following are required: 1. Parking garages shall be accessed at the rear of buildings. 2. Parking lot entrances, driveways, and other vehicular access points shall be restricted to one entrance and exit lane per five hundred (500) linear feet as measured horizontally along the street. PEDESTRIAN CIRCULATION Intent: To create a network of linkages for pedestrians, that is safe and convenient, enhances the pedestrian environment, and provides a way for pedestrians to walk from one location to another without having to drive their vehicle. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standards: Districts A, C, and D All of the following are required: 1. A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. a. Pathways shall be located so that there are clear sight lines, to increase safety. b. Pathways shall be an all-weather or permeable walking surface, unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. 4-3-100E 3 - 59 (Revised 4/11) 2. Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials (illustration below). Permeable materials are encouraged. The pathways shall be perpendicular to the applicable building facade and no greater than one hundred fifty feet (150') apart. 3. Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: a. Sidewalks and pathways along the facades of mixed use and retail buildings one hundred (100) or more feet in width (measured along the facade) shall provide sidewalks at least twelve feet (12') in width. The pathway shall include an eight- foot (8') minimum unobstructed walking surface. b. Interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5') and no greater than twelve feet (12'). 4. Mid-block connections between buildings shall be provided. 4-3-100E (Revised 4/11)3 - 60 PEDESTRIAN AMENITIES Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of year-round activities, under typical seasonal weather conditions. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Standards: District B All of the following are required: 1. Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. 2. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. a. Site furniture shall be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. b. Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. 4-3-100E 3 - 61 (Revised 3/13) 4. Recreation Areas and Common Open Space: Districts C and D All of the following are required: 1. Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. 2. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. a. Site furniture shall be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. b. Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. 3. Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4-1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. RECREATION AREAS AND COMMON OPEN SPACE Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians. 4-3-100E (Revised 3/13)3 - 62 Standards: Districts A, C, and D All of the following are required: 1. All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common open space and/or recreation areas. a. At minimum, fifty (50) square feet per unit shall be provided. b. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator. c. Open space or recreation areas shall be located to provide sun and light exposure to the area and located so that they are aggregated to provide usable area(s) for residents. d. At least one of the following shall be provided in each open space and/or recreation area (the Administrator may require more than one of the following elements for developments having more than one hundred (100) units): i. Courtyards, plazas, pea patches, or multi-purpose open spaces; ii. Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; iii. Pedestrian corridors dedicated to passive recreation and separate from the public street system; iv. Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or v. Children’s play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. e. The following shall not be counted toward the common open space or recreation area requirement: i. Required landscaping, driveways, parking, or other vehicular use areas. 4-3-100E 3 - 63 (Revised 3/13) ii. Required yard setback areas. Except for areas that are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (illustration below). iii. Private decks, balconies, and private ground floor open space. iv. Other required landscaping and sensitive area buffers without common access links, such as pedestrian trails. 2. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space. a. The pedestrian-oriented space shall be provided according to the following formula: 1% of the site area + 1% of the gross building area, at minimum. b. The pedestrian-oriented space shall include all of the following: i. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and ii. Paved walking surfaces of either concrete or approved unit paving; and iii. On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. c. The following areas shall not count as pedestrian-oriented space: i. The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian- oriented space if the Administrator determines such space meets the definition of pedestrian-oriented space. 4-3-100E (Revised 3/13)3 - 64 ii. Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. d. Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. 3. Open space substitution: see RMC 4-1-240. District B The following is required: All attached housing developments shall provide at least one hundred fifty (150) square feet of private usable space per unit. 1. At least one hundred (100) square feet of the private space shall abut each unit. 2. Private space may include porches, balconies, yards, and decks. All Districts All of the following are required: 1. Public plazas shall be provided at intersections identified in the Commercial Arterial Zone Public Plaza Locations Map and as listed below. 2. The plaza shall measure no less than one thousand (1,000) square feet with a minimum dimension of twenty feet (20') on one side abutting the sidewalk. 3. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. 4. Public plazas are to be provided at the following intersections: a. Benson Area: Benson Drive S./108th Avenue S.E. and S.E. 176th. b. Bronson Area: Intersections with Bronson Way North at: i. Factory Avenue N./Houser Way S.; ii. Garden Avenue N.; and iii. Park Avenue N. and N. First Street. c. Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. d. Northeast Fourth Area: Intersections with N.E. Fourth at: i. Duvall Avenue N.E.; ii. Monroe Avenue N.E.; and iii. Union Avenue N.E. e. Grady Area: Intersections with Grady Way at: i. Lind Avenue S.W.; ii. Rainier Avenue S.; iii. Shattuck Avenue S.; and iv. Talbot Road S. f. Puget Area: Intersection of S. Puget Drive and Benson Road S. g. Rainier Avenue Area: Intersections with Rainier Avenue S. at: i. Airport Way/Renton Avenue S.; ii. S. Second Street; iii. S. Third Street/S.W. Sunset Boulevard; iv. S. Fourth Street; and v. S. Seventh Street. 4-3-100E 3 - 65 (Revised 3/13) (Ord. 5591, 2-28-2011; Ord. 5676, 12-3-2012)) 5. Building Architectural Design: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate and to discourage franchise retail architecture. h. North Renton Area: Intersections with Park Avenue N. at: i. N. Fourth Street; and ii. N. Fifth Street. i. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: i. Duvall Avenue N.E.; and ii. Union Avenue N.E. BUILDING CHARACTER AND MASSING Intent: To ensure that buildings are not bland and so that they appear to be at a human scale, as well as to ensure that all sides of a building which can be seen by the public are visually interesting. Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standards: Districts A and D Both of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). 2. Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration in District B, below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. 4-3-100E (Revised 3/13)3 - 66 District B All of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than twenty feet (20'). 2. Modulations shall be a minimum of two feet (2') in depth and four feet (4') in width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. District C All of the following are required: 1. All building facades shall include measures to reduce the apparent scale of the building and add visual interest. Examples include modulation, articulation, defined entrances, and display windows (illustration below). 2. All buildings shall be articulated with one or more of the following: a. Defined entry features; b. Bay windows and/or balconies; 4-3-100E 3 - 67 (Revised 3/13) c. Roof line features; or d. Other features as approved by the Administrator. 3. Single purpose residential buildings shall feature building modulation as follows (illustration below): a. The maximum width (as measured horizontally along the building’s exterior) without building modulation shall be forty feet (40'). b. The minimum width of modulation shall be fifteen feet (15'). c. The minimum depth of modulation shall be greater than six feet (6'). 4. All buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (as illustrated in District B above); or provide an additional special design feature such as a clock tower, courtyard, fountain, or public gathering area. 4-3-100E (Revised 3/13)3 - 68 GROUND LEVEL DETAILS Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. Standards: All Districts All of the following are required: 1. Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade’s ground floor. 2. Any facade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 3. Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). 4. Display windows shall be designed for frequent change of merchandise, rather than permanent displays. 5. Where windows or storefronts occur, they must principally contain clear glazing. All of the following are prohibited: 1. Tinted and dark glass, highly reflective (mirror-type) glass and film. 2. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways. 4-3-100E 3 - 69 (Revised 4/11) a. A wall (including building facades and retaining walls) is considered a blank wall if: i. It is a ground floor wall or portion of a ground floor wall over six feet (6') in height, has a horizontal length greater than fifteen feet (15'), and does not include a window, door, building modulation or other architectural detailing; or ii. Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. b. If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following (illustration below): i. A planting bed at least five feet (5') in width abutting the blank wall that contains trees, shrubs, evergreen ground cover, or vines; ii. Trellis or other vine supports with evergreen climbing vines; iii. Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; iv. Artwork, such as bas-relief sculpture, mural, or similar; or v. Seating area with special paving and seasonal planting. 4-3-100E (Revised 4/11)3 - 70 BUILDING ROOF LINES Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standards: Districts A, C, and D The following is required: At least one of the following elements shall be used to create varied and interesting roof profiles (illustration below): 1. Extended parapets; 2. Feature elements projecting above parapets; 3. Projected cornices; 4. Pitched or sloped roofs. 5. Roof mounted mechanical equipment shall not be visible to pedestrians. 6. Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. 4-3-100E 3 - 71 (Revised 3/13) (Ord. 5676, 12-3-2012) 6. Signage: In addition to the City’s standard sign regulations, developments within Urban Design Dis- tricts C and D are also subject to the additional sign restrictions found in RMC 4-4-100G, urban design sign area regulations. Modifications to the standard requirements found in RMC 4-4-100G are possible for those proposals that can comply with the Design District criteria found in RMC 4-3-100F, Modification of Minimum Standards. For proposals unable to meet the modification criteria, a variance is required. BUILDING MATERIALS Intent: To ensure high standards of quality and effective maintenance over time and encourage the use of materials that reduce the visual bulk of large buildings, as well as to encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Standards: All Districts All of the following are required: 1. All sides of buildings visible from a street, pathway, parking area, or open space shall be finished with the same building materials, detailing, and color scheme. A different treatment may be used if the materials are of the same quality. 2. All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. 3. Materials, individually or in combination, shall have texture, pattern, and be detailed on all visible facades. 4. Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass and cast-in-place concrete. 5. If concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. 6. If concrete block walls are used, they shall be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. Districts A, C, and D The following is required: All buildings shall use material variations such as colors, brick or metal banding, patterns, or textural changes. 4-3-100F (Revised 3/13)3 - 72 7. Lighting: (Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010; Ord. 5572, 11-15-2010) F. MODIFICATION OF MINIMUM STANDARDS: The Administrator shall have the authority to modify the minimum standards of the design reg- ulations, subject to the provisions of RMC 4-9-250D, Modification Procedures, and the fol- lowing requirements: 1. The project as a whole meets the intent of the minimum standards and guidelines in subsections E1, E2, E3, E4, E5, E6, and E7 of the design regulations; 2. The requested modification meets the in- tent and guidelines of the applicable design standard; 3. The modification will not have a detri- mental effect on nearby properties and the City as a whole; 4. The deviation manifests high quality de- sign; and 5. The modification will enhance the pedestrian environment on the abutting and/or adjacent streets and/or pathways. (Ord. 5531, 3-8-2010; Ord. 5676, 12-3-2012) G. EXCEPTIONS FOR DISTRICTS ‘A’ AND ‘B’: Modifications to the requirements for the building location and orientation and building entry in sub- section E1 of this Section are limited to the follow- ing circumstances: 1. When the building is oriented to an inte- rior courtyard, and the courtyard has a prom- inent entry and walkway connecting directly to the public sidewalk; or 2. When a building includes an architectural feature that connects the building entry to the public sidewalk; or 3. In complexes with several buildings, when the building is oriented to an internal in- tegrated walkway system with prominent connections to the public sidewalk(s). (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) LIGHTING Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standards: Districts A, C, and D All of the following are required: 1. Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down- lighting and decorative street lighting. 2. Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. 3. Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian-scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075, Lighting, Exterior On-Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right-of-way lighting, etc.). 4-3-110C 3 - 73 (Revised 4/11) H. VARIANCE: (Reserved). (Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) I. APPEALS: For appeals of administrative decisions made pursuant to the design regulations, see RMC 4-8-110, Appeals. (Ord. 4821, 12-20-1999; Amd. Ord. 4971, 6-10-2002; Ord. 5029, 11-24-2003; Ord. 5124, 2-7-2005; Ord. 5286, 5-14-2007; Ord. 5531, 3-8-2010) 4-3-105 (Deleted by Ord. 4992, 12-9-2002) 4-3-110 URBAN SEPARATOR OVERLAY REGULATIONS: A. PURPOSE: The purpose of this Section is to implement the urban separators policies in the Community De- sign Element of the Comprehensive Plan and the King County Countywide Planning Policies. The intent is to provide physical and visual distinctions between Renton and adjacent communities, de- fine Renton’s boundaries and create contiguous open space corridors within and between urban communities, which provide environmental, vi- sual, recreational and wildlife benefits. Urban separators shall be permanent low-density lands that protect resources and environmentally sensi- tive areas. (Ord. 5132, 4-4-2005) B. APPLICABILITY: This Section shall apply to subdivisions and build- ing permits on lands within designated urban sep- arators as shown in the urban separators maps. (Ord. 5132, 4-4-2005) C. URBAN SEPARATORS MAPS: 1. May Valley Urban Separator: 4-3-110C (Revised 4/11)3 - 74 2. Talbot Urban Separator: (Ord. 5132, 4-4-2005) 4-3-110C 3 - 74.1 (Revised 12/11) 3. Soos Creek Urban Separator: (Ord. 5566, 10-25-2010) 4-3-110C (Revised 12/11)3 - 74.2 4. Lake Desire Urban Separator: (Ord. 5566, 10-25-2010) 4-3-110E 3 - 75 (Revised 3/13) D. ADMINISTRATION: 1. Review Process: Applications subject to urban separator regulations shall be pro- cessed as a component of the governing land use process. 2. Authority: The Community and Eco- nomic Development Administrator shall have the authority to approve with conditions or deny proposals based on the provisions of the Urban Separator Overlay regulations when no other permit or approval requires Hearing Examiner review. (Ord. 5132, 4-4- 2005; Ord. 5676, 12-3-2012) E. URBAN SEPARATOR OVERLAY REGULATIONS: 1. Contiguous Open Space Corridor Es- tablished: A designated contiguous open space corridor is established as shown on the Urban Separators Overlay Map in subsection C of this Section. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot: i. May Valley Urban Separator Overlay: Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Sep- arator Overlay shall require dedica- tion of fifty percent (50%) of the gross land area of the parcel or parcels as a non-revocable open space tract re- tained by the property owner, or ded- icated to a homeowners association or other suitable organization as de- termined by the Administrator. ii. Talbot Urban Separator Over- lay: Approval of a plat, and/or build- ing permit on an undeveloped legal lot in the Talbot Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of that portion of the parcel or parcels located within the Urban Separator as a non-revocable open space tract retained by the property owner, or dedicated to a homeown- ers association or other suitable or- ganization as determined by the Administrator. In order to satisfy the dedication requirement, some of the area to be dedicated may consist of land abutting the Urban Separator, as determined by the Community and Economic Development Admin- istrator, on a case-by-case basis. Acreage in tracts may include critical areas and/or critical area buffers. At a minimum, open space shall be con- nected to another contiguous open space parcel by a fifty foot (50') corri- dor. (Ord. 5578, 11-15-2010; Ord. 5676, 12-3-2012) b. Existing residences, existing acces- sory uses and structures, existing above ground utilities located in the tract at the time of designation and new small and medium utilities shall not count toward the fifty percent (50%) gross land area calculation for open space except for stormwater ponds designed with less than 3:1 engineered slopes and en- hanced per techniques and landscape requirements set forth in the publication the “Integrated Pond” King County Land and Water Resources Division. c. Approval of a building permit for an addition of three hundred (300) square feet for a primary use structure or five hundred (500) square feet for an acces- sory structure shall require recordation of a conservation easement, protective easement or tract and deed restriction on critical areas and critical area buffers lo- cated within the contiguous open space corridor pursuant to RMC 4-3-050E4, Na- tive Growth Protection Areas. d. Land dedicated as open space shall be located within the mapped contiguous open space corridor unless a modifica- tion is approved pursuant to subsection E6 of this Section. 3. Uses Allowed in Contiguous Open Space. a. Passive recreation with no develop- ment of active recreation facilities except within a municipal park. b. Natural surface pedestrian trails. 4-3-110E (Revised 3/13)3 - 76 c. Animal husbandry (small, medium and large); provided, that fencing is sub- ject to the conditions in subsection E3g of this Section. d. Existing residences and accessory uses and structures. e. Small and medium utilities and large underground utilities. f. Access Easements. i. Utilities easements and emer- gency service access roads may be located within contiguous open space corridors for the limited pur- pose of providing service to parcels platted after March 2005, for which there is no practical alternative way to provide service. Utilities and emer- gency service easements shall be developed with permeable surface treatment. ii. Private access easements for in- gress and egress may be located within contiguous open space in the limited instance where there is no al- ternative access to a pre-existing le- gal lot, but shall not serve lots platted after March 2005. g. Fencing or similar structures and/or hedges or similar landscape features on the property or easement boundary of properties abutting and within the contig- uous open space corridor shall not create a solid barrier. Where required to protect wetlands pursuant to RMC 4-3-050E4e, fencing shall be the minimum necessary. 4. Uses in Portions of the Urban Separa- tor Outside the Established Contiguous Open Space Corridor. a. Uses shall be consistent with RMC 4-2-060 and 4-2-070B. Residential-1 Zone, one dwelling unit per net acre. b. Development shall be clustered out- side the contiguous open space corridor mapped in subsection C of this Section. 5. Standards Within Entire Urban Sepa- rator. a. Forest/vegetation clearing shall be limited to a maximum of thirty five percent (35%) of the gross acreage of the site ex- cept: i. The percentage of forest/vegeta- tion coverage may be increased to qualify for the density bonus allowed in RMC 4-2-110D. ii. Modification of the percentage of forest/vegetation retention may be approved if determined necessary to meet the surface water retention/de- tention standards of subsection E5d of this Section. iii. Forest/vegetation clearing greater than thirty five percent (35%) of individual building sites may be ap- proved to allow grading for a home site; provided, that: (a) A landscape plan is pro- vided for each building site showing compensating replant- ing of species with the same or better water retention and ero- sion control functions; (b) Five percent (5%) addi- tional replacement landscaping per site is provided; (c) Plant caliper is sufficient to achieve needed water retention and erosion control functions; (d) Individual trees or stands of trees are retained when feasible. Feasibility is defined as locations and tree health sufficient to en- sure continued viability of the tree and safety of structures within the developed portion of the lot; and (e) The landscape plan pro- vides massing of plant material to create either a connection to required open space or is of suf- ficient size to create functional wildlife habitat. 4-3-120C 3 - 77 (Revised 3/13) b. If the existing cleared area of a site, as of March 21, 2005, is greater than thirty five percent (35%), approval of a plat shall require replanting of forest/veg- etative cover. c. Forest/vegetation cover may include a combination of Northwest native vege- tation including conifer, deciduous trees and shrubs sufficient to provide water re- tention and erosion control. If existing vegetation is found to be insufficient to meet forest/vegetation coverage stan- dards, additional plantings shall be re- quired. d. Stormwater management shall com- ply with the Surface Water Design Man- ual. (Ord. 5526, 2-1-2010) e. Private access easements and im- provements shall be established at the minimum standard needed to meet public safety requirements. f. Landscape plans required in RMC 4-4-070 shall include retention/replanting plans as applicable, consistent with stan- dards and plant lists in King County De- partment of Natural Resources and Parks Water and Land Resources Divi- sion Publication “Going Native.” (Ord. 5676, 12-3-2012) 6. Modification of Mapped Contiguous Open Space: Modification of the open space configuration may be approved where: a. Site specific data confirms that the adopted contiguous open space corridor map includes more than the required gross area for any parcel; or b. The applicant can demonstrate a configuration of contiguous open space that provides better or equal provision of the open space requirement. Modifica- tions to the contiguous open space corri- dor shall be remapped during the City’s annual RMC Title 4 review process. (Ord. 5132, 4-4-2005; Ord. 5676, 12-3-2012) 4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES: (Amd. Ord. 4963, 5-13-2002) A. ENFORCEMENT OFFICER: The Development Services Administrator or his or her designated representative shall be respon- sible for investigation of violation and citation of the violating parties. B. VIOLATION OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4856, 8-21-2000; Ord. 5159, 10-17-2005) C. TESTS: 1. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the De- partment Director may require tests as proof of compliance to be made at no expense to this jurisdiction. 2. Test methods shall be as specified by RMC 4-3-050, Critical Areas Regulations, or by other recognized and accepted test stan- dards. If there are no recognized or accepted test methods for the proposed alternate, the Department Director shall determine test pro- cedures. (Ord. 4856, 8-21-2000) 4 - i (Revised 3/14) Chapter 4 CITY-WIDE PROPERTY DEVELOPMENT STANDARDS CHAPTER GUIDE: Chapter 4-4 contains regulations and standards governing site development of property City-wide, such as parking, landscaping, fencing, and others. This Chapter does not contain procedural information. Related permit processes (e.g., additional animals permit, parking modification, routine vegetation management permit, grading, excavation and mining permits, etc.) are located in chapters 4-8 and 4-9 RMC. (Ord. 5369, 4-14-2008) This Chapter last amended by Ord. 5702, December 9, 2013. SECTION PAGE NUMBER NUMBER 4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS . . . . . . . . . . . . . . . . . . . .1 A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. Nuisance and Disturbance Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 E. Prohibited Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 F. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Animal Control Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Development Services Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 G. Number of Animals Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Lot Size Minimums and Maximum Number of Animals Generally Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Permit Required for More than Three (3) Dogs and/or Cats . . . . . . . . . . . . 2 H. Keeping Greater Number of Animals than Generally Permitted. . . . . . . . . . . . . 2 1. Permitted with an Additional Animals Permit (RMC 4-9-100). . . . . . . . . . . . 2 2. Minimum Lot Size Needed to Apply for an Additional Animals Permit for Extra Large Lot Domestic Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Home Occupations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 J. General Standards for Keeping Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Shelter Location and Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Barn and Stable Location and Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Confinement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Fencing Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. Health and Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Animal Waste and Food Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 K. Additional Standards for Kennels and Stables . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Shelter and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Food and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Criteria for Indoor Kennel Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Criteria for Outdoor Kennel Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 L. Additional Standards for Beekeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Maximum Number of Hives Generally Permitted . . . . . . . . . . . . . . . . . . . . . . 3 2. Minimum Lot Sizes for Beekeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Beekeeping Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 M. Review Criteria for Additional Animals Permits . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (Revised 3/14)4 - ii SECTION PAGE NUMBER NUMBER N. Review Criteria for Kennels and Stables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 O. Nonconforming Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-4-015 STANDARDS FOR HOME AGRICULTURE SALES AND AGRICULTURE SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Supervisions of Sales and Vehicles Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Use of Right-of-Way Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION (Reserved) . . . . . . . . . . . . . . 4 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL . . . . . . 4.1 A. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 B. Adoption by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 C. Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Haul Routes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Haul Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Permitted Work Hours in or Near Residential Areas . . . . . . . . . . . . . . . . . . . 5 a. Single Family Remodel or Single Family Addition Construction Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b. Commercial, Multi-Family, New Single Family and Other Nonresidential Construction Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Emergency Extensions to Permitted Work Hours . . . . . . . . . . . . . . . . . . . . . 5 5. Temporary Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Construction Debris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Construction Activity Standards – Aquifer Protection Area (APA) Zones 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 a. Designated Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 b. Secondary Containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 c. Securing Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 d. Removal of Leaking Vehicles and Equipment . . . . . . . . . . . . . . . . . . . . . 6 e. Flammable and Combustible Liquids – Storage and Dispensing . . . . . . 6 f. Clean-Up Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 g. Unauthorized Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 h. Application of Pesticides and Fertilizer . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i. Hazardous Materials Management Statement . . . . . . . . . . . . . . . . . . . . 6 D. Off-Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Improvements Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 E. Construction of Improvements Required Prior to Permanent Occupancy Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. Deferral of Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 G. Change of Use and New Construction Requires Certificate of Occupancy . . . . 7 1. Certificate of Occupancy Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Application Required Prior to Permitting Excavation . . . . . . . . . . . . . . . . . . . 7 3. Certificate of Use Available Upon Request . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 - iii (Revised 3/14) SECTION PAGE NUMBER NUMBER H. Use of Existing Structures During Construction of New Structures . . . . . . . . . . 7 1. Conditionally Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Exception for Public Owned or Operated Uses . . . . . . . . . . . . . . . . . . . . . . 8 I. Habitation of Travel Trailers or Recreational Vehicles . . . . . . . . . . . . . . . . . . . 8 4-4-040 FENCES AND HEDGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. General Fence and Hedge Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Fence Height – Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Berms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Grade Differences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. City May Require Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 D. Standards for Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Height Limitations for Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 a. Front Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 b. Side Lot Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 c. Rear Lot Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Height Limitations for Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Front Yard Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Interior Side Lot Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 c. Side Lot Line Abutting Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 d. Rear Lot Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Gate Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Electric and Barbed Wire Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. Standards for Commercial, Industrial and Other Uses . . . . . . . . . . . . . . . . . . . 9 1. Location and Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Electric Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Barbed Wire Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Bulk Storage Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5. Special Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 F. Administrative Review of Variation from Height Restrictions . . . . . . . . . . . . . 10 G. Special Administrative Fence Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Fences Eligible for Administrative Review Process . . . . . . . . . . . . . . . . . . 10 2. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 H. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-4-050 GARAGE SALES – REQUIREMENTS FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Maximum Time and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Supervision of Vehicles Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Use of Right-of-Way Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. Signage Installation and Removal Requirements . . . . . . . . . . . . . . . . . . . 11 5. Special Restriction for Self Storage Uses in RM-F Zone . . . . . . . . . . . . . . 11 C. Violations of This Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS . . . . . . . . . . . . . . . 12 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 (Revised 3/14)4 - iv SECTION PAGE NUMBER NUMBER 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Application Required for Existing Activities . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Application Required for Activities Annexed into City . . . . . . . . . . . . . . . . . 12 4. Time for Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Natural Stream Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Conformance with RCW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Notification of Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Transfer of Responsibility for Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8. Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9. Emergency Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 D. General Erosion and Sediment Control Standards . . . . . . . . . . . . . . . . . . . . . . 13 1. Erosion and Sediment Control Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Seasonal Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. Expansion or Restriction of Seasonal Limitations . . . . . . . . . . . . . . . . . . . . 14 4. Approved Erosion and Sediment Control Plan Required . . . . . . . . . . . . . . 14 5. Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. Continued Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 E. Bond Required to Cover Costs of Rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . 14 F. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Inspection Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Entry to be Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 G. Restoration of Hazard Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 H. Engineering Grading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Civil Engineer Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3. Soil Engineer Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Engineering Geologist Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. Building Division Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 I. Regular Grading Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Inspection, Testing and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 J. Work in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. Maximum Slopes – Work in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Clearing and Rounding Tops of Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Property and Setback Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5. Maximum Noise Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Permitted Work Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 - v (Revised 3/13) SECTION PAGE NUMBER NUMBER 7. Compliance with Pollution Control Regulations . . . . . . . . . . . . . . . . . . . . . 17 8. Control of Dust and Mud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Access Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Dozing and Digging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9. Soil Erosion and Sedimentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10. Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 K. Surface Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Polluted or Stagnant Water Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Minimum Lake Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Maximum Bank Slopes Adjacent to Lake . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Unconsolidated Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 L. Top and Toe Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Setbacks – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Tops of Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 b. Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 M. Cuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2. Maximum Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Drainage and Terracing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 N. Fills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1. Applicability and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2. Fill Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Preparation of Ground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4. Fill Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5. Minimum Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Maximum Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7. Drainage and Terracing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 O. Solid Waste Fills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1. Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2. Report Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Cell Cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6. Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7. Bulk Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8. Building Debris and Flammable Material . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9. Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10. Animal Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11. Treated Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12. Prohibited Fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14. Water Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15. Special Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Terrace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (Revised 3/13)4 - vi SECTION PAGE NUMBER NUMBER a. Swales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 b. Scouring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 c. Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 d. Settling Ponds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Subsurface Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 a. Minimum Grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Drainage Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Stream Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5. Overland Runoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Q. Slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Other Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 R. Final Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Plans and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 a. As-Graded Grading Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b. Soil Grading Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 c. Geologic Grading Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Notification of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 S. Permits and Fees Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Submittal Requirements and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Threshold for Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Plans and Calculations Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 T. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 U. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4-4-070 LANDSCAPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 D. Plans Required and Timing for Plans Submittal. . . . . . . . . . . . . . . . . . . . . . . . . 25 E. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 F. Areas Required to Be Landscaped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Street Frontage Landscaping Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Street Trees and Landscaping Required Within the Right-of-Way on Public Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard . . . . . . . . . . . . . . . . . . . . . . 25 4. Projects Abutting Less Intensive Zones or Uses . . . . . . . . . . . . . . . . . . . . . 25 a. Nonresidential Development in a Residential Zone . . . . . . . . . . . . . . . . 25 b. When a Residential Multi-family Zone or Use Is Abutting a Less Intense Residential Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 c. When a Commercial Zoned Lot or Use Is Abutting a Residential Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 d. When an Industrial Zoned Lot or Use Is Abutting a Residential or Commercial Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5. Pervious Areas to Be Landscaped. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6. Parking Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 - vii (Revised 3/13) SECTION PAGE NUMBER NUMBER a. Perimeter Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 b. Minimum Amounts of Interior Parking Lot Landscaping. . . . . . . . . . . . . 26 c. Optional Layout Patterns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 d. Perimeter and Interior Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 e. Exception for Existing Parking Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7. Minimum Freeway Frontage Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . 26 G. General Landscape Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Compliance Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Protection of Street Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Retention of Existing Landscaping and Existing Trees Encouraged . . . . . 27 4. Calculation of Required Plantings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Avoidance of Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 H. Description of Required Landscaping Types . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Street Frontage Landscaping Buffer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Partially Sight-obscuring Landscaped Visual Barrier . . . . . . . . . . . . . . . . . . 27 3. Fully Sight-obscuring Landscaped Visual Barrier. . . . . . . . . . . . . . . . . . . . . 27 4. Perimeter Parking Lot Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Interior Parking Lot Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 I. Irrigation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1. Irrigation and Automatic Controller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Exceptions for Drought Tolerant Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 J. Soil Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 K. Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 L. Plant Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Ground Cover Is Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3. Shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 4. Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 a. Approved Tree Species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 b. Planting Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 c. Mulch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 5. Prohibited Plant Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 M. Landscape Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 1. Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 2. Slopes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 N. Deferral of Landscape Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 O. Landscape Plan Revisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.1 P. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 2. Failure to Maintain Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 Q. Damaged Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 R. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 4-4-075 LIGHTING, EXTERIOR ON-SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 D. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 (Revised 3/13)4 - viii SECTION PAGE NUMBER NUMBER E. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.2 1. Building Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 2. Parking Lot or Display Lot Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 F. Specific Requirements for Residential Development in the R-10 and R-14 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.3 G. Modifications of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 H. Variances to Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 I. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS . . . . . . . . . . . . . . 28.4 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 B. Scope of Parking, Loading and Driveway Standards . . . . . . . . . . . . . . . . . . 28.4 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 a. Within the Center Downtown Zone. . . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 b. Outside the Center Downtown Zone . . . . . . . . . . . . . . . . . . . . . . . . . 28.4 2. Conformance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 3. Plans Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 4. Future Changes to Parking Arrangement . . . . . . . . . . . . . . . . . . . . . . . . 28.5 5. Timing for Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 a. Building Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 b. Requirements Prior to Occupancy Permit . . . . . . . . . . . . . . . . . . . . . 28.5 c. Requirements Prior to Business License Issuance . . . . . . . . . . . . . . 28.5 C. (Deleted by Ord. 5357, 2-25-2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 D. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.5 a. Calculation of Number of Parking Spaces – Fractions . . . . . . . . . . . 28.5 b. Measurement of Distance – Method . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 c. Measurement of Seat Width – Benches and Pews . . . . . . . . . . . . . . 28.6 E. Location of Required Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 1. On-Site Parking Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 a. Detached and Two (2) Attached Dwellings . . . . . . . . . . . . . . . . . . . . 28.6 b. Attached Dwellings Three (3) or More Units . . . . . . . . . . . . . . . . . . . 28.6 c. Boat Moorages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 d. Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 2. Off-Site Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 b. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.6 c. Additional Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 d. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 e. Maximum Distance to Off-Site Parking Area . . . . . . . . . . . . . . . . . . . 28.7 f. Transportation Management Plan Exception . . . . . . . . . . . . . . . . . . 28.7 3. Joint Use Parking Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 b. Agreement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.7 c. Maximum Distance to Joint Use Parking . . . . . . . . . . . . . . . . . . . . . . 28.7 d. Special Provisions for Subdivision of Shopping Center . . . . . . . . . . 28.7 F. Parking Lot Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 4 - ix (Revised 3/13) SECTION PAGE NUMBER NUMBER 1. Maneuvering Space/Use of Public Right-of-Way . . . . . . . . . . . . . . . . . . 28.8 2. Maximum Parking Lot and Parking Structure Slopes . . . . . . . . . . . . . . . 28.8 3. Access Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 4. Linkages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 5. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 6. Fire Lane Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 b. Minimum Width and Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 c. Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.8 d. Surfacing and Construction Requirements . . . . . . . . . . . . . . . . . . . . 28.9 e. Clearances and Turning Radii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 f. Existing Buildings – Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 g. Modification by Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 7. Residential Parking Location Requirements . . . . . . . . . . . . . . . . . . . . . . 28.9 a. RC, R-1, and R-4 Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 b. R-8 Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 c. R-10 and R-14 Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 d. RM Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.9 8. Parking Stall Types, Sizes, and Percentage Allowed/Required . . . . . . . 28.9 a. Standard Parking Stall Size – Surface/Private Garage/Carport . . . . 28.9 b. Standard Parking Stall Size – Structured Parking . . . . . . . . . . . . . . 28.10 c. Compact Parking Stall Size and Maximum Number of Compact Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.10 d. Tandem Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 e. Special Reduced Length for Overhang . . . . . . . . . . . . . . . . . . . . . . . . 29 f. Customer/Guest Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9. Aisle Width Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Parallel Parking Minimum Aisle Width . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Ninety Degree (90°) Head-In Parking Aisle Width Minimums . . . . . . . 30 c. Sixty Degree (60°) Head-In Parking Aisle Width Minimums . . . . . . . . 30 d. Forty Five Degree (45°) Head-In Parking Aisle Width Minimums . . . . 31 10. Number of Parking Spaces Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 a. Interpretation of Standards – Minimum and Maximum Number of Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 b. Multiple Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 c. Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 d. Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 e. Parking Spaces Required Based on Land Use . . . . . . . . . . . . . . . . . . 32 11. Number of Bicycle Parking Spaces Required. . . . . . . . . . . . . . . . . . . . . . . . 36 G. Parking Lot Construction Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1. Surfacing Requirements for Parking Areas . . . . . . . . . . . . . . . . . . . . . . . . 38 2. Surfacing Requirements for Storage Lots . . . . . . . . . . . . . . . . . . . . . . . . . 38 3. Marking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4. Wheel Stops Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 (Revised 3/13)4 - x SECTION PAGE NUMBER NUMBER H. Landscape Maintenance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2. Periodic Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3. Maintenance Bonds and Charges Authorized . . . . . . . . . . . . . . . . . . . . . . . 38 I. Driveway Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1. Driveway Location – Hazard Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2. Driveway Spacing Based Upon Land Use . . . . . . . . . . . . . . . . . . . . . . . . . 39 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . . . 39 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3. Driveway Width Maximums Based Upon Land Use . . . . . . . . . . . . . . . . . . 39 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . . . 39 b. Single Family and Duplex Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 c. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4. Maximum Number of Driveways Based Upon Land Use . . . . . . . . . . . . . . 39 a. Industrial, Warehouse and Shopping Center Uses . . . . . . . . . . . . . . . . 39 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 5. Driveway Angle – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 6. Driveway Grades – Maximum Based Upon Land Use . . . . . . . . . . . . . . . . 40 a. Single Family and Two (2) Family Uses . . . . . . . . . . . . . . . . . . . . . . . . 40 b. All Other Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7. Joint Use Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 a. Benefits of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 b. Where Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 8. Driveways Providing Access or Connections to and from the State Highway System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 J. Loading Space Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 1. Loading Space Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 2. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 3. Projection into Streets or Alleys Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 40 4. Minimum Clear Area for Dock High Loading Doors . . . . . . . . . . . . . . . . . . 41 5. Minimum Clear Area for Ground Level Loading Doors . . . . . . . . . . . . . . . . 41 K. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1. Special Provisions for Use of Paved Recreation Space for Parking . . . . . . 41 2. Modification of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 L. Deferral of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1. Deferral of Installation of Required Improvements . . . . . . . . . . . . . . . . . . . 41 2. Delay in Installation of Parking Spaces – Reserve Parking Areas . . . . . . . 41 a. Decision Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 b. Standards for Parking Reserve Areas . . . . . . . . . . . . . . . . . . . . . . . . . . 41 M. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4-4-090 REFUSE AND RECYCLABLES STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . .42 A. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 B.Exemption for Single Family and Two (2) Attached Residences (Duplexes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 C. General Requirements Applicable to All Uses (Except Single Family and Two (2) Attached Dwelling Units) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1. Dimensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 - xi (Revised 3/13) SECTION PAGE NUMBER NUMBER 2. Location in Setback or Landscape Areas Prohibited . . . . . . . . . . . . . . . . . 42 3. Special Setbacks from Residential Properties . . . . . . . . . . . . . . . . . . . . . . 42 4. Obstruction Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 5. Collocation Encouraged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 6. Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 7. Architectural Design of Deposit Areas to Be Consistent with Primary Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 8. Screening of Deposit Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 9. Minimum Gate Opening and Minimum Vertical Clearance . . . . . . . . . . . . 42 10. Weather Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 11. Approval of Screening Detail Plan Required . . . . . . . . . . . . . . . . . . . . . . . 43 D. Multi-Family Developments – Additional Requirements for Deposit and Collection Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 1. Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Minimum Number of Deposit Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3. Dispersal of Deposit Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4. Location within Structures Possible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5. Maximum Distance from Building Entrance . . . . . . . . . . . . . . . . . . . . . . . . 43 6. Site Plan Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 7. Parking Space Obstruction Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 8. Storage in Required Parking Space Prohibited . . . . . . . . . . . . . . . . . . . . . 43 E. Commercial, Industrial, and Other Nonresidential Developments – Additional Requirements for Deposit and Collection Areas . . . . . . . . . . . . . . . 43 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2. Accessibility May Be Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3. Office, Educational and Institutional Developments – Minimum Size . . . . 43 4. Manufacturing and Other Nonresidential Developments – Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 5. Retail Developments – Minimum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 F. Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 G. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4-4-095 SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS . . . . . 44 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 1. New or Replacement Equipment/Activity . . . . . . . . . . . . . . . . . . . . . . . . . 44 2. Enlargement or Exterior Modifications of Existing Structures . . . . . . . . . . 44 C. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 D. Surface Mounted Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 1. General Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 a. Industrial Zone Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 E. Roof-top Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1. New Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2. Additions to Existing Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 F. Outdoor Storage, Loading, Repair, Maintenance and Work Areas . . . . . . . . . 45 1. Outdoor Loading – Multi-Family Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2. Outdoor Loading, Repair, Maintenance and Work Areas – Commercial and Industrial Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 (Revised 3/13)4 - xii SECTION PAGE NUMBER NUMBER 3. Outdoor Storage – Commercial or Industrial Zones . . . . . . . . . . . . . . . . . . 45 a. Special Outdoor Storage Height Requirements, Industrial Zones . . . . . 45 G. Vehicle Storage Screening, CA Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 H. Outdoor Retail Sales – CD Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 I. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 J. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4-4-100 SIGN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 B. Applicability and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 3. Periodic Inspection of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4. Authority of Community and Economic Development Administrator . . . . . . 46 5. Exemptions from Sign Code Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Indoor Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. Government and Utility Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 c. Awning, Canopy, and Marquee Structures Having No Signage . . . . . . 46 6. Exceptions from Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. City Sponsored Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 c. City Sponsored or Co-Sponsored Signs and Displays . . . . . . . . . . . 46.1 d. Construction Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 e. Copy Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 f. Credit Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 g. Flags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 h. Garage Sale Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 i. Holiday Displays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 j. Memorial Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.1 k. Modifications Not Requiring Structural or Electrical Changes . . . . . . 46.1 l. Open House Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 m. Political Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 n. Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 o. Public Service Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 p. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 q. Safety Information Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 r. Small Parking and Traffic Control Signs . . . . . . . . . . . . . . . . . . . . . . 46.2 s. Small Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 t. Weekend and Holiday Display Signage for Vehicle and Vessel Sales in the Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . 46.2 u. Banner Signage for Vehicle and Vessel Sales in the Automall Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 C. Prohibited Signs and Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 1. Signs Which Violate State Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 46.2 2. Signs Which Interfere with Traffic Control . . . . . . . . . . . . . . . . . . . . . . . . 46.3 3. Animated, Revolving, Blinking and Flashing Signs . . . . . . . . . . . . . . . . . 46.3 a. Outside City Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 b. Inside City Center Sign Regulation Area Boundaries . . . . . . . . . . . . 46.3 4 - xii.1 (Revised 3/13) SECTION PAGE NUMBER NUMBER 4. Devices of a Carnival Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 5. Banners and Rigid Portable Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 6. Signs Which Obscure Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 7. Signs on Stationary Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 8. Signs over Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 9. Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 10. Off-Premises Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 11. Roof Signs within the City Center Sign Regulation Area . . . . . . . . . . . . . 46.3 12. Signs Obscuring Address Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 13. Signs Located in Designated Fire Lanes . . . . . . . . . . . . . . . . . . . . . . . . . 46.3 14. Perimeter Street Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 15. Signs on Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 16. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 D. General Requirements for Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 1. Permit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 2. Method of Calculating Sign Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 3. Sign Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 4. Appearance of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 5. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.5 6. Removal of Signage Upon Closure of Business . . . . . . . . . . . . . . . . . . . 46.4 a. City-Wide Outside of City Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 b. City Center Sign Regulation Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.4 7. Nonconforming Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.5 E. Size, Number and Height of Permanent Signs . . . . . . . . . . . . . . . . . . . . . . . 46.6 1. Permitted and Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 2. Location Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 3. Height Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 a. Signs within City Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 b. Signs within Urban Design Sign Regulation Area . . . . . . . . . . . . . . . 46.6 c. Signs Outside City Center and Outside Urban Design Sign Regulation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.6 4. Signs Permitted in All Residential, Commercial, and Industrial Zones . . 46.6 a. Churches, Apartments, Subdivisions, and Existing Legally Established Nonconforming Businesses within Residential Zones . . 46.6 b. Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.7 c. Temporary Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.7 d. Public Facilities (Public Buildings, Schools, Parks and Recreation Facilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.7 5. Additional Signs Permitted in Commercial and Industrial Zones . . . . . . . 46.7 a. Business Signs – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.7 b. Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.8 c. Under Marquee Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.8 d. Shopping Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.8 e. Large Retail Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located within the Auto Mall Area(s) . . . . . . . . 48 (Revised 3/13)4 - xii.2 SECTION PAGE NUMBER NUMBER g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Outside the Auto Mall Area . . . . . . . . . . 48 h. Subdivision Identification Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 i. Special Requirements for Specified Uses in the Commercial Office (CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100') of a Lot Zoned RC, R-1, R-4, R-8, R-10, R-14, and RM . . . . . . . . . . . . . . 49 j. Self Storage Uses in the RM-F Zone . . . . . . . . . . . . . . . . . . . . . . . . . 49 F. Signs within Shoreline Areas – Special Requirements . . . . . . . . . . . . . . . . . . . 49 1. View Impairment Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 2. Location, Size and Type Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 3. Illuminated, Freestanding and Roof Signs Prohibited . . . . . . . . . . . . . . . . . 50 G. Signs within Urban Design Area – Special Requirements . . . . . . . . . . . . . . . . . 50 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 2. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 3. (Repealed by Ord. 5675, 12-3-2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 4. General Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 a. Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 b. Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 d. Size of Entry Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 e. Color, Lighting and Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 f. Preferred Lighting and Sign Type. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 g. Other Encouraged Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5. Additional Prohibited Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 6. Maximum Height of Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 7. Landscaping Required for Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . 50 8. Illustrations – Acceptable and Unacceptable . . . . . . . . . . . . . . . . . . . . . . . . 51 H. Signs within City Center – Special Requirements . . . . . . . . . . . . . . . . . . . . . . . 51 1. Purpose of Special Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 3. Map of City Center Sign Regulation Area . . . . . . . . . . . . . . . . . . . . . . . . . . 52 4. Type and Number of Permanent Signs Allowed . . . . . . . . . . . . . . . . . . . . . 53 a. Residential/Churches/Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 b. Nonresidential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5. Size, Height and Locations Allowed for Permanent Signs for Nonresidential Uses Based Upon Sign Type . . . . . . . . . . . . . . . . . . . . . 54.2 a. Freestanding Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.2 b. Ground Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 c. Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 d. Projecting Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.1 e. Awning Sign, Canopy Sign, Marquee Sign . . . . . . . . . . . . . . . . . . . . . . 57 f. Under Awning Sign, Canopy Sign, Marquee Sign . . . . . . . . . . . . . . . . . 58 4 - xiii (Revised 4/12) SECTION PAGE NUMBER NUMBER g. Secondary Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 h. Multi-Occupancy or Multiple Building Complex Sign . . . . . . . . . . . . . . 60 6. Letter Size Limitations for Permanent Signs for Nonresidential Uses Based Upon Distance from Right-of-Way . . . . . . . . . . . . . . . . . . . . 61 a. Maximum Letter Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 b. Exemption from Letter Size Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 7. Special Allowance for City Center Signs to Project into Right-of-Way . . . 61 8. Temporary/Special Permit Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9. Modifications of City Center Sign Regulations . . . . . . . . . . . . . . . . . . . . . 61 a. Authority and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 b. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 c. Variance May Be Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 d. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 I. Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 1. City Sponsored Signs Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2. Directional Signs for Public Buildings Authorized . . . . . . . . . . . . . . . . . . . 62 a. Standards and Size Limits for Directional Signs . . . . . . . . . . . . . . . . . 62 3. Public Service Directional Signs for Nonpublic Buildings Such as Churches and Charitable Organizations Authorized . . . . . . . . . . 62 a. Review Authority and Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Appeal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 c. Installation Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4. Residential Open House Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 J. Temporary and Portable Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 1. General Requirements for Temporary Signs . . . . . . . . . . . . . . . . . . . . . . . 63 a. Display of Permit Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Support and Perforation Requirements for Cloth Signs . . . . . . . . . . . . 63 c. Projection of Temporary Cloth Signs Over Public Property/Right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2. Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 a. Prohibited Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Off-Premises Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 c. On-Premises Real Estate Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 3. Garage Sale Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a a. Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a b. Maximum Display Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a c. Allowed Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a d. Allowable Sign Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a e. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a f. Sign Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a g. Maximum Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66a 4. Political Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66b a. Permitted Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66b b. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 c. Removal Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 5. A-Frame Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 a. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 (Revised 4/12)4 - xiv SECTION PAGE NUMBER NUMBER b. Location Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 d. Construction Specifications and Materials . . . . . . . . . . . . . . . . . . . . 66.1 e. Maintenance and Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 f. Alteration of Landscaping Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 66.1 g. Removal upon Close of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 h. Display of Permit and Code Requirements . . . . . . . . . . . . . . . . . . . . 66.2 i. Display of Permit Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 j. Proof of Insurance and Hold Harmless Agreement for Signs on Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 k. Confiscation of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 l. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 6. Event Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 b. Types of Event Signage Allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 c. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 d. Time Limitations and Applicability – Grand Openings and Event Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.2 e. Placement Limitations for Event Signs . . . . . . . . . . . . . . . . . . . . . . . . . 67 7. Accessory Home Agriculture and Agriculture Sales Signs. . . . . . . . . . . . . . 67 a. Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 b. Number and Type of Allowable Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 c. Maximum Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 d. Display Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 e. Sign Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 K. Design and Construction Requirements for Permanent Signs – General . . . . . 67 1. General Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 2. Wind Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 3. Seismic Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 4. Combined Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 5. Allowable Stresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 6. Location and General Standards for Structural Supports . . . . . . . . . . . . . . 68 7. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 8. Restrictions on Combustible Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 9. Nonstructural Trim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 10. Anchorage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 11. Size of and Materials for Display Surfaces . . . . . . . . . . . . . . . . . . . . . . . 68.1 12. Glass Panel Size, Thickness and Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 13. Approved Plastics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 14. Welding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 15. Electrical Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 16. Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 17. Clearance from High Voltage Power Lines . . . . . . . . . . . . . . . . . . . . . . . . . 69 18. Clearance from Fire Escapes, Exits or Standpipes . . . . . . . . . . . . . . . . . . . 69 19. Obstruction of Openings Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 20. Standards for Supports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 4 - xv (Revised 3/13) SECTION PAGE NUMBER NUMBER L. Location/Insurance Requirements for Signs Projecting into Setbacks or Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 1. Maximum Sign Projection into Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 2. Allowed Projections into Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 a. Wall Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 b. Marquees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 c. Additional Allowances within City Center Sign Regulation Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 3. Identification of Sign Installer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 4. Liability Insurance Required for Signs Located on or over Public Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 5. Annual Right-of-Way Use Permit Required for Signs Projecting on or over Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 M. Design Requirements for Projecting Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 1. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 N. Design Requirements for Awning, Canopy, or Marquee Signs . . . . . . . . . . . . 71 1. Applicability of this Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2. Acceptable Location and International Building Code Requirements . . . . 71 3. Under Marquee/Under Awning/Under Canopy Sign Limitations . . . . . . . . 71 a. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 b. Location and Size – Outside City Center . . . . . . . . . . . . . . . . . . . . . . . 71 c. Location and Size – Within City Center . . . . . . . . . . . . . . . . . . . . . . . . 71 O. Design Requirements for Electric Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 1. Materials and Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 3. Erector’s Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 4. Label Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 P. Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Q. Alternate Provisions for Material, Construction and Design . . . . . . . . . . . . . . 72 R. Appeals of Administrative Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 S. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 T. Compliance and Confiscation of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 1. Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2. Removal and Storage of Illegal Signs Authorized . . . . . . . . . . . . . . . . . . . 72 3. Confiscated Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 U. Violations of This Chapter and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 4-4-110 STORAGE FACILITIES, BULK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 A. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 B. Special Review and Higher Standards Required . . . . . . . . . . . . . . . . . . . . . . 72 C. Special Permit and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Special Permit Required for Bulk Storage Facilities . . . . . . . . . . . . . . . . . 73 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 3. Authority and Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4. Provision of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 5. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 D. Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 1. Height of Containers and Stock Piles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 (Revised 3/13)4 - xvi SECTION PAGE NUMBER NUMBER 2. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 3. Landscaping and Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 b. Screening Required for Recognized Higher Risk Storage . . . . . . . . . . 74 c. Screening Required for Other Bulk Storage . . . . . . . . . . . . . . . . . . . . . 74 d. Landscaping Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 4. Signs Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 5. Surface Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 b. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 6. Toxic Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 b. PSAPCA Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 c. Maximum Concentrations of Toxic Substances . . . . . . . . . . . . . . . . . . 77 d. Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 7. Traffic and Access Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 b. Access Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 c. Emergency Vehicle Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 d. Traffic Flow, Setbacks from Access Routes and Curb Cuts . . . . . . . . . 77 e. Separation of Parking from Loading/Maneuvering Areas . . . . . . . . . . . 78 f. Overpasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 g. Paving of Access Routes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 h. Surfacing of Storage Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 8. Sound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 b. WAC Regulations Adopted by Reference . . . . . . . . . . . . . . . . . . . . . . . 78 c. Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 d. Maximum Sound Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 e. Reduction Due to Method of Measurement . . . . . . . . . . . . . . . . . . . . . . 79 f. Extension of Hours of Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 9. Liquid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 b. Discharge Regulated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 c. Standards and Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 d. Standards for Discharge into Sewer System . . . . . . . . . . . . . . . . . . . . . 80 e. Disposal Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 f. Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 g. Prevention of Odorants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 h. Treatment of Liquid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 10. Light and Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 b. Method of Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 c. Maximum Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 11. Odorants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 b. Maximum Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4 - xvii (Revised 3/13) SECTION PAGE NUMBER NUMBER c. Testing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 d. Monitoring Required Upon Complaint . . . . . . . . . . . . . . . . . . . . . . . . . 82 e. Other Remedies Not Impaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 12. Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 b. Off-Site Economic Burdens Prohibited . . . . . . . . . . . . . . . . . . . . . . . . 83 c. Barrier Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 d. Barrier Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 e. Fire Suppression System Standards . . . . . . . . . . . . . . . . . . . . . . . . . . 83 f. Maximum Quantities and Permitted Locations . . . . . . . . . . . . . . . . . . 83 g. Additional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 h. Separation of Barrier and Fire Code Dyke . . . . . . . . . . . . . . . . . . . . . 84 i. Combination of Requirements Encouraged . . . . . . . . . . . . . . . . . . . . . 84 j. Impervious Surfacing Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 13. Gaseous and Particulate Emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 a. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 b. Preferred Process Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 c. PSAPCA Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 d. Substance Density Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 e. Further Emission Limitations During an Alert . . . . . . . . . . . . . . . . . . . 85 f. Hydroseeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 g. Report by Developer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 h. Quarterly Reports May Be Required . . . . . . . . . . . . . . . . . . . . . . . . . . 85 i. Notification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 j. Additional Reports Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 k. Locational Restrictions for Facilities with Emissions . . . . . . . . . . . . . . 85 l. Special Emission Standards for Existing Facilities . . . . . . . . . . . . . . . 86 m. Compliance Later Required for Existing Facilities . . . . . . . . . . . . . . . . 86 n. Efficiency Rating – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 E. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4-4-120 STORAGE LOTS – OUTSIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 A. Screening Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 1. Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 2. Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 B. Surfacing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS . . . . . . . . . . . . 87 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 C. Allowable Tree Removal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 1. Emergency Situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 2. Dead, Dangerous, or Diseased Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 4. Installation of SEPA Exempt Public or Private Utilities . . . . . . . . . . . . . . . 88 5. Existing and Ongoing Agricultural Activities . . . . . . . . . . . . . . . . . . . . . . . 88 6. Commercial Nurseries or Tree Farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 7. Public Road Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 (Revised 3/13)4 - xviii SECTION PAGE NUMBER NUMBER 8. Site Investigative Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 9. Allowable Minor Tree Removal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . 88 10. Landscaping or Gardening Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 11. Operational Mining/Quarrying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 12. Existing Utilities and Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 D. Prohibited Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 1. Tree Cutting in Advance of Issuance of Land Development Permit . . . . . . 89 2. Tree Cutting or Vegetation Management Without Required Routine Vegetation Management Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 3. Restrictions for Critical Areas – General . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 4. Restrictions for Native Growth Protection Areas . . . . . . . . . . . . . . . . . . . . . 89 E. Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 1. Authority and Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 2. Independent Secondary Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 F. Permits Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Land Development Permit Required for Site Preparation . . . . . . . . . . . . . . 90 2. Routine Vegetation Management Permit Required for the Following Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 a. Routine Vegetation Management of Undeveloped Properties . . . . . . . 90 b. Use of Mechanical Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 c. Tree Removal in Excess of Maximum Allowance . . . . . . . . . . . . . . . . . 90 3. Conditional Use Permit Required Timber Stand Thinning . . . . . . . . . . . . . . 90 G. Routine Vegetation Management Permit Review Process . . . . . . . . . . . . . . . . 90 H. Performance Standards for Land Development/Building Permits . . . . . . . . . . . 91 1. Protected Trees – Retention Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 2. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 3. Applicability, Performance Standards and Alternates . . . . . . . . . . . . . . . . . 91 4. General Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 5. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 6. Restrictions for Critical Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 7. Tree/Ground Cover Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 8. Protection Measures During Construction . . . . . . . . . . . . . . . . . . . . . . . . . . 92 a. Construction Storage Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 b. Fenced Protection Area Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 c. Protection from Grade Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 d. Impervious Surfaces Prohibited Within the Drip Line . . . . . . . . . . . . . . 93 e. Restrictions on Grading Within the Drip Lines of Retained Trees . . . . . 93 f. Mulch Layer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 g. Monitoring Required During Construction . . . . . . . . . . . . . . . . . . . . . . . 93 h. Alternative Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 9. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 I. Variance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 J. Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 1. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 2. Additional Liability for Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4 - xix (Revised 3/13) SECTION PAGE NUMBER NUMBER 3. Restoration Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4. Replacement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 5. Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 4-4-140 WIRELESS COMMUNICATION FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 B. Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 1. For Commercial Wireless Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 2. For Amateur Radio Antennas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 C. Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 D. Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 E. Compliance with Telecommunications Act of 1996 Required for Commercial Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 F. Standards and Requirements for All Types of Wireless Communications Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 1. Equipment Shelters or Cabinets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 b. Landscaping and Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 c. Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 2. Visual Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 3. Maximum Noise Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 4. Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 5. Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 6. Advertising Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 7. Building Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 8. Radio Frequency Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 9. Special Requirements for Equipment Shelters/Cabinets within the Public Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 G. Standards for Specific Types of Wireless Facilities . . . . . . . . . . . . . . . . . . . . . 96 H. Airport Restrictions – Notice To FAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 I. Obsolescence and Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 J. Collocation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 1. Evaluation of Existing Commerial Support Structures . . . . . . . . . . . . . . . 100 2. Cooperation of Commercial Applicants in Collocation Efforts . . . . . . . . . 100 3. Reasonable Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 K. Permit Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 1. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2. Compliance with Federal Standards for Radio Frequency Emissions Required for Commercial Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 3. Notice to City of Change of Operation of Facility . . . . . . . . . . . . . . . . . . . 101 L. Alternates, Modifications, Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 M. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . 101 4-4-010G 4 - 1 (Revised 4/12) 4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS: A. PURPOSE AND INTENT: The regulations in this Section set standards in- tended to require that the keeping of animals oc- curs in a humane and appropriate manner that benefits the animals and allows animals to coex- ist harmoniously with adjacent and abutting uses. B. APPLICABILITY: The keeping of animals shall be consistent with the standards in this Section, RMC 1-3-3, Nui- sances, and RMC 8-7-3, Public Disturbance, Noises. The keeping of household pets and/or domestic animals up to the maximum number al- lowed in this Section and/or RMC 4-9-100, Addi- tional Animals Permit Process, by an owner/ tenant for the purpose of enjoyment is permitted as an accessory use to residential or commercial use subject to the requirements of this Section. C. EXCEPTION: Occasional breeders are permitted to keep a greater number of animals than allowed on a tem- porary basis, not to exceed one hundred twenty (120) days, when those animals are less than one hundred twenty (120) days old. No Additional An- imals Permit is required, but a Home Occupation Business License is required. D. NUISANCE AND DISTURBANCE PROHIBITED: Household pets, domestic animals, and/or bees must not become a nuisance (RMC 1-3-3) or cre- ate a public disturbance (RMC 8-7-3). E. PROHIBITED ANIMALS: The keeping of animals that are wild or danger- ous is not permitted pursuant to RMC 6-6-12. Ad- ditionally, the City prohibits the keeping of roosters or peahens/peacocks. F. AUTHORITY: Interpretation regarding responsibility will be de- termined administratively; responsibility for en- forcement of the provisions of this Section shall be as follows: 1. Animal Control Officer: All those mat- ters related to care, maintenance, and indi- vidual licensing. 2. Development Services Division: All those matters concerning land use and zon- ing. G. NUMBER OF ANIMALS ALLOWED: 1. Lot Size Minimums and Maximum Number of Animals Generally Permitted: The allowable numbers of animals permitted, provided the minimum lot size is met, are de- tailed in the following table. The specified minimum lot sizes are absolute requirements, unless (a) an Additional Animals Permit is granted pursuant to RMC 4-9-100, or (b) the number and type of animals was established legally under previous regulations and the ownership of the property has not changed. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size requirements have been met. For example, on a twelve thousand five hundred (12,500) square foot lot, the keeping of two (2) medium lot domestic animals, six (6) small lot domes- tic animals, and three (3) household pets is permitted outright. Type of Animal Maximum Number of Animals Generally Permitted Household Pets includes: dogs, cats, caged indoor birds and small rodents. Non-venomous reptiles and amphibians weighing less than 10 pounds are also included. 3* per dwelling or commercial building; no minimum lot size. A pet license is required from the City Finance Department for each cat or dog. Small Lot Domestic Animals includes: chickens, ducks, geese, pigeons and rabbits. 3 on lots that are at least 4,500 gross sq. ft. in size. On lots that are larger than 4,500 gross sq. ft., 1 additional small lot domestic animal may be kept per additional 1,000 gross sq. ft. 4-4-010H (Revised 4/12)4 - 2 *Includes foster animals 2. Permit Required for More than Three (3) Dogs and/or Cats: Regardless of addi- tional lot size, the keeping of four (4) or more dogs and/or cats shall always require an Ad- ditional Animals Permit (RMC 4-9-100) or a Conditional Use Permit for a Kennel (RMC 4-9-030) if allowed by the property’s zoning. H. KEEPING GREATER NUMBER OF ANIMALS THAN GENERALLY PERMITTED: 1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater numbers of animals than permitted in subsection G1 of this Section may be allowed. The minimum lot size for extra large animals must be met. Keeping greater numbers of animals without the minimum lot size may be permitted for small, medium, and large lot animals, subject to an Additional Animals Permit (RMC 4-9-100). 2. Minimum Lot Size Needed to Apply for an Additional Animals Permit for Extra Large Lot Domestic Animals: Horses, don- keys, cows and llamas are considered extra large lot domestic animals. The minimum lot size required to apply for an Additional Ani- mals Permit for extra large lot animals is twenty thousand (20,000) square feet de- voted only to these animals. I. HOME OCCUPATIONS: The keeping of household pets or domestic ani- mals for any for-profit venture in all residential and mixed-use zones must comply with the re- quirements of RMC 4-9-090, Home Occupations, and requires a Home Occupation Business Li- cense. Any owner/tenant who keeps household pets and/or domestic animals and sells any ani- mal-related product, made from or produced by their household pets and/or domestic animals, shall be required to obtain a Home Occupation Permit, RMC 4-9-090. Keeping animals for com- mercial purposes that exceed the standards of a home occupation accessory use requires ap- proval pursuant to RMC 4-2-060, Zoning Table – Uses Allowed in Zoning Designations. J. GENERAL STANDARDS FOR KEEPING ANIMALS: The keeping of animals shall be consistent with the following standards: 1. Shelter Location and Setbacks: Shel- ters, pens, and permanent/temporary kennel structures shall be located a minimum of ten feet (10') from any property line and in the rear yard. The Development Services Divi- sion may grant an exemption from this ten- foot (10') requirement if the owner/tenant can provide sufficient information that a side yard would be a better location. 2. Barn and Stable Location and Set- backs: Private barns and stables shall be lo- cated a minimum of fifty feet (50') from any property line. Barns and stables may not be located in attached garages or carports. 3. Confinement Required: All animals shall be kept and maintained in a manner which confines their movement and activity to the premises of the owner/tenant. 4. Fencing Required: Dog runs, open-run areas, and permanent/temporary kennel structures shall be surrounded by a fence of adequate height (as to preclude escape). RMC 4-4-040, Fences and Hedges, lists the City’s requirements for residential fences. Medium Lot Domestic Animals includes: miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight, and sheep. 2 on lots that are at least 12,500 gross sq. ft. in size. On lots that are greater than 12,500 gross sq. ft., 1 additional medium lot domestic animal may be kept per additional 7,500 gross sq. ft. Large Lot Domestic Animals includes: goats and pigs. Extra Large Lot Domestic Animals includes: horses, donkeys, cows and llamas. 2 on lots that are at least 1 gross acre in size. On lots that are larger than 1 gross acre, 1 additional large lot domestic animal may be kept per addi- tional 43,560 sq. ft. Type of Animal Maximum Number of Animals Generally Permitted 4-4-010L 4 - 3 (Revised 3/13) 5. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, annoyance, or be- come a public nuisance. Provision shall be made to ensure that animal food stored out- doors will not attract rodents, insects, or other animals. 6. Animal Waste and Food Waste: All shelter structures, confinement areas, and/or open-run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents, or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC. K. ADDITIONAL STANDARDS FOR KENNELS AND STABLES: Kennels and stables, when allowed by RMC 4-2-060, Zoning Use Table, must comply with the following standards: 1. Shelter and Structures: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. All structures as- sociated with kennels and stables shall be lo- cated a minimum of fifty feet (50') from any property line and must be located in the rear yard. On lots that are larger than one gross acre in size, exercising, training, and/or riding areas may be located closer than fifty feet (50') from a property line if the exercising, training, and/or riding areas are no closer than one hundred feet (100') to any dwelling unit and the location is approved, in writing, by the Development Services Division. 2. Food and Bedding: Suitable food and bedding shall be provided and stored in facil- ities adequate to provide protection against infestation or contamination by insects or ro- dents. Refrigeration shall be provided for the protection of perishable foods. 3. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natu- ral or artificial lighting system to allow inspec- tion and cleaning at any time of the day and that interior wall and ceiling surfaces are con- structed of materials which are resistant to the absorption of moisture and odors. 4. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to pro- vide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage and to facil- itate waste removal. Adequate fences or re- taining walls must be constructed to contain animals and prevent intrusion by others. L. ADDITIONAL STANDARDS FOR BEEKEEPING: 1. Maximum Number of Hives Generally Permitted: A maximum of three (3) hives are generally permitted and one additional hive may be kept for every additional ten thousand (10,000) gross square feet of lot size. The keeping of bees is allowed to be cumulative with the keeping of animals. 2. Minimum Lot Sizes for Beekeeping: a. Seven thousand five hundred (7,500) gross square feet. b. Four thousand five hundred (4,500) gross square feet if either of the following conditions are met: i. Hives are kept at least eight feet (8') above or below the grade of abut- ting properties; or ii. Hives are kept behind a mini- mum six foot (6') tall hedge or solid fence that runs parallel to any prop- erty line within twenty-five feet (25') of a hive. 3. Beekeeping Requirements: a. Hives shall be located in rear yards, side yards, or on rooftops. b. Hives shall be located a minimum of twenty-five feet (25') from an interior lot 4-4-010M (Revised 3/13)4 - 4 line, with each hive’s entrance facing away from the nearest property line. c. Each hive shall only contain one swarm. d. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance. e. Hives shall be marked or identified to notify visitors. f. A source of fresh water (such as a fountain) located within ten feet (10') from the hives shall be provided. M. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS: Special review criteria to be considered for Addi- tional Animals Permits are included in RMC 4-9-100. (Ord. 5676, 12-3-2012) N. REVIEW CRITERIA FOR KENNELS AND STABLES: For kennels, commercial equine boarding, riding schools, and stables the conditional use criteria of RMC 4-9-030 shall be applicable. O. NONCONFORMING ANIMALS: See RMC 4-10-070. (Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 4999, 1-13-2003; Ord. 5305, 9-17-2007; Ord. 5356, 2-25-2008; Ord. 5470, 7-13-2009; Ord. 5578, 11-15-2010; Ord. 5603, 6-6-2011; Ord. 5640, 12-12-2011) 4-4-015 STANDARDS FOR HOME AGRICULTURE SALES AND AGRICULTURE SALES: A. PURPOSE AND INTENT: The purpose and intent of this Section is to en- sure that the sale of agricultural products grown as part of accessory use home agriculture and agriculture occurs in a manner that minimizes negative impacts to surrounding property owners. B. APPLICABILITY: The sale of fresh fruits, vegetables, berries, honey, eggs, other agricultural produce, and flow- ers is permitted outright as an accessory use when it occurs on the same site on which it was grown and/or harvested. Sales of products that are not grown or produced onsite shall be consid- ered outdoor retail sales and are allowed only as permitted in RMC 4-2-060, Zoning Use Table. C. SUPERVISION OF SALES AND VEHICLES REQUIRED: Sales and related parking shall be supervised and are the responsibility of the property owner or the tenant. This person shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the person’s property. D. USE OF RIGHT-OF-WAY PROHIBITED: Public rights-of-way shall not be used for the sales of home agriculture or agriculture. E. CONDITIONS: 1. In accordance with RCW 36.71.090, no business license is required. 2. Sales must be of products harvested on- site and may not have been modified, changed, or enhanced into another product. 3. Hours of sale are limited to between 9:00 a.m. and 7:00 p.m., every day of the week. 4. Any tables, chairs, etc., used as part of sales and located in the front or side yards must be removed every day after 8:00 p.m. and may be set up again after 8:00 a.m. 5. No structures other than allowed in RMC 4-2-110B, Accessory Structures, are permit- ted. 6. Sales may not occur within a dwelling unit. 7. The area used for sales may not be larger than two hundred (200) square feet in size. 8. One temporary sign may be used, as al- lowed in RMC 4-4-100J7. (Ord. 5640, 12-12-2011) 4-4-020 COMPREHENSIVE PLAN IMPLEMENTATION: (Reserved) 4-4-030B 4 - 4.1 (Revised 3/13) 4-4-030 DEVELOPMENT GUIDELINES AND REGULATIONS – GENERAL: A. INTENT: It is the intent of this Section to provide the City, especially the Development Services Division and the Hearing Examiner, with criteria to make consistent and rational land use recommenda- tions and decisions that (1) place the public health, safety and welfare paramount; (2) recog- nize property rights; (3) promote aesthetics, amenities and good design; (4) minimize incom- patibility of adjacent or abutting uses; (5) mini- mize pollution; (6) contain adverse impacts on- site; and (7) make consistent and rational deci- sions and recommendations. Furthermore it is the intent of this Section to comply with the various resolutions, codes and ordinances of the City and the State Environmental Policy Act, as amended. (Ord. 5676, 12-3-2012) B. ADOPTION BY REFERENCE: The goals, objectives, and policies as set forth in the following documents and related studies or documents are presently in force or as modified from time to time are hereby incorporated by ref- erence and shall be considered as if fully set forth herein: Cedar River Master Plan Comprehensive Solid Waste Management Plan Green River Valley Plan Fire Department Master Plan Airport Master Plan Comprehensive Park, Recreation and Open Space Plan Comprehensive Water System Plan Long Range Wastewater Management Plan (Revised 3/13)4 - 4.2 This page left intentionally blank. 4-4-030C 4 - 5 (Revised 3/10) King County Comprehensive Housing Afford- ability Strategy (CHAS) Shoreline Master Program King County Solid Waste Management Plan Countywide Planning Policies Six-Year Transportation Improvement Plan Street Arterial Plan Traffic Mitigation Resolution and Fee Parks Mitigation Resolution and Fee Fire Mitigation Resolution and Fee Comprehensive Plan (Ord. 5526, 2-1-2010) C. CONSTRUCTION STANDARDS: 1. Haul Routes: A construction plan indi- cating haul routes and hours, construction hours, and a traffic control plan must be sub- mitted to the Development Services Division for approval prior to a construction permit be- ing issued. 2. Haul Hours: Haul hours shall be re- stricted to the hours between eight-thirty (8:30) a.m. and three-thirty (3:30) p.m., Mon- day through Friday unless otherwise ap- proved in advance by the Development Services Division. 3. Permitted Work Hours in or Near Res- idential Areas: Construction activities that require construction or building permits and that are conducted in residential areas or within three hundred feet (300') of residential areas shall be restricted to the following hours: a. Single Family Remodel or Single Family Addition Construction Activi- ties: Single family remodel or single fam- ily addition construction activities shall be restricted to the hours between seven o’clock (7:00) a.m. and ten o’clock (10:00) p.m., Monday through Friday. Work on Saturdays and Sundays shall be restricted to the hours between nine o’clock (9:00) a.m. and ten o’clock (10:00) p.m. b. Commercial, Multi-Family, New Single Family and Other Nonresiden- tial Construction Activities: Commer- cial, multi-family, new single family and other nonresidential construction activi- ties shall be restricted to the hours be- tween seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight o’clock (8:00) p.m. No work shall be permitted on Sundays. 4. Emergency Extensions to Permitted Work Hours: The Development Services Di- vision Director is authorized to grant an ex- tension of working time during an emergency. An emergency shall include but is not limited to natural and manmade disasters. 5. Temporary Erosion Control: Tempo- rary erosion control must be installed and maintained for the duration of the project. This work must comply with the Surface Wa- ter Design Manual and must be approved by the Renton Development Services Division. (Ord. 5526, 2-1-2010) 6. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appro- priate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the Surface Water Design Manual may be proposed between the dates of October 1st and April 30th of each year. The Development Services Divi- sion’s approval of this work is required prior to final inspection and approval of the permit. (Ord. 5526, 2-1-2010) 7. Construction Debris: Construction de- bris, such as concrete, lumber, etc., must be removed and not buried on site. 8. Construction Activity Standards – Aquifer Protection Area (APA) Zones 1 and 2: The following standards shall apply to construction activities occurring in the Aquifer Protection Area if construction vehicles will be refueled on site and/or the quantity of haz- ardous materials that will be stored, dis- 4-4-030D (Revised 3/10)4 - 6 pensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, will ex- ceed twenty (20) gallons. Weight of solid haz- ardous materials will be converted to volumes for purposes of determining whether de minimus amount is exceeded. Ten (10) pounds shall be considered equal to one gal- lon. a. Designated Person: There shall be a designated person on site during oper- ating hours who is responsible for super- vising the use, storage, and handling of hazardous materials and who shall take appropriate mitigating actions necessary in the event of fire or spill. b. Secondary Containment: Hazard- ous material storage, dispensing, and re- fueling areas and, to the extent possible, use and handling areas shall be provided with secondary containment in accor- dance with RMC 4-3-050H2d(i), Second- ary Containment – Zones 1 and 2. c. Securing Hazardous Materials: Hazardous materials left on site when the site is unsupervised must be inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on con- struction vehicles, or other techniques may be used if they will preclude access. d. Removal of Leaking Vehicles and Equipment: Construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials shall be removed from the site and the aquifer protection area or repaired in place as soon as pos- sible and may remain on the site in the in- terim only if leakage is completely contained. e. Flammable and Combustible Liq- uids – Storage and Dispensing: Stor- age and dispensing of flammable and combustible liquids from tanks, contain- ers, and tank vehicles into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site shall be in accordance with these standards and the Uniform Fire Code Section 7904.2, as adopted or amended by the City. f. Clean-Up Equipment and Sup- plies: Equipment and supplies adequate for the immediate clean-up of the worst case release shall be stored on the con- struction site in close proximity to hazard- ous materials. g. Unauthorized Releases: Unautho- rized releases as defined in RMC 4-11-210, Definitions U, shall immedi- ately be contained, reported, and cleaned up as required by RMC 4-9-015G, Unauthorized Releases. Con- taminated soil, water, and other materials shall be disposed of according to state and local requirements. h. Application of Pesticides and Fer- tilizer: Application of pesticide and fertil- izer shall be in accordance with the requirements of RMC 4-3-050H3, Use of Pesticides and Nitrates – APA Zones 1 and 2. i. Hazardous Materials Management Statement: A hazardous materials man- agement statement as described in RMC 4-8-120D8, Definitions H, Hazardous Materials Management Statement, shall be submitted to and approved by the De- partment prior to issuance of a permit regulating construction activity in the APA. D. OFF-SITE IMPROVEMENTS: 1. Improvements Required: Whenever a building permit is applied for under the provi- sions of this Code for new construction of a multiple dwelling consisting of three (3) or more units, public assembly, commercial or industrial structure or alteration of an existing structure of said type, in excess of fifty thou- sand dollars ($50,000.00), then the person applying for such building permit shall simul- taneously make application for a permit, as an integral part of such new construction or alteration thereof, for the building and instal- lation of certain off-site improvements, includ- ing but not limited to water mains, drainage, sanitary sewer, all improvements required by the street improvement regulations and the subdivision regulations and all necessary ap- 4-4-030H 4 - 7 (Revised 3/14) purtenances. Such off-site improvements (except traffic signalization systems) shall ex- tend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the afore- said building purposes and which may adjoin property dedicated as a public street. Traffic signalization off-site improvements shall be installed pursuant to the provisions of the subdivision regulations. 2. Design Standards: All sidewalks shall be constructed to the City standards and con- form to standard specifications for municipal public works constructions, commonly known as APWA Standards. Street width and standards for construction shall be specified by the Administrator of the Public Works Department. All plans and specifications for such improvements are to be submitted at the time such application for a permit is made. (Ord. 5450, 3-2-2009) 3. Permits Required: All permits required for the construction of these improvements shall be applied for and obtained in the same manner, and with fees and conditions as specified in RMC Title 9, Public Ways and Property, relating to excavating or disturbing streets, alleys, pavement or improvements. E. CONSTRUCTION OF IMPROVEMENTS REQUIRED PRIOR TO PERMANENT OCCUPANCY PERMIT ISSUANCE: There is hereby added an additional condition to the issuance of any permanent occupancy per- mit. No permanent occupancy permit shall be granted until all on- and off-site improvements re- quired of the project shall be constructed and ap- proved by the City or alternatively deferred or waived pursuant to RMC 4-9-060 or 4-9-250C. F. DEFERRAL OF REQUIRED IMPROVEMENTS: See RMC 4-9-060. G. CHANGE OF USE AND NEW CONSTRUCTION REQUIRES CERTIFICATE OF OCCUPANCY: 1. Certificate of Occupancy Required: No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this Ti- tle until a certificate of occupancy shall have been issued by the Building Inspector. Certif- icate of occupancy for the use of vacant lands or the change in the use of land as herein pro- vided shall be applied for before any such land shall be occupied or used, and a certifi- cate of occupancy shall be issued within ten (10) days after the application has been made, providing such use is in conformity with the provisions of these regulations. 2. Application Required Prior to Permit- ting Excavation: No permit for excavation for any building shall be issued before the ap- plication has been made for certificate of oc- cupancy. See also RMC 4-9-130, Occupancy Permits. 3. Certificate of Use Available Upon Re- quest: Upon a written request of the owner, the Building Inspector shall issue a certificate of occupancy for any building or land existing at the time this Code takes effect, certifying, after inspection, the use of the building or land and whether such use conforms to the provisions of the Code. Where a plat as above provided is not already on file, an ap- plication for a certificate of occupancy shall be accompanied by a survey in duplicate form such as is required for a permit. H. USE OF EXISTING STRUCTURES DURING CONSTRUCTION OF NEW STRUCTURES: 1. Conditionally Authorized: When an ex- isting structure or use is being replaced else- where on a lot, the structure being replaced, if remaining during the interim, shall not be considered as countable or measurable de- velopment under the provisions of this Code when: a. The structure has been condemned as a threat to the public health, welfare, or safety and cannot be reoccupied; or b. The applicant has provided the City with sureties and/or other devices satis- factory to the City Attorney to ensure compliance with lot coverage and other possible requirements prior to the issu- 4-4-030I (Revised 3/14)4 - 8 ance of a certificate of occupancy for the replacement structure(s), or within a rea- sonable period thereafter. 2. Exception for Public Owned or Oper- ated Uses: Unless the Council or Hearing Examiner makes a determination that such a surety device should be provided, no such device shall be required for a public owned or operated use having a “P” suffix designation. I. HABITATION OF TRAVEL TRAILERS OR RECREATIONAL VEHICLES: Except as authorized in RMC 4-9-240, Temporary Use Permits, recreational vehicles, travel trailers, tents, or other temporary shelters shall not be used for habitation. (Ord. 1472, 12-18-1953; Ord. 3106, 1-24-1977; Ord. 3483, 11-10-1980; Ord. 3592, 12-14-1981; Ord. 4523, 6-5-1995; Ord. 4527, 6-12-1995; Ord. 4546, 7-24-1995; Ord. 4703, 2-2-1998; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004) 4-4-040 FENCES AND HEDGES: A. PURPOSE: These regulations are intended to regulate the material and height of fences and hedges, partic- ularly in front yards and in yards abutting public rights-of-way, in order to promote traffic and pub- lic safety and to maintain aesthetically pleasing neighborhoods. The following regulations are in- tended to provide and maintain adequate sight distance along public rights-of-way at intersec- tions and to encourage safe ingress and egress from individual properties. These regulations also encourage the feeling of spaciousness along neighborhood streets and minimize the closed city atmosphere which tall fences along public rights-of-way can create. B. APPLICABILITY: The provisions and conditions of this Section reg- ulating height are not applicable to fences or bar- riers required by State law or by the zoning provisions of this Code to surround and enclose public safety installations, school grounds, public playgrounds, private or public swimming pools and similar installations and improvements. Fences and hedges within the urban separator overlay are also subject to requirements of the Ur- ban Separator Overlay regulations (see RMC 4-3-110). (Ord. 5132, 4-4-2005) C. GENERAL FENCE AND HEDGE REQUIREMENTS: 1. Fence Height – Method of Measure- ment: The height shall be measured from the top elevation of the top board rail or wire to the ground. In cases where a wall is used in- stead of a fence, height shall be measured from the top surface of the wall to the ground on the high side of the wall. 2. Berms: A berm may not be constructed with a fence on it unless the total height of the berm plus the fence is less than the maximum height allowable for the fence if the berm were not present. 3. Grade Differences: Where the finished grade is a different elevation on either side of a fence the height may be measured from the side having the highest elevation. 4. City May Require Modification: Where a traffic vision hazard is created, the City may require a modification to the height limitations and location of fences, hedges or walls to the degree necessary to eliminate the hazard. D. STANDARDS FOR RESIDENTIAL USES: 1. Height Limitations for Interior Lots: a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty-eight inches (48") in height may be allowed within the required front yard subject to these provisions. b. Side Lot Lines: Fences, walls or hedges on interior lot lines of required front yards shall not exceed forty-eight inches (48") in height. Fences, walls or hedges on interior side lot lines not within required front yards may be a maximum of seventy-two inches (72") in height. 4-4-040E 4 - 9 (Revised 3/14) c. Rear Lot Line: A fence or hedge a maximum of seventy-two inches (72") may be located on the rear lot line. 2. Height Limitations for Corner Lots: a. Front Yard Setbacks: Fences, walls or hedges a maximum of forty-two inches (42") in height may be allowed on any part of the clear vision area. Fences, walls, or hedges a maximum of forty- eight inches (48") in height may be al- lowed within any part of the front yard set- back when located outside of any clear vision area on said lot. b. Interior Side Lot Line: Fences, walls or hedges a maximum of seventy- two inches (72") in height may be located on interior side lot lines to the point where they intersect the required front yard set- back, in which case they shall be gov- erned by subsection D.2.a of this Section. c. Side Lot Line Abutting Street: Fences, walls or hedges shall be a maxi- mum of forty-two inches (42") in height within any clear vision area and forty- eight inches (48") in height elsewhere in the front yard setback. The remainder of the fence or hedge shall be a maximum seventy-two inches (72") in height. d. Rear Lot Line: Fences, walls, or hedges a maximum of seventy-two inches (72") in height may be located along the rear lot line except the fence shall be limited to forty-eight inches (48") in height where they intersect the width of the required side yard setback of the side street and where the fence abuts the front yard of an interior lot. (Ord. 5518, 12-14-2009) 3. Gate Required: Residential fences, walls or hedges along rear lot lines of interior lots abutting alleys shall have an access gate to the alley. 4. Electric and Barbed Wire Fences: Elec- tric and/or barbed wire fences may be permit- ted by special administrative fence permit in all residential zones in cases where large do- mestic animals are being kept; provided, that additional fencing or an Administrator ap- proved barrier is erected along the property lines. (Ord. 5578, 11-15-2010; Ord. 5702, 12- 9-2013) E. STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OTHER USES: 1. Location and Maximum Height: A max- imum of eight feet (8') anywhere on the lot provided the fence does not stand in or in front of any required landscaping or pose a traffic vision hazard. 4-4-040F (Revised 3/14)4 - 10 2. Electric Fences: All electric fences shall be posted with permanent signs a minimum of thirty six (36) square inches in area at inter- vals of fifteen feet (15') stating that the fence is electrified. Electric fences and any related equipment and appliances must be installed in accor- dance with the manufacturer’s specifications and in compliance with the National Electrical Code. 3. Barbed Wire Fences: Barbed wire may only be used on top of fences at least six feet (6') high for commercial, industrial, utility and public uses. 4. Bulk Storage Fences: See RMC 4-4-110. 5. Special Provisions: Fences for mobile home parks, subdivisions or planned urban development and for sites which are mined, graded or excavated may vary from these regulations as provided in the respective code sections. (Ord. 5153, 9-26-2005) F. ADMINISTRATIVE REVIEW OF VARIATION FROM HEIGHT RESTRICTIONS: A property owner wishing to vary the height re- strictions or placement of a fence or hedge on a lot may make written application to the Planning Division for an administrative review of the situa- tion. The Department’s staff shall review the ap- plication and prepare a written determination based upon criteria listed in these regulations. (Ord. 5450, 3-2-2009) G. SPECIAL ADMINISTRATIVE FENCE PERMITS: 1. Fences Eligible for Administrative Re- view Process: Persons wishing to have one of the following types of fences may submit a letter of justification, site plan and typical ele- vation together with the permit fee to the De- partment of Community and Economic Development: a. Fences exceeding forty eight inches (48") within front yard or side yards along a street setback but not within a clear vi- sion area. b. Electric fences. c. Barbed wire fences. (Ord. 5450, 3-2-2009; Ord. 5578, 11-15-2010) 2. Evaluation Criteria: The Development Services Division may approve the issuance of special fence permits provided that the fol- lowing objectives can be met: • The proposed fence improves the privacy and security of the adjoining yard space; • The proposed fence does not detract from the quality of the residential en- vironment by being out of scale or creating vast blank walls along public roadways; 4-4-050C 4 - 11 (Revised 3/13) • The proposed fence compliments the environment it serves in an aestheti- cally pleasing manner; and • The proposed fence does not present a hazard to vehicular or pe- destrian traffic. a.Acceptable Measures to Meet Cri- teria: Fences located within the front or side and/or rear yard along a street set- back may be a maximum of seventy two inches (72") in height, provided the eval- uation criteria are met. Acceptable mea- sures to achieve these criteria include, but are not limited to the following: • Permanent landscaping along the front of the fence; • Quality fence material, such as cedar fencing; • Modulation of the fence; • Similar design and material as other fences in the surrounding neighbor- hood; • Increased setbacks from the abutting sidewalk; • Ornamental materials or construction treatment, such as wrought iron; • Orientation of the finished face of the fence toward the street; and • Other comparable construction or design methods. b.Clear Vision Area: The fence pro- posed for special permits must have no portion in the clear vision area over forty two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. (Amd. Ord. 5008, 4-28-2003; Ord. 5676, 12-3-2012) H. COMPLIANCE: Fences which do not comply with these regula- tions must be brought into compliance within six (6) months from the date of notice of fence viola- tion from the City. (Ord. 4056, 4-13-1987) 4-4-050 GARAGE SALES – REQUIREMENTS FOR: A. APPLICABILITY: A garage sale which does not comply with the fol- lowing conditions shall be considered a business and must be brought into compliance with all re- quirements for business uses, including compli- ance with the Zoning Code. B. CONDITIONS: Conditions for garage sales shall include: 1. Maximum Time and Number: Incidental garage sales consisting of no more than one such sale per calendar quarter, and no more than three (3) within the same calendar year and with no such sale continuing for more than two (2) days. 2. Supervision of Vehicles Required: Ga- rage sales shall be supervised and are the re- sponsibility of the occupant or the tenant who occupies the dwelling unit. This person shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the person’s property. 3. Use of Right-of-Way Prohibited: Goods are not to be displayed in public rights- of-way. 4. Signage Installation and Removal Re- quirements: Signs advertising such sales shall not be attached to any public structures, signs or traffic control devices or utility poles. Signs may only be placed on property owned by the person conducting the sale or on prop- erty where an owner gives consent to post such sign. All such signs shall be removed twenty four (24) hours after the sale is com- pleted. 5. Special Restriction for Self Storage Uses in RM-F Zone: No garage, yard, or es- tate sales are allowed from leased storage units. (Ord. 4736, 8-24-1998) C. VIOLATIONS OF THIS SECTION AND PENALTIES: Any person in violation of this Section shall be in- formed in writing of the violation and shall be given fourteen (14) days to comply with this Sec- tion. Following this action, if a subsequent garage 4-4-060A (Revised 3/13)4 - 12 sale is conducted in violation of this Section, each day the sale is conducted shall be considered a separate violation and shall be subject to the fol- lowing penalty. Any person conducting any “garage sale” as de- fined herein in RMC 4-11-070 without being prop- erly licensed therefor or who shall violate any of the other terms and regulations of this Section shall be guilty of a misdemeanor subject to RMC 1-3-1. (Ord. 4493, 1-23-1995; Ord. 5159, 10-17-2005) 4-4-060 GRADING, EXCAVATION AND MINING REGULATIONS: A. PURPOSE: It is the purpose of this Section to: 1. Provide a means of regulating mining, excavation and grading to promote the health, safety, morals, general welfare and esthetics in the City of Renton. 2. Promote the progressive rehabilitation of mining, excavation and grading sites to a suit- able new use. 3. Protect those areas and uses in the vicin- ity of mining, excavation and grading activi- ties against detrimental effects. 4. Promote safe, economic, systematic and uninterrupted mining, excavation and grading activities within the City of Renton. 5. Minimize adverse stormwater impacts generated by the removal of vegetation and alteration of landform in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. 6. Protect water quality from the adverse impact associated with erosion and sedimen- tation in order to comply with the require- ments of the National Pollutant Discharge Elimination System (NPDES) Phase II Munic- ipal Stormwater Permit. (Ord. 5526, 2-1-2010) B. SCOPE: 1. Applicability: All mining, excavation and grading activities within the City of Renton shall be subject to the terms and conditions of this Section. All such activities shall be further in compliance with chapter 78.44 RCW and subject to the terms of this Section. 2. Application Required for Existing Ac- tivities: The owner or operator of such activ- ities in the City at the time of the adoption of this Section shall make the initial application within thirty (30) days and the entire applica- tion within ninety (90) days of the effective date of this Section. 3. Application Required for Activities Annexed into City: The owner or operator of such activities annexed subsequent to the adoption of this Section shall make the initial application within thirty (30) days and the en- tire application within ninety (90) days from the date of annexation. 4. Time for Compliance: All such existing activities shall comply fully with all provisions of this Section within the period of time estab- lished by this Section except such activities which are not existing at the date of the adop- tion of this Section shall conform to all provi- sions of this Section prior to the beginning of their operation. C. GENERAL: 1. Landscaping: Existing vegetation in any required setback shall be preserved or land- scaping shall be planted to prevent erosion and reduce the dust, mud and noise gener- ated on the proposed reuse of the site. Around the periphery of the site, except where the proposed reuse of the site requires the lack of vegetation, the applicant shall landscape in such a manner as to result in reasonable screening. Trees planted shall be at least four feet (4') in height. In those areas that have been rehabilitated and are desig- nated to be planted according to the pro- posed reuse of the site, the appropriate plantings shall be done as soon as possible to provide mature plants for the new use. 2. Screening: With the exception of offices, every effort shall be made to screen effec- tively all structures and activities to minimize 4-4-060D 4 - 13 (Revised 3/13) detrimental effects on adjacent or abutting property. Screening may include but is not limited to landscaping, berms with landscap- ing, and a screening fence. (Ord. 5676, 12-3-2012) 3. Natural Stream Courses: Every effort shall be made to preserve perennial and in- termittent streams and their surrounding veg- etation. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4. Hydroseeding Required: Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appro- priate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the Surface Water Design Manual may be proposed between the dates of October 1st and April 30th of each year. The Development Services Divi- sion’s approval of this work is required prior to final inspection and approval of the permit. (Ord. 4703, 2-2-1998; Ord. 5526, 2-1-2010) 5. Conformance with RCW: This Section conforms to the requirements of chapter 78.44 RCW which regulates surface mining in the State of Washington. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 6. Notification of Noncompliance: It shall be the responsibility of the certifying engineer on any grading project to advise immediately any discrepancies, hazardous conditions or problems affecting safety and stability of the project to the person in charge of the grading work and subsequently in writing to the grad- ing operator and to the Building Department. Recommendations for corrective measures, if necessary, shall be provided in the correc- tion notices. 7. Transfer of Responsibility for Work: If at any time the grading operator changes the certifying engineer or a different ownership or responsible party occurs, the operator shall notify the Building Department in writing within ten (10) days and shall specify the new civil engineer or owner. The owner or grading operator shall not be relieved of any respon- sibility relative to the safety and conduct of a grading operation by virtue of changing engi- neering advisors. 8. Stop Work Order: Should hazardous conditions occur in either engineered grading or regular grading, the Building Department inspector shall have the responsibility and authority to issue a partial or total stop work order. 9. Emergency Permits: Upon application to the Development Services Division, sup- ported by those plans adequate for the Direc- tor of the Development Services Division to make a decision, there may be declared an emergency and the Director may issue an emergency fill and grade permit. In order for there to be declared an emergency, there must be a declaration from a State or Federal regulatory agency that an emergency condi- tion exists that threatens public safety, health or welfare, or the Development Services Divi- sion Director must be presented with inde- pendent evidence that there exists an emergency that imminently threatens public safety, health or welfare, and further that there exists inadequate time to obtain a fill and grade permit. Before the emergency per- mit can be issued, the Director must ensure that environmental review has been com- pleted by the Environmental Review Commit- tee or is under the supervision of a Federal or State agency that has conducted environ- mental review. As part of any emergency grading, the applicant for an emergency per- mit must provide a disposal plan of the mate- rials satisfactory to the Director, including routing of any vehicles transporting any con- taminated, dangerous or toxic materials. Any fill to be installed must comply with the re- quirements of this Section concerning the contents of the fill. An emergency fill and grading permit shall be for the minimum time and minimum volume necessary to avoid the emergency. (Ord. 4102, 12-14-1987, eff. 12-19-1987) D. GENERAL EROSION AND SEDIMENT CONTROL STANDARDS: 1. Erosion and Sediment Control Re- quired: A person who clears, grades or oth- erwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, 4-4-060E (Revised 3/13)4 - 14 water resources and adjacent properties. Erosion and sediment controls shall be ap- plied as specified by the temporary erosion and sediment control measures and perfor- mance criteria and implementation require- ments in the Surface Water Design Manual adopted in accordance with RMC 4-6-030. 2. Seasonal Limitations: From October 1st through April 30th, which is the seasonal limitation period, clearing and grading shall only be permitted if shown to the satisfaction of the Director that runoff leaving the con- struction site will comply with the erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual through a combination of the following: a. Site conditions including vegetative coverage, slope, soil type and proximity to receiving waters; and b. Proposed limitations on activities and the extent of disturbed areas; and c. Proposed erosion and sedimentation control measures. 3. Expansion or Restriction of Seasonal Limitations: Based on the information pro- vided under subsection D1 of this Section, the Community and Economic Development Administrator may expand or restrict the sea- sonal limitations on site disturbance. The Ad- ministrator shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. (Ord. 5676, 12-3-2012) 4. Approved Erosion and Sediment Con- trol Plan Required: During the seasonal lim- itation period, clearing and grading will be allowed only if there is installation and main- tenance of an erosion and sedimentation control plan approved by the City of Renton Development Services Division that defines any limits on clearing and grading or specific erosion and sediment control measures re- quired during the seasonal limitation period. The Development Services Division may re- quire or approve alternate best management practices. 5. Violation: If, during the course of con- struction activity or soil disturbance during the seasonal limitation period, silt-laden run- off violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the ap- proved plan are not maintained, the depart- ment inspector shall have the responsibility and authority to issue a partial or total stop work order. 6. Continued Violation: If the erosion and sediment control problem defined in the stop work order is not adequately repaired within twenty four (24) hours of issuance, then a no- tice and order may be issued to install ade- quate erosion and sediment control measures to stop silt-laden runoff from leav- ing the site. The order may also require the property owner to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, un- til the following April 30th. (Ord. 5526, 2-1-2010) E. BOND REQUIRED TO COVER COSTS OF REHABILITATION: The Development Services Division shall require bonds amounting to one and one-half (1-1/2) times the estimated cost of rehabilitation to as- sure that the work, if not completed or proceeding in accordance with the approved plans and spec- ifications, shall be corrected. Such a bond shall be approved by the City Attorney and filed with the City Clerk. In lieu of a surety bond, the appli- cant may file a cash bond or instrument of credit with the City Clerk in an amount equal to that which would be required in the surety bond. The bond shall be conditioned upon the faithful perfor- mance of the requirements as set forth in this Section. Any reclamation bonds posted with the State Department of Natural Resources for sur- face mining permits may be applied on the bond requirements, insofar as they pertain to the recla- mation provisions of this Section. (Ord. 5526, 2-1-2010) F. INSPECTION: 1. Inspection Authorized: All operations regulated by this Section shall be subject to inspection by authorized Development Ser- vices Division inspection personnel. When extraordinary or special problems or condi- tions are involved, extra inspection of grading 4-4-060H 4 - 15 (Revised 3/13) operations and special tests may be ordered by the City. 2. Entry to be Permitted: No owner or oc- cupant or any other person having charge, care or control of any building, land, structure, premises or portion thereof shall fail or ne- glect, after proper demand, to promptly per- mit lawful entry thereon by the Development Services Division inspection personnel for the purpose of inspection and examination pursuant to this Section. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 5526, 2-1-2010) G. RESTORATION OF HAZARD REQUIRED: Whenever the Community or Economic Develop- ment Administrator determines that an existing site, as a result of clearing or grading, excavation, embankment, or fill has become a hazard to life and limb, or endangers property, or adversely af- fects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the clearing, grading, excavation or fill is lo- cated, or other person or agent in control of said property, upon receipt of notice in writing from the Administrator, shall within the period specified therein restore the site affected by such clearing or grading or repair or eliminate such excavation or embankment or fill so as to eliminate the haz- ard and be in conformance with the requirements of this Chapter. (Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012) H. ENGINEERING GRADING REQUIREMENTS: 1. Reports Required: Soil engineering and engineering geology reports shall be required as defined in RMC 4-11-190E and 4-11-190S. During grading all necessary reports, com- paction data and soil engineering and engi- neering geology recommendations shall be submitted to the civil engineer and the Public Works Department by the soil engineer and the engineering geologist. The Public Works Department may waive reports for minor grading operations. 2. Civil Engineer Responsibilities: For purposes of preparing and/or approving engi- neered grading plans, the engineer shall be a professional engineer registered in the State to practice in the field of civil works. The civil engineer shall be responsible for the plans, any special soil engineering and testing re- ports, design of drainage facilities and struc- tures, and be competent to recommend and obtain special tests, survey data, and geolog- ical or hydraulic reports should they be nec- essary. The civil engineer shall provide an acceptable plan and report based on good engineering practices and the requirements designated by the Public Works Department. He shall, upon return of his plans, provide any corrections necessary and corrected copies for use of the City in reviewing the grading work. The civil engineer shall be responsible for reporting monthly or more frequently on forms provided by the Public Works Depart- ment: a. Extent and location of grading. b. All tests made or taken in conjunction with the grading operation. c. Extent of drainage, structure, and safety activity report on the project. d. Any special testing, as-built plans or revised requests necessary. In addition, he shall certify to the safety and stability of the slopes, safety earthwork oper- ation, and special problems which might oc- cur. 3. Soil Engineer Responsibilities: The soil engineer’s area of responsibility shall in- clude but need not be limited to the profes- sional inspection and certification concerning the preparation of ground to receive fills, test- ing for required compaction, stability of all fin- ish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. 4. Engineering Geologist Responsibili- ties: The engineering geologist’s area of re- sponsibility shall include but need not be limited to professional inspection and certifi- cation of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4-4-060I (Revised 3/13)4 - 16 5. Building Division Responsibilities: The Building Division shall inspect the project at frequent intervals to determine that ade- quate control is being exercised by the oper- ator and the civil engineer. Should hazardous conditions occur, the Building Department in- spector shall have the responsibility and au- thority to issue a partial or total stop work order. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981) 6. Specifications: A fence six feet (6') in height with openings no larger than two inches (2") (other than gates) may be re- quired for safety reasons completely around any area worked upon for which a permit is is- sued for engineered grading prior to com- mencing any other work. All gates shall be locked when not in use and shall bear a sign denoting danger. 7. Setbacks: Engineered grading sites may be required to have a peripheral area a max- imum of seventy five feet (75') in width which shall be retained in its natural topographic condition. The setback area shall be used for, but is not limited to, access roads, planting, fencing, landscaped berms for screening pur- poses, employee and visitor parking, offices, directional signs and business signs identify- ing the occupant. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) I. REGULAR GRADING REQUIREMENTS: 1. Inspection, Testing and Reports: In- spection and testing by an approved testing agency including certification of the exca- vated or filled areas may be required by the Building Division at any time the City’s autho- rized inspectors believe problems may occur. Should special problems be indicated in reg- ular grading, the Building Division may re- quire the owner or operator to submit engineering reports similar to engineered grading and may specify a time period for compliance to prevent undue hazard. (Ord. 5526, 2-1-2010) J. WORK IN PROGRESS: 1. Maximum Slopes – Work in Progress: No slopes greater than one horizontal to one vertical will be permitted for cuts, fills, or dur- ing excavations that exceed ten feet (10') in height without physical restraint by timbering or approval by the Building Department of an engineering or geologist report assuring slope will maintain its shape without undue risk of failing. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 4835, 3-27-2000) 2. Safety: Workmen shall be allowed in the vicinity of the toe or top of slope only after close visual inspection of slope to assure safety against breakage or sliding. 3. Clearing and Rounding Tops of Slopes: All trees, timber, stumps, brush or debris shall be cleared to a point at least ten feet (10') back from the top of any slope in- volving cuts greater than ten feet (10'). After excavation, the top of all slopes shall be rounded to prevent a sheer breaking point. 4. Property and Setback Location: Prop- erty location and approved setbacks must be established and stakes set under the supervi- sion of a registered land surveyor. These stakes must be maintained in place until final inspection of work so that the inspector can determine at any time if the excavation is properly located as related to the property lines. 5. Maximum Noise Levels: Noise levels at all operations shall be controlled to prevent undue nuisance to the public. Maximum al- lowable daytime sound pressure as mea- sured in any residential zone shall not exceed the following at least ninety percent (90%) of the time between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m. SOUND PRESSURE LEVELS (Ord. 2820, 1-14-1974, eff. 1-19-1974) 6. Permitted Work Hours: All mining, ex- cavation and grading work done in residential FREQUENCY BAND IN CYCLES/SECOND SOUND PRESSURE LEVEL IN DECIBELS re. 0.0002 MICROBAR 25 – 300 80 300 – 2,400 70 Above 2,400 60 4-4-060J 4 - 16.1 (Revised 3/13) areas or within three hundred feet (300') of residential areas shall be between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through Friday, except repairs to machinery. Work may be permitted (Revised 3/13)4 - 16.2 This page left intentionally blank. 4-4-060L 4 - 17 (Revised 3/10) on Saturdays and Sundays only if approved in writing in advance by the Development Services Division Director. The Director is au- thorized to grant an extension of working time during an emergency. An emergency shall in- clude but is not limited to natural and man- made disasters. (Ord. 3592, 12-14-1981, Amd. Ord. 4703, 2-2-1998) 7. Compliance with Pollution Control Regulations: Discharge of materials into the air or water shall be subject to the require- ments of the appropriate governing agency. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 8. Control of Dust and Mud: Activities shall be operated so as to reduce dust and mud to a minimum. Unless otherwise speci- fied by the Public Works and Building Depart- ments, operations shall be conducted in accordance with the following standards: a. Access Roads: Access roads shall be maintained in a condition that confines the mud and dust to the site. Such roads shall be improved to a width sufficient to permit the unhindered movement of emergency vehicles. One-way roads shall have by-pass routes to permit the movement of emergency vehicles. b. Dozing and Digging: Dozing, dig- ging, scraping and loading of excavated materials shall be done in a manner which reduces to the minimum level pos- sible the producing of dust and mud. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981) 9. Soil Erosion and Sedimentation: Soil erosion and sedimentation shall be confined to the site by such means as a temporary cover of vegetation, mulches, diversions, sedimentation ponds or other acceptable methods. No toxic materials shall be allowed to wash from the site or be discharged into re- ceiving watercourses. (Amd. Ord. 4963, 5-13-2002) 10. Appearance: All activities under the ju- risdiction of this Section shall be operated and maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound con- ditions, in good repair and appearance. Sal- vageable equipment stored in a nonoperating condition shall be suitably screened or ga- raged. Landscaping adjacent to and around the main entrance(s) and office shall be suffi- ciently watered and cared for to insure its health and well-being. (Ord. 5526, 2-1-2010) K. SURFACE WATER: 1. Polluted or Stagnant Water Prohib- ited: Under no circumstances shall stagnant or polluted waters be permitted in any site. Should these waters accumulate, remedial measures such as draining or backfilling shall be taken as corrective action. Backfill mate- rial shall be placed to a point one foot above the water table. 2. Minimum Lake Depth: Lakes formed in areas which may be used for recreational purposes shall be of such depth that shall in- hibit the growth of vegetative matter in the water. A minimum two foot (2') depth of water shall be maintained in these areas. The res- toration of any site which results in the forma- tion of a lake shall be the result of careful planning and shall take into consideration all factors which contribute to the ultimate ecol- ogy of the site. 3. Maximum Bank Slopes Adjacent to Lake: All banks, adjacent to any body of water created, shall be sloped or stepped as follows to permit a person to escape from the water: a. Unconsolidated Material: Soil, sand, gravel and other unconsolidated materials shall be sloped to two feet (2') below the low groundwater line at a slope no steeper than one and one-half feet horizontal to one foot vertical (1.5':1'). (Ord. 5526, 2-1-2010) L. TOP AND TOE SETBACKS: 1. Setbacks – Minimum: The tops and toes of cut and fill slopes shall be set back from setback lines as far as necessary to pre- serve the setback for the safety and benefit of adjacent properties, the adequacy of founda- tions, and to prevent damage as a result of water runoff or erosion of the slopes. 4-4-060M (Revised 3/10)4 - 18 Setbacks shall be no less than the following: a. Tops of Slopes: Distance to the set- back line for the top of slopes shall be a minimum of ten feet (10'). b. Structures: Distance to structures, if any structures on the site shall be as fol- lows: (Ord. 5526, 2-1-2010) M. CUTS: 1. General: Unless otherwise recom- mended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this Section. 2. Maximum Slope: The slope of cut sur- faces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifi- cations), cut operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of perma- nent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., pro- tected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 3. Drainage and Terracing: Drainage and terracing shall be provided as required by subsection N of this Section. (Ord. 5526, 2-1-2010) N. FILLS: 1. Applicability and Exemptions: Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with accept- able slopes. 2. Fill Location: Fill slopes shall not be constructed: a. On natural slopes steeper than two- and-one-half horizontal to one vertical (2.5:1) that are fifteen feet (15') or greater in height (except in conjunction with a modification granted per RMC 4-9-250D1 for filling against the toe of a natural rock wall – see RMC 4-3-050N2a(ii)(b)); or b. Where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are fif- teen feet (15') or greater in height and steeper than two-and-one-half horizontal to one vertical (2.5:1). (Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000) 3. Preparation of Ground: The ground sur- face shall be prepared to receive fill by remov- ing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound bedrock or other competent material. 4. Fill Material: Fill materials shall have no more than minor amounts of organic sub- stances and shall have no rock or similar irre- ducible material with a maximum dimension greater than eight inches (8"). Fill material shall meet the following requirements: a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste ex- cept that this requirement does not pre- clude the use of recycled concrete rubble per Washington State Department of Transportation Standard Specifications Slope Height Top Toe Less than 11' 5' 3' 11 – 30.9' 7' Height/2' 31' and over 10' 15' 4-4-060N 4 - 19 (Revised 3/10) for Road, Bridge, and Municipal Con- struction. b. Cleanliness of Fill Material: Fill ma- terial shall not contain concentrations of contaminants that exceed cleanup stan- dards for soil specified in WAC 173-340-740, Model Toxics Control Act. c. Special Requirement for Projects Located in Zone 1 of the Aquifer Pro- tection Area and Which Will Involve Placement of More than Fifty (50) Cu- bic Yards of Imported Fill: A source statement certified by a professional en- gineer or geologist licensed in the State of Washington shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The source statement, as de- fined in RMC 4-8-120D19, shall be re- quired for each source location from which imported fill will be obtained. d. Special Requirement for Projects Located in Zone 2 of the Aquifer Pro- tection Area and Which Will Involve Placement of More than One Hundred (100) Cubic Yards of Imported Fill: The source statement described in RMC 4-8-120D19 is required for each source location from which imported fill will be obtained. e. Abbreviated Source Statement for Aquifer Protection Area: The Depart- ment may accept a source statement, as defined in RMC 4-8-120D19, that does not include results of sampling and anal- ysis of imported fill if a professional geol- ogist or engineer licensed in the State of Washington certifies that the source loca- tion from which fill will be obtained has never been filled, developed, or sub- jected to use that could have introduced chemical contamination to the site. f. Department Authority to Request Additional Information or Reject Certi- fied Source Statement: The Depart- ment has the authority to request addi- tional information regarding imported fill material and the source thereof and to re- ject a source statement or abbreviated source statement if they do not demon- strate that the fill material to be imported to a project site meets fill material stan- dards in subsections L4a and L4b of this Section and/or the Department has rea- son to suspect that the fill material could be contaminated. Such requests or rejec- tions shall be made in writing to the appli- cant. g. Source Statement Not Required for Imported Fill Obtained from Wash- ington State Department of Transpor- tation Approved Source: The source statement defined in RMC 4-8-120D19 is not required for those projects located in the aquifer protection area if documenta- tion is provided that imported fill will be obtained from a Washington State De- partment of Transportation approved source. (Amd. Ord. 4851, 8-7-2000) h. Sampling and Analysis Proce- dures: The licensed professional engi- neer or geologist or person under their supervision who samples earth materials to be used as imported fill, oversees analysis, and prepares the source state- ment required by subsections L4c and L4d of this Section shall follow proce- dures specified in WAC 173-340-820 and 173-340-830 of the Model Toxics Control Act Cleanup Regulation. i. Permittee Subject to Required Ac- tions after Illegal Placement of Im- ported Fill: A permittee who stockpiles or grades imported fill at the site without Department review and acceptance of the source statement required by sub- sections L4c and L4d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality stan- dards of subsections L4a and L4b of this Section is subject to measures specified by the Department to reduce risk of con- tamination of the site due to illegal place- ment of fill. Such measures may include, but are not limited to, any or all of the fol- lowing and shall be implemented at the permittee’s expense: i. Provide the Department with the source statement defined in RMC 4-8-120D19 within a time-period specified by the Department; 4-4-060O (Revised 3/10)4 - 20 ii. Immediately cover fill with a wa- terproof cover; iii. Immediately remove fill; iv. Installation of monitoring wells and monitoring of ground water qual- ity; v. Remediation of contamination of the site caused by the illegal place- ment of fill according to a schedule specified by the Department and in accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act Cleanup Regulation, chapter 173-340 WAC. j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L4a and L4b of this Section, then it may require the permittee to ac- complish any or all of the measures listed in subsection L4i of this Section at his or her own expense. k. Department Authority to Imple- ment Removal and Remediation Mea- sures: The Department or its authorized agents shall have the authority to imple- ment measures listed in subsection L4i of this Section if the permittee fails to ac- complish such measures in a timely man- ner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. (Amd. Ord. 4740, 7-19-1999; Ord. 4992, 12-9-2002) 5. Minimum Compaction: All fills shall be compacted to a minimum of ninety five per- cent (95%) of maximum density as deter- mined by American Public Works Association (APWA) specifications. Field density shall be determined in accordance with APWA stan- dards. 6. Maximum Slope: The slope of fill sur- faces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250D1 for one of the circumstances listed in RMC 4-3-050N2a(ii) (Geologic Hazards – Modifi- cations), fill operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of permanent slopes forty percent (40%) or greater which are fifteen feet (15') in height, i.e., protected slopes, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 7. Drainage and Terracing: Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be as required by subsection N of this Section. (Ord. 5526, 2-1-2010) O. SOLID WASTE FILLS: 1. Reports Required: Reports by an engi- neer qualified in solid and sanitary waste fills shall be required. Such reports shall include but are not limited to design; insect and ver- min control, physiological considerations; sight, noise and odor control of material; spe- cial ingress and egress control for equipment; and special drainage requirements. These reports shall be in addition to those required elsewhere in this Section. 2. Report Contents: The engineering re- ports submitted shall include plans and means of preventing and eliminating any health hazards and visual problems. All phases of sanitary landfill operations and solid waste fills shall be provided in the engi- neering report, including type, nature, and amount of equipment, manpower, special precautions, chemical usage and availability of granular material for the coverage of the cell material. Bonding requirements, restric- tions on noise, dust and mud, special fencing requirements, special precautions required and availability of twenty four (24) hour in- spection and correction of hazards shall be provided by operator agreement with the City prior to any consideration for either a sanitary landfill or solid waste fill. 3. General: Unless specific requirements are mentioned in this Section, the require- ments of subsection L of this Section shall be followed. 4-4-060O 4 - 21 (Revised 3/10) 4. Location: Special attention shall be given to solid waste and/or sanitary fill loca- tion to prevent undue hazard. 5. Cell Cover: Cell construction on any solid waste fill shall consist of at least a six inch (6") noncontaminated uniformly graded granular cover material covering the entire area of the cell construction. Each cell shall be covered the same day it is constructed. 6. Compaction: Compaction of the solid waste or sanitary fill material and mixture of the material shall be such as to provide a rel- atively uniform density with no extreme soft spots. Density of compacted cellular solid waste material shall be as high as possible in accordance with good mixing compacting standards and shall at no time be less than forty percent (40%) of the density of a similar sample of material compacted under ideal conditions by providing a fifty (50) pound per square foot surcharge on a one cubic foot sample of the material. 7. Bulk Items: Solid waste materials of bulk items involving metallic units similar to refrig- erators, stoves, car bodies, water tanks, heavy timber items and similar items shall be placed in the lower portion of a cell with suffi- cient cover and compaction of cover to pre- clude any dangerous voids. 8. Building Debris and Flammable Mate- rial: Broken wood, building material and re- lated debris from structure removal (exclusive of brick and concrete) shall be sat- isfactorily broken and crushed to provide a reasonably compacted cell when covered by granular material. Protection shall be pro- vided for any wood or burnable material to prevent fire either on the surface or subsur- face. The earth cover on any cell containing flammable material including paper, wood, or vegetable products shall be sufficiently cov- ered to prevent spread of flames should com- bustion occur in any cell due to spontaneous combustion. 9. Stabilization: Brick, broken concrete, crushed building materials, not including ex- tensive wooden or flammable matter, may be utilized in embankment where they may be of assistance in preventing undue sliding, water scouring or voids which might harbor vermin. This material shall be sufficiently mixed or covered with suitable granular material to prevent unsightly effects. 10. Animal Waste: Animal waste shall be provided with suitable cover and sterilization to prevent decay odors, build up of flammable gasses, or possible leaching of putrescible material. Chemical treatment shall be pro- vided to prevent insect habitation. 11. Treated Fill: Materials such as hay, straw, tree limbs and brush, vegetable farm waste, feathers, rubber tires, wood pulp, chemical substances, industrial waste, and silage type material may need special treat- ment before utilization in a solid waste or san- itary landfill. Special request and reports shall be made on waste materials of the foregoing types prior to placement in landfills. 12. Prohibited Fill: No materials of appre- ciable volume of an extremely harmful nature to environment shall be placed in any solid waste or sanitary landfill. This includes, but is not limited to, any form of demolition material of an explosive nature, any volatile or liquid petroleum product, any chemical salts or sol- uble material which would contaminate storm- water, surface water or air, and any animal meat or semisolid fruit or grain products which might become rancid, putrescible or harmful. No provisions of the sanitary landfill or solid waste fill requirements shall preclude the use of nonharmful native clay, sand, rock, or nor- mal fill type materials in filling operations cov- ered under other subsections of this Section. 13. Drainage: Special attention shall be provided drainage in any solid waste or sani- tary landfill to prevent leaching of noxious or putrescible materials, decaying nuisance, any contamination of normal watercourses. Where water might leach through the con- struction cells, subdrains, lateral collectors and storage ponds shall be provided. Leach water from solid waste shall not be permitted to percolate downward into the water table. Leach water shall be collected and conveyed to a sewage treatment plant. 14. Water Disposal: Any leach water com- ing from covered sanitary or solid waste fill cells shall be collected, stored and decontam- inated by suitable chemical or other means and then disposed of in a sanitary sewer. Should suitable collection facilities, sand fil- 4-4-060P (Revised 3/10)4 - 22 ters and chemical-cleaning be provided to prevent any toxicity and reduce the leach wa- ter to an equivalent of normal storm flow, the Public Works Department may permit dis- posal through normal stormwater facilities. Frequent samples of all water collected shall be taken, and flow conditions shall be con- trolled to prevent contamination or overload- ing of either the sanitary or stormwater facilities. Surface runoff in any sanitary pit or solid waste landfill shall be maintained sepa- rately to prevent contamination by leaching. 15. Special Considerations: Special pav- ing, surface protection, and related health re- quirements may be imposed on sanitary landfill and solid waste operations. 16. Prohibited Activities: No junk picking or field salvaging of any solid waste or sani- tary landfill items shall be allowed in the vicin- ity of the landfill. Any separation of materials for salvage shall be provided at the collection point or an approved transfer site prior to dis- posal at the landfill site. (Ord. 5526, 2-1-2010) P. DRAINAGE: 1. General: Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Section. Special drainage protection work may be ordered in case of emergency or serious potential flooding conditions, and the grading operator required to have available an employee to be called in times of potential serious emergency hazards. 2. Terrace: Terraces at least eight feet (8') in width shall be established at no more than twenty five foot (25') intervals to control sur- face runoff. Suitable access shall be provided to permit cleaning and maintenance. a. Swales: Swales or ditches on the back side of the terrace shall have a max- imum longitudinal gradient of two percent (2%) unless protected by special paving, use of corrugated metal or other scour prevention devices. Drainage shall be designed to minimize trapping of exces- sive water which might endanger the ter- race. Terraces shall slope toward the back or cut face at a minimum of ten per- cent (10%) slope to keep water from overtopping. b. Scouring: Single run of swale or ditch shall not collect runoff from a tribu- tary area exceeding thirteen thousand five hundred (13,500) square feet of the area of the face of the slope without dis- charging into a down drain. Down drains shall terminate into a catch basin or other approved receiver to prevent scouring at the outfall. c. Capacity: Designed capacity for ter- races shall be a twenty four (24) hour, twenty five (25) year storm as published by the U.S. Weather Bureau. Design ve- locity shall be such as to avoid water transporting colloidal silts in the stream. Should request be made for variation from the twenty four (24) hour, twenty five (25) year storm by the engineering de- signer, sufficient data shall be submitted in an engineering report to analyze the re- quested variation. When accumulated flows are such that the water is capable of transporting colloidal silts or other parti- cles in suspension down drains, pipe or lined ditches shall be incorporated to dis- pose of the runoff safely. Energy dispers- ing structures shall be used to prevent erosion. d. Settling Ponds: Where stormwater and ground conditions appear to warrant, special holding and settling ponds, stormwater storage reservoirs, or other means may be required to prevent over- load or unusual by-pass of storm flow wa- ter to areas off the owner’s site and control. 3. Subsurface Drainage: Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 4. Disposal: All drainage facilities shall be designed to carry waters to the nearest prac- ticable drainage way approved by the City and/or other appropriate jurisdiction as a safe place to deposit such waters. Silt and other debris shall be removed prior to the disposal of such water. If drainage facilities discharge onto natural ground, riprap may be required. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 4-4-060R 4 - 23 (Revised 8/10) a. Minimum Grade: At least two per- cent (2%) gradient toward approved drainage facilities from building pads will be required unless waived by the Build- ing Department for nonhilly terrain. Ex- ception: The gradient from the building pad may be one percent (1%) where building construction, and erosion control will be completed before hazardous con- ditions can occur. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) b. Drainage Releases: The property owner or his authorized agent shall sub- mit acceptable copies of drainage re- leases from downstream owners or other government agencies concerned when- ever drainage is interrupted, diverted or changed from natural surface or subsur- face drainage patterns. c. Stream Acceptance: The volume and rate of water released shall not ex- ceed the receiving stream’s or water- course’s ability to accept the water without erosion. 5. Overland Runoff: Runoff from areas of higher elevation shall be safely routed around or through the extraction or fill area. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) Q. SLOPES: 1. General: The faces of cut and fill slopes shall be provided and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practica- ble and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted with the permission of the Building Depart- ment, provided that this protection is not re- quired by the rehabilitation plan. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) 2. Other Devices: Where necessary check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety, and control the rate of water runoff. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Ord. 5526, 2-1-2010) R. FINAL REPORTS: 1. Plans and Reports: Upon completion of the rough grading work and at the final com- pletion of the work, the Development Ser- vices Division may require the following reports and drawings and supplements thereto: (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) a. As-Graded Grading Plan: An as- graded grading plan prepared by the civil engineer including original ground sur- face elevations, as-graded ground sur- face installations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. b. Soil Grading Report: A soil grading report prepared by the soil engineer in- cluding locations and elevations by field density tests, summaries of field and lab- oratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the soil en- gineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use. c. Geologic Grading Report: A geo- logic grading report prepared by the engi- neering geologist including a final description of the geology of the site in- cluding any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors. (Ord. 2820, 1-14-1974, eff. 1-19-1974) 2. Notification of Completion: The permit- tee or his agent shall notify the Development Services Division when the grading operation is ready for final inspection. Final approval shall not be given until all work including in- stallation of all drainage facilities and their 4-4-060S (Revised 8/10)4 - 24 protective devices and all erosion control measures have been completed in accor- dance with the final approved grading plan and the required reports have been submit- ted. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981; Ord. 5526, 2-1-2010) S. PERMITS AND FEES REQUIRED: 1. Submittal Requirements and Fees: Grading, excavation and mining permits and licenses are required per RMC 4-9-080 for major and minor activities. Submittal require- ments are listed in RMC 4-8-120, Submittal Requirements – Specific to Application Type. Application fees are listed per Chapter 4-1 RMC, Administration and Enforcement. 2. Threshold for Drainage Review: A per- son applying for a grading, excavation and mining permit and license shall be required to comply with all drainage review requirements per RMC 4-6-030 if the project results in seven thousand (7,000) square feet or more of land disturbing activity. 3. Plans and Calculations Required: Submittal of plans and supportive calcula- tions shall be in accordance with RMC 4-6-030. (Ord. 4963, 5-13-2002; Ord. 5526, 2-1-2010) T. APPEALS: If the applicant does not concur with the require- ments of the Development Services Division, he has the prerogative of appealing to the Hearing Examiner pursuant to RMC 4-8-110. (Ord. 3592, 12-14-1981; Amd. Ord. 4963, 5-13-2002; Ord. 5526, 2-1-2010) U. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5526, 2-1-2010) 4-4-070 LANDSCAPING: A. PURPOSE AND INTENT: The purpose of these landscape requirements is to establish consistent and comprehensive land- scape provisions to preserve and enhance the landscape character of the City; to improve the aesthetic quality of the built environment; to mini- mize erosion and reduce the impacts of develop- ment on natural areas within the City and on storm drainage systems and water resources in particular; to protect existing street trees; to pro- vide shade, reduce noise and glare, and establish a healthier environment; to provide transitions be- tween various land uses; improve and soften the appearance of parking areas; to ensure plant es- tablishment and survival; to increase privacy and protection from visual or physical intrusion; and to maintain and protect property values, and gener- ally enhance the overall image and appearance of the City and quality of life for its citizens. It is not the intent of these regulations that rigid and inflexible design standards be imposed, but rather that minimum standards be set. It is ex- pected that accepted horticultural practices and landscape architectural principles will be applied by design professionals. B. APPLICABILITY: 1. The requirements of this Section shall apply to the entire site and/or all parking ar- eas in any of the following cases: a. All subdivision including short plats; or b. All new buildings; or c. Additions to existing buildings that in- crease the gross square footage of the building by greater than one third; or d. Conversion of vacant land (e.g., to parking or storage lots); or e. Conversion of a residential use to a non-residential use; or f. Other changes in the use of a prop- erty or remodel of a structure that re- quires improvements equal to or greater than fifty percent (50%) of the assessed property valuation. C. EXEMPTIONS: 1. CD Zone: All development in the CD zone is exempt from all but the maintenance 4-4-070F 4 - 25 (Revised 3/13) of any existing landscaping and street tree re- quirements of this Section. 2. The following uses are exempt from all but the maintenance and street tree require- ments of this Section: a. Single Family Building Permits: Single family residential building permits, when not a part of a new subdivision; b. Residential Subdivisions: Those yards not abutting a public street or pri- vate street or shared driveway are ex- empt from landscape regulations; c. Vehicle Sales Parking: Non-perim- eter portions of vehicle sales display ar- eas are exempt; d. Storage Lots: Non-perimeter por- tions of storage lots, see RMC 4-4-120; and e. Those alterations or small additions determined by the Community and Eco- nomic Development Administrator not to warrant improvements to the entire site. (Ord. 5676, 12-3-2012) D. PLANS REQUIRED AND TIMING FOR PLANS SUBMITTAL: Conceptual as well as detailed landscaping plans are required for all non-exempt development. Specific submittal requirements shall be as indi- cated in RMC 4-8-120, Submittal Requirements. The conceptual plans must be submitted at the time of land use permit application. Detailed land- scape plans must be approved prior to issuance of a building permit or, for subdivisions, prior to street or utility construction permit issuance. E. AUTHORITY: All plans and landscaping required by this Section are subject to approval by the Community and Economic Development Administrator. (Ord. 5676, 12-3-2012) F. AREAS REQUIRED TO BE LANDSCAPED: 1. Street Frontage Landscaping Re- quired: Ten feet (10') of on-site landscaping is required along all public street frontages, with the exception of areas for required walk- ways and driveways and those zones with building setbacks less than ten feet (10'). In those cases, ten feet (10') of landscaping shall be required where buildings are not lo- cated. 2. Street Trees and Landscaping Re- quired Within the Right-of-Way on Public Streets: Minimum planting strip widths be- tween the curb and sidewalk are established according to the street development stan- dards of RMC 4-6-060. Street trees and, at a minimum, groundcover per subsection L2 of this Section, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one street tree planted per address. Any additional undeveloped right-of-way areas shall be landscaped un- less otherwise determined by the Administra- tor. Refer to the City’s Approved Tree List and spacing standards available through the De- partment of Community and Economic De- velopment and on the City’s website. (Ord. 5676, 12-3-2012) 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard: Where there is insufficient right-of-way space or no public frontage, street trees are re- quired in the front yard subject to approval of the Administrator. Front yard trees are not re- quired in the RC and R-1 zones. A minimum of two (2) trees are to be located in the front yard prior to final inspection. (Ord. 5676, 12-3-2012) 4. Projects Abutting Less Intensive Zones or Uses: a. Nonresidential Development in a Residential Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped visual bar- rier, is required along common property lines. b. When a Residential Multi-family Zone or Use Is Abutting a Less Intense Residential Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped visual bar- 4-4-070F (Revised 3/13)4 - 26 rier, is required along the common prop- erty line. c. When a Commercial Zoned Lot or Use Is Abutting a Residential Zone: A fifteen-foot (15') wide partially sight-ob- scuring landscaped visual barrier, or ten- foot (10') wide fully sight-obscuring land- scaped visual barrier, is required along the common property line. d. When an Industrial Zoned Lot or Use Is Abutting a Residential or Com- mercial Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped vi- sual barrier, or ten-foot (10') wide fully sight-obscuring landscaped visual bar- rier, is required along the common prop- erty line. 5. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment. Land- scaping may include hardscape such as dec- orative paving, rock outcroppings, fountains, plant containers, etc. 6. Parking Lots: Vehicle parking lots shall meet minimum landscape standards in this Section. a. Perimeter Landscaping: All parking lots shall have perimeter landscaping. See subsection H4 of this Section, Pe- rimeter Parking Lot Landscaping. b. Minimum Amounts of Interior Parking Lot Landscaping: Surface parking lots with more than fourteen (14) stalls shall be landscaped as follows: c. Optional Layout Patterns: d. Perimeter and Interior Landscap- ing: Perimeter landscaping may not sub- stitute for interior landscaping. e. Exception for Existing Parking Lots: Where compliance would result in the loss of existing required parking spaces, the landscaping provisions shall prevail and the required parking mini- mum amount may be reduced without the requirement of a parking code modifica- tion. 7. Minimum Freeway Frontage Land- scaping: For properties abutting a freeway, ten feet (10') of landscaping from the right-of- way line is required. 8. Properties within urban separators are subject to landscaping requirements of RMC Total Number of Parking Stalls Minimum Landscape Area 15 to 50 15 sf/parking space 51 to 99 25 sf/parking space 100 or more 35 sf/parking space 4-4-070H 4 - 27 (Revised 3/13) 4-3-110E in addition to the requirements of this Section. G. GENERAL LANDSCAPE REQUIREMENTS: 1. Compliance Required: Landscaping and screening required by this Section must comply with all of the provisions of this Sec- tion. The landscaping standards are mini- mums; higher standards can be substituted as long as fencing and vegetation do not ex- ceed height limits specified in RMC 4-4-040. Crime prevention and safety should be con- sidered in landscape design. 2. Protection of Street Trees: It shall be unlawful for any person, without prior written approval of the City to remove, destroy, cut, break, or injure any street tree that is planted or growing in or upon any street right-of-way. 3. Retention of Existing Landscaping and Existing Trees Encouraged: Where possible, existing trees, rock outcroppings, and mature ornamental landscaping shall be preserved and incorporated in the landscape layout and can be counted towards required landscaping. Development or redevelopment of properties shall retain existing trees when possible and minimize the impact of tree loss during development per RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Calculation of Required Plantings: Some required landscaping areas require a minimum amount of plantings per square feet of area. If the calculation of the number of plantings results in a fraction of 0.5 or greater, the applicant shall round up to the next whole number. If the calculation of the number of plantings results in a fraction of 0.4 or less, the applicant shall round down to the next whole number. 5. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision areas at driveways and street intersections; b. Trees planted near overhead power lines shall be species that will comply with utility purveyor clearance require- ments; c. Landscaping shall not obscure fire hydrants or access for emergency re- sponse vehicles; and d. Landscaping in a parking lot shall not conflict with the safety of those using a parking lot, abutting sidewalks, or with traffic safety. (Ord. 5676, 12-3-2012) H. DESCRIPTION OF REQUIRED LANDSCAPING TYPES: 1. Street Frontage Landscaping Buffer: Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Eco- nomic Development. 2. Partially Sight-obscuring Landscaped Visual Barrier: Such landscaping or land- scape plus fencing shall be, at minimum, six feet (6') high at maturity and at least fifty per- cent (50%) sight-obscuring. 3. Fully Sight-obscuring Landscaped Vi- sual Barrier: Such landscaping or landscape plus fencing shall be, at minimum, six feet (6') high at maturity and one hundred percent (100%) sight-obscuring. 4. Perimeter Parking Lot Landscaping: Such landscaping shall be at least ten feet (10') in width as measured from the street right-of-way. Standards for planting shall be as follows: a. Trees shall be two inches (2") in di- ameter at breast height (dbh) for multi- family, commercial, and industrial uses at an average minimum rate of one tree per thirty (30) lineal feet of street frontage. b. Shrubs at the minimum rate of one per twenty (20) square feet of land- scaped area. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. 4-4-070I (Revised 3/13)4 - 28 5. Interior Parking Lot Landscaping: Landscaping is required in parking lots in the amounts stipulated in subsection F of this Section. Any interior parking lot landscaping area shall be a minimum of five feet (5') in width. Landscaping shall be dispersed throughout the parking area and shall include a mixture of trees, shrubs, and groundcover as follows: a. Trees shall be two inches (2") in di- ameter at breast height (dbh) for multi- family, commercial, and industrial uses. At least one tree for every six (6) parking spaces within the lot interior shall be planted. b. Shrubs at the minimum rate of one per twenty (20) square feet of land- scaped area shall be planted. Up to fifty percent (50%) of shrubs may be decidu- ous. c. Ground cover shall be planted in suf- ficient quantities to provide at least ninety percent (90%) coverage of the land- scaped area within three (3) years of in- stallation. d. There shall be no more than fifty feet (50') between parking stalls and an inte- rior parking lot landscape area. I. IRRIGATION REQUIREMENTS: 1. Irrigation and Automatic Controller: a. A permanent built-in irrigation sys- tem with an automatic controller shall be installed, used, and maintained in work- ing order in all landscaped areas of in- dustrial, commercial, and multi-family development, and landscaped common areas in single family subdivisions. b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan. c. The irrigation system maintenance program shall include scheduled proce- dures for winterization. 2. Exceptions for Drought Tolerant Plants: Landscape plans featuring one hun- dred percent (100%) drought-tolerant plants or landscaping already established without ir- rigation systems are exempt from installation of a permanent irrigation system, but drought tolerant proposals must provide supplemen- tal moisture by means of a City-approved temporary irrigation system for a period not less than two (2) years. The Administrator shall have the option of conditioning the ap- proval (i.e., requiring a screening fence, etc.). An inspection will be required one year after final inspection to ensure that the landscap- ing has become established. An inspection fee, paid at the time of permit application, will be required and the fee amount will be deter- mined by the Administrator. (Ord. 5676, 12-3-2012) J. SOIL REQUIREMENTS: Soil shall be prepared for landscape installation according to industry standards to be conducive to the healthy growth of new plants. Topsoil shall be rich in organic material or amended to be so. Clay soil is not acceptable and must be removed from landscape areas if naturally present on site. K. DRAINAGE: All landscape areas shall have adequate drain- age, either through natural percolation or by means of an installed drainage system. L. PLANT MATERIALS: 1. General: All plants specified shall be adaptable to the site conditions (sun expo- sure, cold hardiness, moisture requirements, soil type, soil pH, etc.). In addition: a. All plant material shall meet the most recent American Standards for Nursery Plant Stock (ANSI Z60.1). b. Caution should be used so as to avoid introducing highly invasive plants into the City landscape. c. When berms are incorporated into the landscape design, they shall not ex- ceed slopes of 3:1 for lawn areas or 2:1 for other plant material. 2. Ground Cover Is Required: a. All of the landscaped area that is not planted with trees and shrubs or covered with a tree grate must be planted in 4-4-070O 4 - 28.1 (Revised 3/13) ground cover plants, which may include grasses. Mulch must be confined to ar- eas underneath plants and is not a sub- stitute for ground cover plants. b. Size and Spacing: Ground cover plants, other than grasses, must be at least the four-inch (4") pot size. Area planted in ground cover plants, other than grass seed or sod, must be planted in triangular spacing as depicted below. Ground cover plants must be planted at a density that will cover the entire area within three (3) years. 3. Shrubs: All shrubs must be of sufficient size and number to meet the required stan- dards within three (3) years of planting. Shrubs must be at least a two (2) gallon con- tainer size at planting. Shrubs shall be in beds that include a layer of mulch at least two inches (2") in depth. 4. Trees: a. Approved Tree Species: The De- partment of Community and Economic Development can provide an Approved Tree List. The list is available on the City website. b. Planting Size: Broadleaf trees at the time of planting must be fully branched and no smaller than one and one-half inches (1.5") in diameter at breast height (dbh). Broadleaf trees planted in residen- tial zones must be a minimum of one and one-half inches (1.5") in diameter (dbh). Broadleaf trees planted in all other zones must be a minimum of two inches (2") in diameter (dbh). Conifer trees at the time of planting must be fully branched and a minimum of six feet (6') in height. c. Mulch: Except for trees with a tree grate, trees shall include a mulch ring that has a depth of at least two inches (2") and is at least two feet (2') in radius around the tree. 5. Prohibited Plant Materials: Plants listed as a nuisance or prohibited by King County are prohibited in required landscaped areas. M. LANDSCAPE INSTALLATION: 1. Timing: All approved landscaping shall be installed before the final approval of the permit or land use action that triggered the landscaping requirement, such as issuance of an occupancy permit prior to final inspec- tion for single family dwellings, or final plat approval for a subdivision. (Ord. 5676, 12-3-2012) 2. Slopes: Stripping of vegetative slopes where harmful erosion and runoff will occur shall be prohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may con- sist of effective planting. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control ero- sion and sediment, provide safety and control the rate of water runoff. The protection for the slopes shall be initiated upon completion of grading and fully installed within thirty (30) days of grading completion and prior to a re- quest for final project approval. N. DEFERRAL OF LANDSCAPE IMPROVEMENTS: Deferral of landscape installation may be re- quested pursuant to RMC 4-9-060C, Deferral of Improvement Installation Procedures, if seasonal planting difficulties arise or the project is impacted by a pending or existing public works project. O. LANDSCAPE PLAN REVISIONS: To alter an approved landscape plan, changes shall be submitted to and approved by the Admin- istrator. The plans may be approved, denied, or returned to the applicant with suggestions for changes that would make them acceptable. The request must be accompanied by the following: 1. Copy of original, approved landscape plan. 4-4-070P (Revised 3/13)4 - 28.2 2. An amendment plan meeting require- ments of RMC 4-8-120D12, Landscaping Plan, Detailed. 3. Narrative describing and justifying pro- posed changes. 4. Modified tree retention and land clearing plan for any protected trees proposed to be removed in accordance with RMC 4-4-130, Tree Retention and Land Clearing Regula- tions. (Ord. 5676, 12-3-2012) P. MAINTENANCE: 1. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and shall be subject to periodic inspection by the Department of Community and Economic Development. Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property owners shall keep the planting ar- eas reasonably free of weeds and litter. 2. Failure to Maintain Landscaping: The Department of Community and Economic Development is authorized to notify the owner that any required landscaping is not being adequately maintained and the specific nature of the failure to maintain. The Depart- ment shall send the property owner written notice, specifying what corrections shall be made. (Ord. 5676, 12-3-2012) Q. DAMAGED LANDSCAPING: Upon request of the City, any landscaping re- quired by City regulations that is damaged must be replaced with like or better landscaping as de- termined by the Administrator. (Ord. 5676, 12-3-2012) R. VARIANCES: To deviate from provisions of this Section, a vari- ance must be submitted and approved pursuant to RMC 4-9-250B5. (Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005; Ord. 5304, 9-17-2007; Ord. 5355, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5518, 12-14-2009; Ord. 5528, 3-8-2010) 4-4-075 LIGHTING, EXTERIOR ON- SITE: A. PURPOSE: The purpose of these regulations is to provide for ample but not excessive illumination levels, pro- mote the general public health, welfare, and safety, to discourage light trespass beyond the boundaries of the property on which the light is lo- cated, as well as to accent key architectural ele- ments and landscape features. (Ord. 5518, 12-14-2009) B. APPLICABILITY: The standards of this Section shall apply to the addition or replacement of light fixtures. Addition- ally, the standards of this Section apply to remedy existing residential lighting that creates nuisances to abutting properties per chapter 1-3 RMC, as defined in RMC 1-3-4A11c(21). C. EXEMPTIONS: The following are exempt from the provisions of this Section: 1. Signage. 2. Temporary Holiday or Decorative Lighting: Temporary holiday or decorative lighting is exempt provided there is no light trespass beyond property boundaries of the subject site. 3. Official Government Flags: Display lights are permitted when providing illumina- tion of official government flags, provided there is no light trespass beyond property boundaries. 4. Right-of-way lighting. 5. Stadiums, parks, and sports fields. D. AUTHORITY: During development permit review, the Commu- nity and Economic Development Administrator shall determine compliance, apply conditions of approval if necessary to achieve compliance, and enforce the provisions of this Section. (Ord. 5676, 12-3-2012) E. STANDARDS: No use or activity shall cause light trespass be- yond the boundaries of the property lines. 4-4-075F 4 - 28.3 (Revised 3/13) 1. Building Lights: All building lights shall be directed onto the building itself or the ground immediately abutting to it. The light emissions shall not be visible above the roof- line of the building. 2. Parking Lot or Display Lot Lights: Parking lot or display lot light fixtures shall be non-glare and mounted no more than twenty five feet (25') above the ground to minimize the impact onto adjacent and abutting proper- ties. All fixtures shall be fitted with a cutoff type luminaire as exemplified below. F. SPECIFIC REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT IN THE R-10 AND R-14 ZONES: 1. Exterior lighting shall be provided in or- der to enhance visibility and security while ac- centing key architectural elements and landscape features. 2. The standards portion of this subsection specifies a prescriptive manner in which the landscaping requirement can be met. The guideline portion of this subsection provides direction for those who seek to meet the re- quired design element in a manner that is dif- ferent from the standards. The determination as to the satisfaction of the requirement through the use of the guidelines is to be made by the Administrator. (Ord. 5676, 12-3-2012) 3. Guidelines: Lighting that is appropriate to the architectural character of the neighbor- hood and of a human scale shall be provided. Lighting shall be minimal where possible to achieve the desired purpose. Light spillover for all lighting, as well as single source light- ing of large areas shall be avoided. 4. Standards: a. Lighting shall be limited to illumina- tion of surfaces intended for pedestrians, vehicles, or key architectural features. b. Street lighting on residential access streets and limited residential access streets is required. Lighting facilities and fixtures shall be located outside public right-of-way unless owned, operated and maintained by a power utility franchise. Street lights shall be no taller than sixteen feet (16') and placed at regular intervals of no more than two hundred feet (200') on internal roadways and installed in ac- cordance with chapter 4-6 RMC. c. Lighting for residential access streets, limited residential access streets, alleyways, common greens, and parks Cutoff Type Luminaire luminaire total cutoff < 9 0 ° peak candlepower 4-4-075G (Revised 3/13)4 - 28.4 shall be low intensity. Lighting for com- mon greens and parks shall be down- lighting. d. All exterior house lighting shall be downlighting or placed beneath building eaves to prevent light projecting upward. e. If alley lights are mounted on a ga- rage, they shall be no higher than eight feet (8') above ground and directed away from adjacent backyards and structures. f. Sidewalks and pathways not other- wise illuminated by street lighting shall be lit with ornamental downlighting fixtures that shall not exceed twelve feet (12') in height. (Ord. 5518, 12-14-2009) G. MODIFICATIONS OF STANDARDS: Lighting which does not meet the standards in subsection E of this Section may be permitted by the Administrator as follows: Alternative shielding of lights, or lighting visible above the roofline may be permitted via the site plan development review process for applications requiring such review or via a modification approved by the Administrator in accordance with RMC 4-9-250D for applica- tions which do not require site plan development review. In any case, no use or activity shall cause light trespass beyond the boundaries of the prop- erty lines. (Ord. 5518, 12-14-2009; Ord. 5676, 12-3-2012) H. VARIANCES TO STANDARDS: A variance to standards, pursuant to RMC 4-9-250, is required to alter any other require- ments of this Section that are not allowed to be al- tered in accordance with subsection F, Modifications to Standards. (Ord. 5518, 12-14-2009) I. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002; Ord. 5518, 12-14-2009) 4-4-080 PARKING, LOADING AND DRIVEWAY REGULATIONS: A. PURPOSE: It is the purpose of this Section to provide a means of regulating parking to promote the health, safety, morals, general welfare and aes- thetics of the City of Renton by specifying the off- street parking and loading requirements for all uses permitted in this Code and to describe de- sign standards and other required improvements. Furthermore, it is the intent of this Section to pro- mote the efficient use of the City’s transportation facilities by incorporation into that system of alter- native modes of transportation to the single occu- pancy vehicle to promote the movement of people from place to place. It is the goal of this Section to allow the provision of sufficient off- street parking to meet the needs of urban devel- opment while not providing an excess surplus of spaces. (Ord. 4517, 5-8-1995) B. SCOPE OF PARKING, LOADING AND DRIVEWAY STANDARDS: 1. Applicability: a. Within the Center Downtown Zone: This Section, except for subsec- tions F1 through F9 and J of this Section, shall apply in the following cases: i. New Buildings or Structures: If construction replaces an existing building, only the area exceeding the area of the original structure shall be used to calculate required parking. ii. Building/Structure Additions: Only the area exceeding the area of the original structure shall be used to calculate required parking. b. Outside the Center Downtown Zone: Off-street parking, loading areas, and driveways shall be provided in accor- dance 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 sur- face, or striping a previously un- striped lot. iv. Change in Use: The change of all or a portion of a building/structure 4-4-080D 4 - 28.5 (Revised 3/13) 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 mer- chandise deliveries and/or ship- ments 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 Res- idential 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. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5675, 12-3-2012) 2. Conformance Required: It shall be un- lawful for any person hereafter to erect, con- struct, enlarge, move or convert any parking lot, parking structure, loading area, or drive- way in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Section. Driveways shall be constructed to City standards. (Ord. 4517, 5-8-1995, Ord. 4351, 5-4-1992) 3. Plans Required: Where off-street park- ing is required, except for single family dwell- ings, a plan shall be submitted for approval by the Building Department. The plan must be accompanied by sufficient proof of ownership that indicates the spaces contemplated will be permanent. 4. Future Changes to Parking Arrange- ment: Any future changes in parking ar- rangements or number of spaces must be approved by the Development Services Divi- sion. (Amd. Ord. 5087, 6-28-2004) 5. Timing for Compliance: a. Building Permit Required: No con- struction, alteration or changes in uses are permitted until all the information in RMC 4-8-120D16p, Parking Analysis, and 4-8-120D19s, Site Plan, has been submitted and approved by the appropri- ate City departments and building permit has been issued. b. Requirements Prior to Occupancy Permit: The premises shall not be occu- pied 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 defer- ment has been granted. For develop- ments 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, land- scaped and lighted (if the lot is to be illu- minated), prior to the issuance of an occupancy permit for any of the newly constructed dwelling units. (Ord. 5675, 12-3-2012) c. Requirements Prior to Business License Issuance: A business license shall not be issued until an occupancy permit has been issued. (Ord. 3988, 4-28-1986; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Ord. 5357, 2-25-2008) C. (Deleted by Ord. 5357, 2-25-2008) (Ord. 4671, 7-21-1997; Ord. 4722, 5-11-1998; Amd. Ord. 5087, 6-28-2004) D. ADMINISTRATION: 1. Authority: The Department of Commu- nity and Economic Development is hereby authorized and directed to enforce all the pro- visions of this Section. For such purpose, the Community and Economic Development Ad- ministrator shall have the authority of a police officer. (Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 2. Interpretation: a. Calculation of Number of Parking Spaces – Fractions: When a unit of measurement determining the number of 4-4-080E (Revised 3/13)4 - 28.6 required parking spaces results in the re- quirement of a fractional space, any frac- tion up to but not including one-half (1/2) shall be disregarded and fractions one- half (1/2) and over shall require one park- ing space. (Ord. 3988, 4-28-1986) b. Measurement of Distance – Method: Where a distance is specified, such distance shall be the walking dis- tance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. (Ord. 4517, 5-8-1995) c. Measurement of Seat Width – Benches and Pews: In stadiums, sports arenas, churches and other places of as- sembly in which patrons or spectators oc- cupy benches, pews or other similar seating facilities, each eighteen inches (18") of length of such seating facilities shall be counted as one seat for the pur- pose of determining requirements for off- street parking facilities under this Sec- tion. (Ord. 3988, 4-28-1986) E. LOCATION OF REQUIRED PARKING: 1. On-Site Parking Required: Required parking as specified herein shall be provided upon property in the same ownership as the property upon which the building or use re- quiring the specified parking is located or upon leased parking. Off-street parking facili- ties shall be located as hereinafter specified: a. Detached and Two (2) Attached Dwellings: On the same lot with the building they are required to serve. (Ord. 5520, 12-14-2009) b. Attached Dwellings Three (3) or More Units: May be on contiguous lot with the building they are required to serve; provided, the provisions of sub- section E2 (Off-Site Parking) of this Sec- tion are complied with. (Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008) c. Boat Moorages: May have parking areas located not more than six hundred feet (600') from such moorage facility or closer than one hundred feet (100') to the shoreline (see subsection F10 of this Section). Accessible parking as required by the Washington State Barrier Free Standards can be allowed within one hundred feet (100') per subsection F8g of this Section. d. Other Uses: On the same lot with the principal use except when the condi- tions as mentioned in subsection E2 (Off- Site Parking) of this Section are complied with. (Amd. Ord. 4790, 9-13-1999) 2. Off-Site Parking: a. When Permitted: i. If sufficient parking is not avail- able on the premises of the use, a private parking area may be provided off site, except for single and two (2) family dwellings in the RC, R-1, R-4, and R-8 zones. ii. In the R-10 and R-14 zones, shared parking garages are allowed provided the design standards of RMC 4-2-115 are met. iii. Guest parking associated with single family and attached dwellings in the R-10 and R-14 zones is also permitted to be provided off site pro- vided it meets the following criteria: (1) Parking is located on the neighborhood streets or in a parking court accessed by a pub- lic roadway, but not located more than one hundred sixty feet (160') from the home it is in- tended to serve. (2) Parking is not located in a limited residential access lane right-of-way, except for perpen- dicular parking associated with private driveways or alleyways. (3) Parking may be accommo- dated in a tandem driveway space, provided it is not ac- cessed by a private alleyway. (Amd. Ord. 5330, 12-10-2007; Ord. 5518, 12-14-2009) b. Agreement Required: A parking agreement ensuring that off-site parking 4-4-080E 4 - 28.7 (Revised 3/13) is available for the duration of the use shall be approved by the Community and Economic Development Administrator, following review by the City Attorney. (Ord. 5676, 12-3-2012) c. Additional Information Required: The following shall be reviewed as part of the permit process: i. A letter of justification addressing the need for off-site parking and com- patibility with the surrounding neigh- borhood. ii. A site plan showing all dimen- sions of parking spaces, aisles, land- scaping areas, abutting street improvements, curb cuts, and on-site and abutting uses and buildings. (Ord. 5676, 12-3-2012) d. Fees: No charge for use of such parking area shall be made in any resi- dential zone except on a weekly or monthly basis. e. Maximum Distance to Off-Site Parking Area: i. Within the Center Downtown Zone: No distance requirements ap- ply when both the use and off-site parking are located within the Center Downtown. ii. Within the UC-N1 and UC-N2 Zones: Off-site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within one thou- sand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. iii. All Other Zones: Off-site park- ing shall be within five hundred feet (500') of the building or use if it is in- tended to serve residential uses, and within seven hundred fifty feet (750') of the building or use if it is intended to serve nonresidential uses. f. Transportation Management Plan Exception: The Department of Commu- nity and Economic Development may modify the maximum distance require- ments if a Transportation Management Plan or other acceptable transportation system will adequately provide for the parking needs of the use and the condi- tions outlined in RMC 4-9-250D2 are met. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030, 11-24-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5450, 3-2-2009) 3. Joint Use Parking Facilities: a. When Permitted: Joint use of parking facilities may be authorized for those uses that have dissimilar peak-hour demands or when it can be demonstrated that the parking facilities to be shared are underuti- lized. (Amd. Ord. 5330, 12-10-2007) b. Agreement Required: A parking agreement ensuring that joint use park- ing is available for the duration of the uses shall be approved by the Commu- nity and Economic Development Admin- istrator, following review by the City Attorney. (Ord. 5676, 12-3-2012) c. Maximum Distance to Joint Use Parking: i. Within the Center Downtown Zone: No distance requirements ap- ply when both the use and joint use parking are located within the Center Downtown. ii. Within the UC-N1 and UC-N2 Zones: Joint use parking shall be within seven hundred fifty feet (750') of the building or use if it is intended to serve residential uses, and within one thousand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. iii. All Other Zones: Joint use parking shall be within seven hun- dred fifty feet (750') of the building or use it is intended to serve. d. Special Provisions for Subdivi- sion of Shopping Center: Parking ar- eas in shopping centers may operate as common parking for all uses. If a shop- 4-4-080F (Revised 3/13)4 - 28.8 ping center is subdivided, easements and/or restrictive covenants must grant use and provide for maintenance of com- mon parking and access areas. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030, 11-24-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5357, 2-25-2008) F. PARKING LOT DESIGN STANDARDS: 1. Maneuvering Space/Use of Public Right-of-Way: Maneuvering space shall be completely off the right-of-way of any public street except for parking spaces provided for single family dwellings and duplexes. Alleys shall not be used for off-street parking and loading purposes, but may be used for ma- neuvering space. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 2. Maximum Parking Lot and Parking Structure Slopes: Maximum slopes for park- ing lots shall not exceed eight percent (8%) slope. The Administrator may allow a drive- way to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reason- able alternative. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 3. Access Approval Required: The in- gress and egress of all parking lots and struc- tures shall be approved by the Development Services Division. (Ord. 3988, 4-28-1986) 4. Linkages: The Department of Commu- nity and Economic Development shall have the authority to establish, or cause to be es- tablished, bicycle, high occupancy vehicle and pedestrian linkages within public and pri- vate developments. Enforcement shall be ad- ministered through the normal site design review and/or permitting process. Adjust- ments to the standard parking requirements of subsection F10 of this Section may be made by the Department of Community and Economic Development based on the extent of these services to be provided. (Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009) 5. Lighting: Any lighting on a parking lot shall illuminate only the parking lot and shall be designed and located so as to avoid un- due glare or reflection of light pursuant to RMC 4-4-075, Exterior On-site Lighting. Light standards shall not be located so as to inter- fere with parking stalls, stacking areas and in- gress and egress areas. (Amd. Ord. 4963, 5-13-2002) 6. Fire Lane Standards: a. Applicability: As required by the Fire Codes and the Fire Department, fire lanes shall be installed surrounding facil- ities which by their size, location, design or contents warrant access which ex- ceeds that normally provided by the prox- imity of City streets. Additional fire lanes may be required in or- der to provide access for firefighting or rescue operations at building entrances or exits, fire hydrants and fire protection system service connection or control de- vices. The Fire Department may require that ar- eas specified for use as driveways or pri- vate thoroughfares shall be designated as fire lanes and be marked or identified as required by this Section. b. Minimum Width and Clearance: Lanes shall provide a minimum unob- structed continuous width of twenty feet (20') and provide a minimum vertical clearance of thirteen feet six inches (13'6"). (Ord. 3988, 4-28-1986) c. Identification: i. Lanes shall be identified by a four inch (4") wide line and curb painted bright red. The block letters shall state, “FIRE LANE – NO PARKING”, be eighteen inches (18") high, painted white, located not less than one foot (1') from the curb face, at fifty foot (50') intervals. (Ord. 4130, 2-15-1988) ii. Signs shall be twelve inches by eighteen inches (12" x 18") and shall have letters and background of con- trasting colors, readily readable from at least a fifty foot (50') distance. (Ord. 3988, 4-28-1966) 4-4-080F 4 - 28.9 (Revised 3/13) iii. Signs shall be spaced not further than fifty feet (50') apart nor shall they be placed less than five feet (5'), or more than seven feet (7') from the ground. The installation and use of fire lane signs will preclude the re- quirement for painting “FIRE LANE – NO PARKING”, in the lane only. The area shall be identified by painting the curb red or in the absence of a curb, a four inch (4") red line shall be used. (Ord. 4130, 2-15-1988) d. Surfacing and Construction Re- quirements: Fire lanes shall be an all weather surface constructed of asphalt or reinforced concrete certified to be capa- ble of supporting a twenty (20) ton vehi- cle, or when specifically authorized by the Fire Department, crushed rock may be used; provided, written certification is provided from a soils engineer, that the roadway will support the weight of oper- ating fire apparatus. e. Clearances and Turning Radii: Where fire lanes connect to City streets or parking lots, adequate clearances and turning radii shall be provided. f. Existing Buildings – Hazards: When the Fire Chief determines that a hazard due to inaccessibility of fire appa- ratus exists around existing buildings, he may require fire lanes to be constructed and maintained as provided by this Sec- tion. (Ord. 5676, 12-3-2012) g. Modification by Fire Chief: When the required clearances outlined above cannot be physically provided, modifica- tion may be allowed upon written applica- tion and approval of the Fire Chief. 7. Residential Parking Location Require- ments: a. RC, R-1, and R-4 Zones: See RMC 4-2-115, Residential Design and Open Space Standards. b. R-8 Zones: For lots abutting an alley, all parking areas and/or attached or de- tached garages shall not occur in front of the building and/or in the area between the front lot line and the front building line; parking areas and garages must oc- cur at the rear or side of the building, and vehicular access shall be taken from the alley. See RMC 4-2-115, Residential De- sign and Open Space Standards. c. R-10 and R-14 Zones: For lots abut- ting an alley, required parking shall be provided in the rear yard area for any unit, when alley access is available. For flats, when alley access is not avail- able, parking should be located in the rear yard, side yard or underground, un- less it is determined through the modifi- cation process for site development plan exempt proposals or the site develop- ment plan review process for non-exempt proposals, that parking may be allowed in the front yard or that under building park- ing (ground level of a residential struc- ture) should be permitted. See RMC 4-2-115, Residential Design and Open Space Standards. d. RM Zones: i. For Lots Abutting an Alley: All parking shall be provided in the rear yard area for any unit, and access shall be taken from the alley. ii. For Lots Not Abutting an Al- ley: No portion of covered or uncov- ered parking shall be located between the primary structure and the front property line. Parking struc- tures shall be recessed from the front facade of the primary structure a min- imum of two feet (2'). (Amd. Ord. 4999, 1-13-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004; Ord. 5529, 3-8-2010) 8. Parking Stall Types, Sizes, and Per- centage Allowed/Required: a. Standard Parking Stall Size – Sur- face/Private Garage/Carport: i. Minimum Length in All Zones Except UC-N1 and UC-N2: A park- ing stall shall be a minimum of twenty feet (20') in length, except for parallel stalls, measured along both sides of the usable portion of the stall. Each 4-4-080F (Revised 3/13)4 - 28.10 parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Length in UC-N1 and UC-N2 Zones: A parking stall shall be a minimum of nineteen feet (19') in length, except for parallel stalls, measured along both sides of the us- able portion of the stalls. Each paral- lel stall shall be twenty three feet by nine feet (23' x 9') in size. iii. Minimum Width: A parking stall shall be a minimum of nine feet (9') in width measured from a right angle to the stall sides. iv. Reduced Width and Length for Attendant Parking: When cars are parked by an attendant, the stall shall not be less than eighteen feet long by eight feet wide (18' x 8'). (Ord. 5030, 11-24-2003) b. Standard Parking Stall Size – Structured Parking: i. Minimum Length: A parking stall shall be a minimum of fifteen feet (15'). A stall shall be a minimum of sixteen feet (16') for stalls designed at forty five degrees (45°) or greater. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Width: A parking stall shall be a minimum of eight feet, four inches (8'4") in width. c. Compact Parking Stall Size and Maximum Number of Compact Spaces: i. Stall Size – Surface/Private Ga- rage/Carport: Each stall shall be eight and one-half feet in width and sixteen feet in length (8-1/2' x 16'). ii. Stall Size – Structured Park- ing: A parking stall shall be a mini- mum of seven feet, six inches (7'6") in width. A parking stall shall be a minimum of twelve feet (12') in length, measured along both sides for stalls designed at less than forty five degrees (45°). A stall shall be a minimum of thirteen feet (13') in length, for stalls designed at forty five degrees (45°) or greater. iii. Maximum Number of Com- pact Spaces Outside of the UC-N1 and UC-N2 Zones: Compact parking spaces shall not account for more than: •Designated employee parking – not to exceed forty percent (40%). •Structured parking – not to ex- ceed fifty percent (50%). •All other uses – not to exceed thirty percent (30%). (Ord. 5030, 11-24-2003) 4-4-080F 4 - 29 (Revised 8/10) iv. Maximum Number of Compact Spaces in the UC-N1 and UC-N2 Zones: The maximum number of compact spaces shall not exceed fifty percent (50%). (Ord. 5030, 11-24-2003) d. Tandem Parking: Tandem parking is allowed for detached single family res- idential developments. For attached resi- dential developments or the residential portion of a mixed-use development, tan- dem parking is allowed. If tandem parking is provided the following standards shall apply: i. Stall length shall conform to the standards of this subsection F8; and ii. A restrictive covenant or other device acceptable to the City will be required to assign tandem parking spaces to the exclusive use of spe- cific dwelling units. Enforcement of tandem parking spaces shall be pro- vided by the property owner, property manager, or homeowners’ associa- tion as appropriate. (Ord. 5529, 3-8-2010) e. Special Reduced Length for Over- hang: The Department of Community and Economic Development may permit the parking stall length to be reduced by two feet (2'), providing there is sufficient area to safely allow the overhang of a ve- hicle and that the area of vehicle over- hang does not intrude into required landscaping areas. (Ord. 5450, 3-2-2009) f. Customer/Guest Parking: The De- velopment Services Division may require areas be set aside exclusively for cus- tomer or guest parking and shall specify one of the following methods be used: i. A maximum of fifty percent (50%) of the required parking stalls clearly designated as “customer parking” or “guest parking.” Parking stalls with said designations shall be used only for said purposes. ii. A separate parking lot with its own ingress and egress, landscaping and screening exclusively for cus- tomer parking and adequately signed as such. g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA): Accessible parking shall be pro- vided per the requirements of the Wash- ington State Barrier Free Standards as adopted by the City of Renton. (Ord. 3988, 4-28-1986; Amd. Ord. 4854, 8-14-2000; Ord. 4963, 5-13-2002) 9. Aisle Width Standards: a. Parallel Parking Minimum Aisle Width: i. One Way Circulation: For one way circulation, the minimum width of the aisle shall be ten feet (10'). NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 4-4-080F (Revised 8/10)4 - 30 ii. Two Way Circulation: For two way circulation, the minimum width of the aisle shall be eighteen feet (18'). (Ord. 3988, 4-28-1986) b. Ninety Degree (90°) Head-In Park- ing Aisle Width Minimums: For one row and two (2) rows of ninety degree (90°) head-in parking using the same aisle in a one way or two way circulation pattern, the minimum width of the aisle shall be twenty four feet (24'). c. Sixty Degree (60°) Head-In Parking Aisle Width Minimums: i. For one row and two (2) rows of sixty degree (60°) head-in parking using a one way circulation pattern, the minimum width of the aisle shall be seventeen feet (17'). 4-4-080F 4 - 31 (Revised 4/12) ii. For two (2) rows of sixty degree (60°) head-in parking using a two way circulation pattern, the minimum width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986) d. Forty Five Degree (45°) Head-In Parking Aisle Width Minimums: i. One Way Circulation: For one and two (2) rows of forty five degree (45°) head-in parking using a one way circulation pattern, the minimum width of the aisle shall be twelve feet (12'). ii. Two Way Circulation: For two (2) rows of forty five degree (45°) head-in parking using a two way cir- culation pattern, the width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986) 10. Number of Parking Spaces Required: a. Interpretation of Standards – Mini- mum and Maximum Number of Spaces: When a maximum and a mini- mum range of required parking is listed in this Code, the developer or occupant is required to provide at least the number of spaces listed as the minimum require- ment, and may not provide more than the maximum listed in this Code. (Ord. 5529, 3-8-2010) b. Multiple Uses: When a develop- ment falls under more than one category, the parking standards for the most spe- cific category shall apply, unless specifi- cally stated otherwise. c. Alternatives: i. Joint Parking Agreements: Ap- proved joint use parking agreements and the establishment of a Transpor- 4-4-080F (Revised 4/12)4 - 32 tation Management Plan (TMP) may be used as described in subsections E3 and F10c(ii) of this Section to meet a portion of these parking require- ments. (Amd. Ord. 4790, 9-13-1999) ii. Transportation Management Plans: A Transportation Manage- ment Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, sub- ject to the approval of the Depart- ment of Community and Economic Development. The developer may seek the assis- tance of the Department of Commu- nity and Economic Development in formulating a Transportation Man- agement Plan. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a mini- mum, the Transportation Manage- ment Plan will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accomplished, an evaluation proce- dure, and a contingency plan if the trip reduction goal cannot be met. If the Transportation Management Plan is unsuccessful, the developer is ob- ligated to immediately provide addi- tional measures at the direction of the Department of Community and Eco- nomic Development, which may in- clude the requirement to provide full parking as required by City stan- dards. (Ord. 5450, 3-2-2009) d. Modification: The Department of Community and Economic Development may authorize a modification from either the minimum or maximum parking re- quirements for a specific development should conditions warrant as described in RMC 4-9-250D2. When seeking a modi- fication from the minimum or maximum parking requirements, the developer or building occupant shall provide the De- partment of Community and Economic Development with written justification for the proposed modification. (Ord. 5450, 3-2-2009) e. Parking Spaces Required Based on Land Use: Modification of these min- imum or maximum standards requires written approval from the Department of Community and Economic Development. USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: (2 or 3 different uses in the same building or sharing a lot. For 4 or more uses, see “shopping center” requirements) The total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed sepa- rately, unless the building is classified as a “shopping center” as defined in RMC 4-11-190. Uses not specifically identified in this Section: Department of Community and Economic Development staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. Bicycle parking:See minimum requirements in subsection F11 of this Section. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Detached dwellings:A minimum of 2 per dwelling unit, however, 1 per dwelling unit may be permitted for 1 bedroom or less dwelling units. Tandem parking is allowed. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. 4-4-080F 4 - 33 (Revised 3/13) Manufactured homes within a manufactured home park: A minimum of 2 per manufactured home site, plus a screened parking area shall be provided for boats, campers, travel trailers and related devices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Congregate residences:A minimum and maximum of 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living:A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Attached dwellings in RM-U, RM-T, RM-F, R-14 and R-10 Zones: A minimum and maximum of 1.6 per 3 bedroom or large dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1 bedroom or studio dwelling unit. Attached dwellings within all other zones: 1 per dwelling unit is required. A maximum of 1.75 per dwelling unit is allowed. Attached dwelling for low income:A minimum of 1 for each 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Live-work unit, residential unit:A minimum and maximum of 1 per unit. Accessory dwelling unit:1 per unit is required. A maximum of 2 per unit is allowed. RESIDENTIAL USES IN CENTER DOWNTOWN ZONE: Attached dwellings:A minimum and maximum of 1 per unit. Attached dwellings for low income:1 for every 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Congregate residences:A minimum and maximum of 1 per 4 sleeping rooms and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living:A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings (existing legal):A minimum of 2 per unit. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and resto- ration, unless kept within an enclosed building. COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive-through retail or drive- through service: Stacking spaces: The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak busi- ness hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Community and Economic Development Administrator. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks:A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area except when part of a shopping center. Convalescent centers:A minimum and maximum of 1 for every 2 employees plus 1 for every 3 beds. USE NUMBER OF REQUIRED SPACES 4-4-080F (Revised 3/13)4 - 34 Day care centers, adult day care (I and II): A minimum and maximum of 1 for each employee and 2 drop-off/ pick-up spaces within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels:A minimum and maximum of 1 per guest room plus 1 for every 3 employees. Bed and breakfast houses:A minimum and maximum of 1 per guest room. Mortuaries or funeral homes:A minimum and maximum of 10 per 1,000 square feet of floor area of assembly rooms. Vehicle sales (large and small vehicles) with outdoor retail sales areas: A minimum and maximum of 1 per 5,000 square feet. The sales area is not a parking lot and does not have to comply with dimen- sional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5-foot perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. Vehicle service and repair (large and small vehicles): A minimum and maximum of 2.5 per 1,000 square feet of net floor area. Offices, medical and dental:A minimum and maximum of 5.0 per 1,000 square feet of net floor area. Offices, general:A minimum of 2.0 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking establishments and taverns: A minimum and maximum of 10 per 1,000 square feet of dining area. Eating and drinking establishment combination sit-down/drive- through restaurant: A minimum and maximum of 1 per 75 square feet of dining area. Retail sales and big-box retail sales:A minimum and maximum of 2.5 per 1,000 square feet of net floor area, except big-box retail sales, which is allowed a maxi- mum of 5.0 per 1,000 square feet of net floor area if shared and/ or structured parking is provided. Services, on-site (except as specified below): A minimum and maximum of 3.0 per 1,000 square feet of net floor area. Clothing or shoe repair shops, furniture, appliance, hardware stores, household equipment: A minimum and maximum of 2.0 per 1,000 square feet of net floor area. Uncovered commercial area, outdoor nurseries: A minimum and maximum of 0.5 per 1,000 square feet of retail sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs: A minimum and maximum of 1 for every 4 fixed seats or 10 per 1,000 square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys:A minimum and maximum of 2 per alley. Dance halls, dance clubs, and skating rinks: A minimum and maximum of 1 per 40 square feet of net floor area. USE NUMBER OF REQUIRED SPACES 4-4-080F 4 - 35 (Revised 3/13) Golf driving ranges:A minimum and maximum of 1 per driving station. Marinas:A minimum and maximum of 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses:A minimum and maximum of 1 per hole. Other recreational:A minimum and maximum of 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Build- ing and Fire Codes of the City of Renton. Travel trailers:A minimum and maximum of 1 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, drive-through retail, drive-through service, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: These uses follow the standards applied outside the Center Downtown Zone. All commercial uses allowed in the CD Zone except for the uses listed above: A maximum of 1 space per 1,000 square feet of net floor area, with no minimum requirement. SHOPPING CENTERS: Shopping centers (includes any type of business occupying a shopping center): A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-N1 and UC-N2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is pro- vided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive-through retail or drive-through service uses must comply with the stacking space provisions listed above. INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie-down areas:Parking is not required. Hangar space or tie-down areas are to be utilized for necessary parking. Minimum and maximum parking for offices associated with hangars is 5 per 1,000 square feet. Manufacturing and fabrication, laboratories, and assembly and/or packaging operations: A minimum of 1.0 per 1,000 square feet of net floor area and a maximum of 1.5 spaces per 1,000 square feet of net floor area (including warehouse space). Self service storage:A minimum and maximum of 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces is permitted. Outdoor storage area:A minimum and maximum of 0.5 per 1,000 square feet of area. Warehouses and indoor storage buildings: A minimum and maximum of 1 per 1,500 square feet of net floor area. PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions:A minimum and maximum of 1 for every 5 seats in the main audi- torium; however, in no case shall there be less than 10 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see “outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs.” USE NUMBER OF REQUIRED SPACES 4-4-080F (Revised 3/13)4 - 36 (Ord. 4517, 5-8-1995; Amd. Ord. 4790, 9-13-1999; Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 4982, 9-23-2002; Ord. 5018, 9-22-2003; Ord. 5030, 11-24-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5437, 12-8-2008; Ord. 5450, 3-2-2009; Ord. 5469, 7-13-2009; Ord. 5518, 12-14-2009; Ord. 5520, 12-14-2009; Ord. 5529, 3-8-2010; Ord. 5607, 6-6-2011; Ord. 5649, 12-12-2011; Ord. 5676, 12-3-2012) 11. Number of Bicycle Parking Spaces Required: a. Bicycle Parking Spaces Required: Bicycle parking shall be provided for all residential developments that exceed five (5) residential units and/or all non- residential developments that exceed four thousand (4,000) gross square feet in size. When there are two (2) or more separate uses on a site, the required bi- cycle parking for the site shall be the sum of the required parking for the individual uses. Modification of these minimum standards requires written approval from the Department of Community and Eco- nomic Development. Medical institutions:A minimum and maximum of 1 for every 3 beds, plus 1 per staff doctor, plus 1 for every 3 employees. Cultural facilities:A minimum and maximum of 40 per 1,000 square feet. Public post office:A minimum and maximum of 3.0 for every 1,000 square feet. Secure community transition facilities: A minimum and maximum of 1 per 3 beds, plus 1 per staff mem- ber. Schools: Elementary and junior high:A minimum and maximum of 1 per employee. In addition, if buses for the transportation of students are kept at the school, 1 off- street parking space shall be provided for each bus of a size suf- ficient to park each bus. Senior high schools: public, parochial and private: A minimum and maximum of 1 per employee plus 1 space for every 10 students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1 off-street park- ing space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts and crafts schools/studios, and trade or vocational schools: A minimum and maximum of 1 per employee plus 1 for every 3 student rooming units, plus 0.5 space for every full-time student not residing on campus. In addition, if buses for transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. USE NUMBER OF REQUIRED SPACES USE NUMBER OF REQUIRED SPACES All uses, unless specifically specified below: The number of bicycle parking spaces shall be ten percent (10%) of the number of required off-street parking spaces. Spaces shall meet the requirements of subsection F11b of this Section. Office, general, medical and dental, manufacturing and fabrication, labora- tories, and packaging operations: The number of bicycle parking spaces shall be ten percent (10%) of the number of required off-street parking spaces. Spaces shall meet the requirements of subsection F11c of this Section. Attached dwellings:One-half (0.5) bicycle parking space per one dwelling unit. Spaces shall meet the requirements of subsection F11c of this Section. 4-4-080F 4 - 37 (Revised 3/13) b. The location of and access to bicycle parking areas for all uses except office, manufacturing and fabrication, laborato- ries, packaging operations, and attached dwellings, shall be in accordance with the following standards: i. Bicycle parking facilities shall in- clude a rack that is permanently af- fixed to the ground and supports the bicycle at two (2) or more points, in- cluding at least one point on the frame. The user shall be able to lock the bicycle with a U-shaped lock or cable lock. Bicycle racks that only support a bicycle front or rear wheel are not permitted. Bicycle racks shall be installed to provide adequate ma- neuvering space and ensure that the requisite number of bicycle parking spaces remain accessible; and ii. Each bicycle parking space shall be at least two feet (2') by six feet (6'), with no less than an overhead clear- ance of seven feet (7'). A maneuver- ing area of five feet (5') shall separate rows of bicycle parking spaces. Where the bicycle parking is abutting the sidewalk, only the maneuvering area may extend into the right-of- way; and (Ord. 5676, 12-3-2012) iii. Areas set aside for bicycle park- ing shall be clearly marked and re- served for bicycle parking only; and iv. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles. Parking areas shall be lo- cated so as to not conflict with vehi- cle vision clearance standards; and v. Bicycle parking shall be conve- niently located with respect to the street right-of-way and must be within fifty feet (50') of at least one main building entrance, as measured along the most direct pedestrian ac- cess route; and vi. Whenever possible, bicycle parking shall be incorporated into the building design and coordinate with the design of the street furniture when it is provided; and vii. Bicycle parking shall be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage; and viii. Bicycle parking shall be at least as well lit as vehicle parking for secu- rity. c. The location of and access to bicycle parking areas for office, manufacturing and fabrication, laboratories, packaging operations, and attached dwellings shall be in accordance with the following stan- dards: i. Bicycle parking standards i through iv in subsection F11b of this Section shall apply to this subsec- tion; and ii. Bicycle parking shall be provided for secure extended use and shall protect the entire bicycle and its com- ponents and accessories from theft and weather. Acceptable examples include bike lockers, bike check-in systems, in-building parking, and lim- ited access fenced areas with weather protection. iii. For in-building bike parking and limited access fenced areas, fixed structures for locking individual bikes, such as racks, must be pro- vided within the facility. For fenced areas, the fence shall be either six feet (6') high, or be floor-to-ceiling. iv. For attached dwellings, spaces within the dwelling units or on balco- nies do not count toward the bicycle parking requirement. However, des- ignated bicycle parking spaces within individual garages can count toward the minimum requirement. d. Modification: The Department of Community and Economic Development may authorize a modification from either of the minimum bicycle parking require- ments for a specific development should conditions warrant as described in RMC 4-9-250D2. When seeking a modification from the minimum bicycle parking re- 4-4-080G (Revised 3/13)4 - 38 quirements, the developer or building oc- cupant shall provide the Department of Community and Economic Development with written justification for the proposed modification. (Ord. 5529, 3-8-2010) G. PARKING LOT CONSTRUCTION REQUIREMENTS: 1. Surfacing Requirements for Parking Areas: All off-street parking areas shall be paved with asphaltic concrete, cement or equivalent material of a permanent nature as approved by the Public Works Department. 2. Surfacing Requirements for Storage Lots: Storage lots may be surfaced with crushed rock or similar material approved by the Public Works Department. 3. Marking Requirements: All parking ar- eas other than those for single family residen- tial and duplex dwellings shall have stalls marked and access lanes clearly defined, in- cluding directional arrows to guide internal circulation. a. All entrances and exits shall be des- ignated as such by markings on the park- ing lot pavement in addition to any signs which may be used as entrance and exit guides. b. All markings are to be of commercial traffic paint or equal material and are to be maintained in a legible condition. c. All accessible (Americans with Dis- abilities Act, ADA), compact and guest parking spaces shall be marked. 4. Wheel Stops Required: Wheel stops shall be required on the periphery of the park- ing lot so the cars shall not protrude into the public right-of-way of the parking lot, or strike buildings. Wheel stops shall be two feet (2') from the end of the stall for head-in parking. 5. Drainage: Drainage shall meet City re- quirements, including the location of the drains and the disposal of water. H. LANDSCAPE MAINTENANCE REQUIREMENTS: 1. Maintenance Required: Landscaping shall be kept neat, orderly and of attractive appearance at all times. Such landscaping shall be maintained by the owner and/or oc- cupant. 2. Periodic Inspection: Landscaped areas will be subject to periodic inspection by the Development Services Division to ensure maintenance. Said Division shall advise en- forcing authority of noncompliance with Sec- tion requirements. 3. Maintenance Bonds and Charges Au- thorized: In the event that such landscaping is not maintained in a reasonable, neat, and clean manner, the City shall have the right to demand a proper performance or similar bond from the owner or occupant of the pre- mises to assure proper and continuous main- tenance, or alternately, the City reserves the right to cause such maintenance to be done and to charge the full cost thereof unto the owner. (Ord. 3988, 4-28-1986) I. DRIVEWAY DESIGN STANDARDS: 1. Driveway Location – Hazard Prohib- ited: No driveway shall be constructed in such a manner as to be a hazard to any exist- ing street lighting standard, utility pole, traffic regulating device, fire hydrant, abutting street traffic, or similar devices or conditions. The cost of relocating any such street structure when necessary to do so shall be borne by the abutting property owner. Said relocation of any street structure shall be performed only through the department and person holding authority for the particular structure involved. (Ord. 4517, 5-8-1995; Ord. 5676, 12-3-2012) 4-4-080I 4 - 39 (Revised 3/13) 2. Driveway Spacing Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: i. The location of ingress and egress driveways shall be subject to approval of the Planning/Building/ Public Works Department under curb cut permit procedures. ii. There shall be a minimum of forty feet (40') between driveway curb re- turns where there is more than one driveway on property under unified ownership or control and used as one premises. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I7 of this Section, Joint Use Drive- ways). b. All Other Uses: i. The location of ingress and egress driveways shall be subject to approval of the Planning/Building/ Public Works Department under curb cut permit procedures. ii. Driveways shall not exceed forty percent (40%) of the street frontage. (Ord. 3988, 4-28-1986) iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I7 of this Section, Joint Use Drive- ways). (Ord. 4517, 5-8-1995) iv. There shall be a minimum of eighteen feet (18') between driveway curb returns where there is more than one driveway on property under single ownership or control and used as one premises. 3. Driveway Width Maximums Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: i. Driveways shall not exceed forty percent (40%) of the street frontage. ii. The width of any driveway shall not exceed fifty feet (50') exclusive of the radii of the returns or taper sec- tion, the measurement being made parallel to the centerline of the street roadway. iii. The Administrator may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable al- ternative. (Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) b. Single Family and Duplex Uses: The maximum width of single loaded ga- rage driveways shall not exceed nine feet (9') and double loaded garage driveways shall not exceed sixteen feet (16'). (Ord. 5517, 12-14-2009) c. All Other Uses: The width of any driveway shall not exceed thirty feet (30') exclusive of the radii of the returns or the taper section, the measurement being made parallel to the centerline of the street roadway. 4. Maximum Number of Driveways Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: There shall not be more than two (2) driveways for each 4-4-080J (Revised 3/13)4 - 40 three hundred thirty feet (330') of street frontage on property under unified own- ership or control. b. All Other Uses: There shall not be more than two (2) driveways for each three hundred thirty feet (330') of street frontage for a single ownership, except where a single ownership is developed into more than one unit of operation, each sufficient in itself to meet the re- quirements of this Section. In such case there shall not be more than two (2) drive- ways for each unit of operation. (Ord. 3988, 4-28-1986) 5. Driveway Angle – Minimum: The angle between any driveway and the street road- way or curb line shall not be less than forty five degrees (45°). 6. Driveway Grades – Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); pro- vided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence or crossing any public sidewalk. To exceed fifteen per- cent (15%), a variance from the Adminis- trator is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Administrator may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the ab- sence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. (Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 7. Joint Use Driveways: a. Benefits of: Joint use driveways re- duce the number of curb cuts along indi- vidual streets and thereby improve safety and reduce congestion while providing for additional on-street parking opportuni- ties. Joint use driveways should be en- couraged when feasible and appropriate. (Ord. 4517, 5-8-1995) b. Where Permitted: Adjoining uses may utilize a joint use driveway where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Department of Community and Economic Development. Joint use driveways must be created upon the common property line of the properties served or through the granting of a permanent access easement when said driveway does not exist upon a common property line. Joint use access to the driveway shall be as- sured by easement or other legal form acceptable to the City. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5450, 3-2-2009) 8. Driveways Providing Access or Con- nection To and From the State Highway System: Any driveway providing access or connection to or from the state highway sys- tem shall be designed and installed pursuant to RMC 4-6-060F.10. (Ord. 5413, 10-13-2008) J. LOADING SPACE STANDARDS: 1. Loading Space Required: For all build- ings hereafter erected, reconstructed or en- larged, adequate permanent off-street loading space shall be provided if the activity carried on in such building requires deliveries to it or shipments from it of people or mer- chandise. Loading space shall be in addition to required off-street parking spaces. 2. Plan Required: Loading space shall be shown on a plan and submitted for approval by the Development Services Division. 3. Projection into Streets or Alleys Pro- hibited: No portion of a vehicle taking part in loading or unloading activities shall project into a public street or alley. Ingress and egress points from public rights-of-way at designated driveways shall be designed and located in such a manner as to preclude off- site or on-street maneuvering of vehicles. 4-4-080L 4 - 41 (Revised 3/13) 4. Minimum Clear Area for Dock High Loading Doors: Buildings which utilize dock- high loading doors shall provide a minimum one hundred feet (100') of clear maneuvering area in front of each door. 5. Minimum Clear Area for Ground Level Loading Doors: Buildings which utilize ground level service or loading doors shall provide a minimum of forty five feet (45') of clear maneuvering area in front of each door. (Ord. 3988, 4-28-1986) K. MODIFICATIONS: 1. Special Provisions for Use of Paved Recreation Space for Parking: The Building Department may authorize the use of space designated and primarily used for recreation purposes for a portion of the required parking space provided the space conforms to the fol- lowing conditions: Such parking areas shall be subject to all locational and developmental provisions of this Section; such portions of the recreation area to be used for parking shall be paved with a durable, dustless sur- face of a permanent nature; and such parking space may be credited only to space require- ments of the principal use which it is intended to serve. (Ord. 4517, 5-8-1995) 2. Modification of Standards: See RMC 4-9-250D. L. DEFERRAL OF CONSTRUCTION: 1. Deferral of Installation of Required Im- provements: See RMC 4-9-060. The re- quirement of a bond for landscape installation may be waived upon approval of the Devel- opment Services Division, and upon written application by the applicant. (Ord. 3718, 3-28-1983) 2. Delay in Installation of Parking Spaces – Reserve Parking Areas: a. Decision Criteria: The Building Offi- cial may approve a delay in the installa- tion of up to fifty percent (50%) of the minimum number of parking spaces oth- erwise required to be installed, provided: i. The applicant provides data which substantiates the reduced need for parking, and ii. The applicant reserves on-site area so that the minimum number of parking spaces can be provided. Any reserved space must be clearly des- ignated on a site plan recorded with the City Clerk, and must be de- scribed on the certificate of occu- pancy for the use. b. Standards for Parking Reserve Ar- eas: i. No space reserved for parking may be utilized to fulfill the minimum landscaping development of open space requirements of this Code. However, all reserved space must be landscaped or developed as open space. ii. The Building Official may review the parking situation at any time to evaluate the parking demand on the subject property. If the Building Offi- cial, after such review, reasonably determines that additional parking is needed, the Building Official shall re- quire that reserved space be devel- oped for parking, or that necessary parking be secured by some other means. 4-4-080M (Revised 3/13)4 - 42 iii. A delay in the installation of re- quired parking may be approved only for a specific use and automatically lapses upon the cessation of that use. (Ord. 3988, 4-28-1986) M. APPEALS: To Hearing Examiner pursuant to RMC 4-8-110. 4-4-090 REFUSE AND RECYCLABLES STANDARDS: A. APPLICABILITY: All new developments for multi-family residences, commercial, industrial and other nonresidential uses shall provide on-site refuse and recyclables deposit areas and collection points for collection of refuse and recyclables in compliance with this Section. B. EXEMPTION FOR SINGLE FAMILY AND TWO (2) ATTACHED RESIDENCES (DUPLEXES): Single family and two (2) attached residences (duplexes) shall be exempt from these require- ments for refuse and recyclables deposit areas. C. GENERAL REQUIREMENTS APPLICABLE TO ALL USES (EXCEPT SINGLE FAMILY AND TWO (2) ATTACHED DWELLING UNITS): 1. Dimensions: Dimensions of the refuse and recyclables deposit areas shall be of suf- ficient width and depth to enclose containers for refuse and recyclables, and to allow easy access. 2. Location in Setback or Landscape Ar- eas Prohibited: Outdoor refuse and recycla- bles deposit areas and collection points shall not be located in any required setback or landscape areas. 3. Special Setbacks from Residential Properties: Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a property zoned RC, R-1, R-4, R-8, R-10, R-14, or RM, except by approval through the site develop- ment plan review process, or via the modifi- cation process if exempt from site development plan review. (Ord. 5676, 12-3-2012) 4. Obstruction Prohibited: Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any pub- lic right-of-way. 5. Collocation Encouraged: When possi- ble, the recyclables deposit areas and collec- tion points shall be located near garbage collection areas to encourage their use. (Ord. 5676, 12-3-2012) 6. Signage Required: Refuse or recycla- bles deposit areas shall be identified by signs not exceeding two (2) square feet. 7. Architectural Design of Deposit Areas to Be Consistent with Primary Structure: Architectural design of any structure enclos- ing an outdoor refuse or recyclables deposit area or any building primarily used to contain a refuse or recyclables deposit area shall be consistent with the design of the primary structure(s) on the site as determined by the Development Services Division Director. 8. Screening of Deposit Areas: Garbage dumpsters, refuse compactor areas, and re- cycling collection areas must be fenced or screened. A six foot (6') wall or fence shall en- close any outdoor refuse or recyclables de- posit area. In cases where Zoning Code fencing provisions conflict with the six foot (6') wall or fence requirement, the Zoning Code provisions shall rule. Refuse and recyclables deposit areas located in industrial develop- ments that are greater than one hundred feet (100') from residentially zoned property are exempted from this wall or fence requirement. 9. Minimum Gate Opening and Minimum Vertical Clearance: Enclosures for outdoor refuse or recyclables deposit areas/collection points and separate buildings used primarily to contain a refuse or recyclables deposit area/collection point shall have gate open- ings at least twelve feet (12') wide for haulers. In addition, the gate opening for any separate building or other roofed structure used prima- rily as a refuse or recyclables deposit area/ collection point shall have a vertical clear- ance of at least fifteen feet (15'). 10. Weather Protection: Weather protec- tion of refuse and recyclables shall be en- 4-4-090E 4 - 43 (Revised 3/13) sured by using weather-proofed containers or by providing a roof over the storage area. 11. Approval of Screening Detail Plan Required: A screening detail plan must be approved by the Development Services Divi- sion prior to the issuance of building or con- struction permits. D. MULTI-FAMILY DEVELOPMENTS – ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit area and col- lection points for multi-family residences shall be apportioned, located and designed as follows: 1. Minimum Size: A minimum of one and one-half (1-1/2) square feet per dwelling unit in multi-family residences shall be provided for recyclables deposit areas, except where the development is participating in a City- sponsored program in which individual recy- cling bins are used for curbside collection. A minimum of three (3) square feet per dwelling unit shall be provided for refuse deposit ar- eas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. 2. Minimum Number of Deposit Areas: There shall be a minimum of one refuse and recyclables deposit area/collection point for each project. There shall be at least one de- posit area/collection point for every thirty (30) dwelling units. 3. Dispersal of Deposit Areas: The re- quired refuse and recyclables deposit areas shall be dispersed throughout the site when a residential development comprises more than one building. 4. Location within Structures Possible: Refuse and recyclables deposit areas and collection points may be located in separate buildings/structures or outdoors. Refuse and recyclables deposit areas may be located within residential buildings, providing that they are in compliance with the Uniform Fire Code, and that collection points are easily and safely accessible to hauling trucks. 5. Maximum Distance from Building En- trance: Refuse and recyclables deposit ar- eas and collection points shall be located no more than two hundred feet (200') from a common entrance of a residential building, al- lowing for easy access by residents and haul- ing trucks. 6. Site Plan Location: If refuse or recycla- ble containers are located within a building, then the space which these facilities utilize as well as parking space for refuse/recyclable container-towing vehicles must be clearly shown on plans submitted to the City. Addi- tionally, an exterior space must be provided to accommodate the container(s) on refuse/re- cyclable pick-up days. (Ord. 4971, 6-10-2002) 7. Parking Space Obstruction Prohib- ited: Refuse and recyclable containers, and associated refuse/recyclable container-tow- ing vehicles may not obstruct a required park- ing space at any time. (Ord. 4971, 6-10-2002) 8. Storage in Required Parking Space Prohibited: Refuse and recyclable contain- ers, and associated refuse/recyclable con- tainer-towing vehicles may not be stored in the minimum required parking spaces for a development. (Ord. 4971, 6-10-2002) E. COMMERCIAL, INDUSTRIAL, AND OTHER NONRESIDENTIAL DEVELOPMENTS – ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit areas and collection points for commercial, industrial and other nonresidential developments shall be ap- portioned, located and designed as follows: 1. Location: Refuse and recyclables de- posit areas and collection points may be allo- cated to a centralized area, or dispersed throughout the site, in easily accessible areas for both users and hauling trucks. 2. Accessibility May Be Limited: Access to refuse and recyclables deposit areas and collection points may be limited, except dur- ing regular business hours and/or specific collection hours. 3. Office, Educational and Institutional Developments – Minimum Size: In office, educational and institutional developments, a minimum of two (2) square feet per every one thousand (1,000) square feet of building 4-4-090F (Revised 3/13)4 - 44 gross floor area shall be provided for recycla- bles deposit areas and a minimum of four (4) square feet per one thousand (1,000) square feet of building gross floor area shall be pro- vided for refuse deposit areas. A total mini- mum area of one hundred (100) square feet shall be provided for recycling and refuse de- posit areas. 4. Manufacturing and Other Nonresiden- tial Developments – Minimum Size: In manufacturing and other nonresidential de- velopments, a minimum of three (3) square feet per every one thousand (1,000) square feet of building gross floor area shall be pro- vided for recyclables deposit areas and a minimum of six (6) square feet per one thou- sand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recy- cling and refuse deposit areas. 5. Retail Developments – Minimum Size: In retail developments, a minimum of five (5) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten (10) square feet per one thousand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas. F. MODIFICATIONS: Whenever there are practical difficulties involved in carrying out the provisions of this Section, mod- ifications may be granted for individual cases in accordance with the procedures and review crite- ria in RMC 4-9-250D. G. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Community and Economic Development Admin- istrator within fifteen (15) days and filed, in writing, with the Department of Community and Economic Development. The Administrator shall give sub- stantial weight to any discretionary decision of the City rendered pursuant to this Section. (Ord. 4376, 11-16-1992, Ord. 4703, 2-2-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5156, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-4-095 SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS: A. PURPOSE: The purpose of this Section is to provide screen- ing standards for mechanical equipment and out- door service and storage areas to reduce visibility, noise, and related impacts while allowing accessibility for providers and users. B. APPLICABILITY: The standards contained in this Section shall ap- ply to: 1. New or Replacement Equipment/Ac- tivity: All proposals for new or replacement surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas. 2. Enlargement or Exterior Modifications of Existing Structures: Sites with existing surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas, that are not screened in conformance with this Section shall be required to conform to the screening requirements of this Section if enlarged or al- tered when the cost of additions, expansions, or alterations exceeds fifty percent (50%) of the assessed value of the existing structure or use shall result in the application of this Section; provided, that interior alterations or improvements which do not result in the exte- rior modification of an existing building, struc- ture, or use shall be exempt from these provisions. C. AUTHORITY: The Community and Economic Development Ad- ministrator shall determine compliance with these standards concurrently with any development permit review. (Ord. 5676, 12-3-2012) D. SURFACE MOUNTED EQUIPMENT: 1. General Screening: All on-site surface mounted utility equipment shall be screened from public view. Screening shall consist of equipment cabinets enclosing the utility equipment, solid fencing or a wall of a height at least as high as the equipment it screens, or a landscaped visual barrier allowing for reasonable access to equipment. Equipment cabinets, fencing, and walls shall be made of 4-4-095H 4 - 45 (Revised 3/13) materials and/or colors compatible with build- ing materials. a. Industrial Zone Exemption: Sur- face mounted equipment located in in- dustrial developments that are greater than one hundred feet (100') from resi- dentially zoned property and/or public streets are exempted from requirements in subsection D1 of this Section, General Screening. E. ROOF-TOP EQUIPMENT: All operating equipment located on the roof of any building shall be enclosed so as to be screened from public view, excluding telecommunications equipment. Shielding shall consist of the follow- ing: 1. New Construction: Roof wells, cleresto- ries, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclo- sures as determined by the Administrator to meet the intent of this requirement. 2. Additions to Existing Buildings: Where the existing roof structure cannot safely support the required screening, or where the integrity of the existing roof will be compromised by the screening, the Adminis- trator may authorize painting of the equip- ment to match the approximate color of the background against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. (Ord. 5676, 12-3-2012) F. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1. Outdoor Loading – Multi-Family Zones: Loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined through the site plan development review process or the modification process for site plan devel- opment review exempt proposals. 2. Outdoor Loading, Repair, Mainte- nance and Work Areas – Commercial and Industrial Zones: Screening is not required, except when the subject commercial or in- dustrial lot abuts or is adjacent to a residen- tially zoned lot, i.e., RC, R-1, R-4, R-8, RMH, R-10, R-14, RM, and the regulated activity is proposed on the side of the property abutting or adjacent to the listed zones. In such cases, a fence, or landscaping, or a landscaped berm, or a combination thereof is required to achieve adequate visual or acoustical screening. These provisions may be modified through the site plan development review process, or the modification process for site plan exempt proposals, where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc. 3. Outdoor Storage – Commercial or In- dustrial Zones: When permitted by the un- derlying zone, outdoor storage must be screened from adjacent or abutting properties and public rights-of-way. Outdoor storage uses shall provide sight-obscuring fences or solid walls a minimum of six feet (6') in height, berming, and/or landscaping as determined by the Administrator to achieve adequate vi- sual or acoustical screening. Outside storage shall not be permitted in any required setback area. Products or materials covered by build- ings with roofs but without sides shall be con- sidered outside storage and subject to the screening provisions of this Section. Exterior sales of autos, boats and motorcycles are not considered outdoor storage. a. Special Outdoor Storage Height Requirements, Industrial Zones: Lim- ited to fifteen feet (15') in height. (Ord. 5676, 12-3-2012) G. VEHICLE STORAGE SCREENING, CA ZONE: In lieu of subsection F3 of this Section, vehicle storage screening shall include the following: fencing, berming, enclosing walls and landscap- ing, as determined by the Administrator, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited rights-of-way. (Ord. 5676, 12-3-2012) H. OUTDOOR RETAIL SALES – CD ZONE: Outdoor retail sales uses in the CD Zone must be fully enclosed on all sides and screened from view of adjacent uses and abutting public streets. 4-4-095I (Revised 3/13)4 - 46 I. VARIANCES: A variance to standards that are not otherwise al- lowed to be altered via another process in accor- dance with subsections D through G of this Section may be sought pursuant to RMC 4-9-250. J. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002) 4-4-100 SIGN REGULATIONS: A. PURPOSE: It is the purpose of these regulations to provide a means of regulating signs so as to promote the health, safety, morals, general welfare, social and economic welfare and esthetics of the City of Renton. Signs are erected to provide information for the benefit and convenience of pedestrians and motorists and should not detract from the quality of urban environment by being competitive or garish. Signs should complement and charac- terize the environment which they serve to give their respective areas a unique and pleasing quality. The regulations of this Code are not in- tended to permit any violations of any other lawful ordinance. The purposes of this Section are im- plemented through the establishment of stan- dards for the type, placement, scale, and construction of signs which varies by use, zoning district, or City Center sign district. (Ord. 2877, 9-9-1974; Amd. Ord. 4720, 5-4-1998) B. APPLICABILITY AND AUTHORITY: 1. Applicability: No sign shall hereafter be erected, re-erected, constructed or altered, except as provided by this Code and a permit for the same has been issued by the Building Official. 2. Permits Required: A separate permit shall be required for a sign or signs for each business entity and/or a separate permit for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. (Ord. 4629, 8-19-1996) 3. Periodic Inspection of Signs: All signs controlled by this Section shall be subject to inspection and periodic reinspection by the Community and Economic Development Ad- ministrator. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord. 5450, 3-2-2009) 4. Authority of Community and Eco- nomic Development Administrator: The Community and Economic Development Ad- ministrator is hereby authorized and directed to enforce all the provisions of this section. The Administrator may order the removal of any sign that is not maintained in accordance with the provisions of subsection D3 of this section. (Ord. 2877, 9-9-1974; Amd. Ord. 3719, 4-11-1983; Ord. 4832, 3-6-2000; Ord. 5450, 3-2-2009) 5. Exemptions from Sign Code Regula- tions: a. Indoor Signage: This Code does not apply to any signs or sign structures located within a building. (Ord. 2877, 9-9-1974, Amd. Ord. 4720, 5-4-1998) b. Government and Utility Signage: Nothing in this Code shall be interpreted as controlling public and informational signs placed on the public right-of-way by any governmental agency or public utility having underground or overhead installa- tions. (Ord. 2877, 9-9-1974) c. Awning, Canopy, and Marquee Structures Having No Signage: Aw- nings and canopies shall meet the appli- cable provisions of the adopted edition of the International Building Code. (Ord. 4720, 5-4-1998; Ord. 5450, 3-2-2009) 6. Exceptions from Permit Require- ments: The following shall not require a sign permit. These exceptions shall not be con- strued as relieving the owner of any sign from the responsibility of its erection, maintenance and compliance with any other law or ordi- nance regulating the same. a. Bulletin Boards: Bulletin board not over twelve (12) square feet in area on one face for each public, charitable or re- ligious institution when the same is lo- cated on the premises of said institution. b. City Sponsored Signs: Temporary signs for the purpose of announcing or promoting a City sponsored community fair, festival, or event. Such decorations and signs may be displayed no more than fourteen (14) calendar days prior to and during the fair, festival, or event. All 4-4-100B 4 - 46.1 (Revised 3/13) decorations and signs must be removed within five (5) calendar days following the end of the fair, festival or event. Excep- tions to the time limitations may be ap- proved by the Mayor’s office. The temporary signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Systems Division. c. City Sponsored or Co-Sponsored Signs and Displays: City sponsored or co-sponsored signs, banners, or decora- tions subject to approval of the Mayor’s office. These signs, banners, and dis- plays may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Trans- portation Systems Division. (Amd. Ord. 4848, 6-26-2000) d. Construction Signs: i. Construction Advertising: One temporary sign per street frontage, not exceeding thirty two (32) square feet in area on one face, denoting the architect, engineer, contractor, finan- cier, developer and/or future site oc- cupant or tenant when placed on the site of new construction and/or build- ing or site renovation. ii. Temporary Replacement Sig- nage: Existing uses which have re- moved permanent signage during a construction project may install tem- porary banners and/or rigid portable signs in lieu of permanent signage. Only one banner or rigid portable sign shall be allowed per street front- age. Wall-hung and wall-pole strung banners shall not exceed one hun- dred (100) square feet in size, pole- hung banners shall not exceed twenty (20) square feet in size, and rigid portable signs shall not exceed thirty two (32) square feet in size. The above temporary signage may only be displayed in conjunction with a valid building or construction per- mit. Temporary replacement signs shall be removed at, or prior to, the fi- nalization of the building permit. (Amd. Ord. 4859, 9-18-2000) e. Copy Changes: The changing of the advertising copy or message on a painted or printed sign, theater marquee and similar signs specifically designed for the use of replaceable copy. f. Credit Signs: Signs of not over two (2) square feet advertising that credit is available to members of monetary institu- tions. g. Flags: National, State, county and municipal flags properly displayed. In ad- dition, one corporate or institutional flag may be properly displayed per site. (Ord. 4848, 6-26-2000) h. Garage Sale Signs: See RMC 4-4-100J3. (Ord. 5062, 1-26-2004) i. Holiday Displays: Temporary signs and decorations customary for special holidays, observed by the federal, state or municipal government erected entirely on private property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) j. Memorial Signs: Memorial signs or tables, names of buildings and dates of erection, when cut into any masonry sur- face or when constructed of bronze or other incombustible materials. (Ord. 4629, 8-19-1996; Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) k. Modifications Not Requiring Structural or Electrical Changes: i. Outside of City Center: Paint- ing, repainting or cleaning of an ad- vertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) ii. Inside City Center Sign Regu- lation Boundaries: Painting, re- painting or cleaning of an advertising structure shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. A change 4-4-100C (Revised 3/13)4 - 46.2 of sign face shall be subject to permit requirements. (Ord. 4720, 5-4-1998; Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) l. Open House Signs. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) m. Political Signs: Political signs less than thirty-two (32) square feet on one face as herein defined. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5604, 6-6-2011) n. Public Art: Sculptures, wall paint- ings, murals, collages, banners and other design features which do not incorporate advertising or identification, consistent with the provisions and procedures of the Public Art Exemption, RMC 4-9-160. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) o. Public Service Signs: Nonadvertis- ing and nonpromotional signs such as cit- izen recognition signs, neighborhood welcome signs, signs indicating scenic or historic points of interest, or other signs of similar nature as determined by the De- velopment Services Division. Such signs may be located in any zone and shall re- quire approval of the Development Ser- vices Division. These signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Sys- tems Division. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) p. Real Estate Signs: Open house signs as described in subsection J2b(i) of this Section and freestanding real estate signs as described in subsection J2c of this Section. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) q. Safety Information Signs: Signs of public service companies indicating dan- ger and/or service or safety information. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) r. Small Parking and Traffic Control Signs: Parking and traffic control signs two (2) square feet or less on private property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) s. Small Wall Signs: One on-premises sign, not electrical or illuminated, two (2) square feet or less on one face which is affixed permanently on a plane parallel to the wall on the wall located entirely on pri- vate property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) t. Weekend and Holiday Display Sig- nage for Vehicle and Vessel Sales in the Automall Overlay Districts: Bal- loons, with no limit on size or number per site, may be displayed on Fridays, Satur- days, and Sundays, federal legal holi- days and December 26 – 31. (Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) u. Banner Signage for Vehicle and Vessel Sales in the Automall Overlay Districts: Wall-hung and pole-hung ban- ners are permitted as follows: i. Wall-Hung Banner Size and Lo- cation Limitations: Wall-hung ban- ners shall not exceed one hundred (100) square feet in size. There are no restrictions on the number per wall or number per site. Wall-hung banners shall not cover up perma- nent signage or address numbers. ii. Pole-Hung Banner Size and Location Limitations: Pole-hung banners shall not exceed twenty (20) square feet in size. No more than one pole-hung banner shall be located on any on-site pole or light standard. There are no restrictions on the num- ber of pole-hung banners per site. (Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) C. PROHIBITED SIGNS AND DEVICES: The following signs or devices are specifically prohibited: 1. Signs Which Violate State Regula- tions: All signs not complying with the Wash- ington State Highway Department regulations abutting State roads. (Ord. 4629, 8-19-1996; Ord. 5676, 12-3-2012) 4-4-100C 4 - 46.3 (Revised 3/13) 2. Signs Which Interfere with Traffic Control: Any sign using the words “stop”, “look”, “danger” or any other word, symbol or character which might confuse traffic or de- tract from any legal traffic control device. No sign shall be erected in such a manner as to confine or obstruct the view or interpretation of any official traffic sign, signal or device. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) 3. Animated, Revolving, Blinking and Flashing Signs: a. Outside City Center: All of the fol- lowing signs located within seventy five feet (75') of the public right-of-way with any of the following features: animated, revolving more than eight (8) revolutions per minute, blinking and flashing. Excep- tions are public service signs, such as those which give the time, temperature and/or humidity, and electronic message boards/signs for public facilities and car dealers located within the Automall Area(s). (Ord. 4629, 8-19-1996, Amd. Ord. 4724, 5-11-1998; Ord. 4766, 3-1-1999). b. Inside City Center Sign Regulation Area Boundaries: In the City Center, all of the following signs with any of the fol- lowing features: animated, revolving, blinking and flashing. Exceptions are public service signs, such as those which give the time, temperature and/or humid- ity, and barber poles. 4. Devices of a Carnival Nature: Balloons, flags, pennants/streamers, wind-animated objects, searchlights, inflatable statuary, and similar devices of a carnival nature except as specifically provided in subsections B6, Ex- emptions from Permit Requirements, and J6, Event Signs, of this Section. (Amd. Ord. 4848, 6-26-2000) 5. Banners and Rigid Portable Signs: Banners and rigid portable signs or any simi- lar sign which is not permanently mounted, except for those signs specifically permitted by subsections B6, Exceptions from Permit Requirements, and J, Temporary Signs, of this Section. (Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 6. Signs Which Obscure Vision: There shall be no signs allowed within twenty feet (20') of intersections or driveways which shall obscure vision between the height of three feet (3') and ten feet (10') of the street or driveway grade. 7. Signs on Stationary Vehicles: Station- ary motor vehicles, trailers and related de- vices to circumvent the intent of this Code. (Ord. 4629, 8-19-1996) 8. Signs over Public Right-of-Way: Signs over public right-of-way other than signs specified in subsection L2 of this Section, projecting signs, temporary cloth signs per subsection J1c of this Section, City spon- sored signs and public service signs per sub- sections B6b, B6c and B6o of this Section. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) 9. Signs on Public Right-of-Way: Signs on public right-of-way other than real estate kiosk signs, temporary and portable signs al- lowed by subsection J of this Section; and subsections B6b, City Sponsored Signs; B6c, City Sponsored or Co-Sponsored Signs and Displays; B6o, Public Service Signs; B6q, Safety Information Signs; and I, Signs on Public Right-of-Way, of this Section. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) 10. Off-Premises Signs: Except tempo- rary and portable signs allowed by subsec- tions J of this Section; City sponsored signs and public service signs per subsections B6b, City Sponsored Signs; B6c, City Spon- sored or Co-Sponsored Signs and Displays; and B6o, Public Service Signs, of this Sec- tion. (Ord. 4172, 9-12-1988; Amd. Ord. 4629, 8-19-1996; Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) 11. Roof Signs within the City Center Sign Regulation Area, subsection H of this Section, shall be prohibited. (Ord. 4720, 5-4-1998) 12. Signs Obscuring Address Numbers. (Ord. 4848, 6-26-2000) 13. Signs Located in Designated Fire Lanes: Signs shall not encroach within any 4-4-100D (Revised 3/13)4 - 46.4 on-site fire lane, i.e., a minimum clearance of fourteen feet (14') in height and twenty feet (20') in width. (Ord. 4848, 6-26-2000) 14. Perimeter Street Landscaping: No sign shall be located within required perime- ter street landscaping. (Ord. 4848, 6-26-2000) 15. Signs on Vegetation: No sign or adver- tising device shall be attached or hung on or from a tree or shrub. (Ord. 4848, 6-26-2000) 16. Real Estate Signs: a. Any off-premises real estate sign, ex- cept open house, real estate directional, and real estate kiosk signs. b. In no case shall any real estate sign be less than four (4) square feet, except for open house signs. c. Any off-premises real estate sign lo- cated at the same intersection corner, or location as an approved public service sign or public art. d. Any real estate sign closer than four feet (4') to the edge of a public roadway. e. Any real estate sign placed in a man- ner as to constitute a public safety hazard as determined by the Development Ser- vices Division. (Ord. 5062, 1-26-2004; Ord. 5496, 10-5-2009) D. GENERAL REQUIREMENTS FOR SIGNS: 1. Permit Fees: At the time of issuing a per- mit to erect or install a sign or device con- trolled by this Code, the Building Official shall collect a fee pursuant to RMC 4-1-140M. 2. Method of Calculating Sign Area: For the purpose of computing the maximum per- mitted size and permit fee, freestanding let- ters or characters, where no background is specially provided, the area shall be consid- ered as that encompassed by drawing straight lines at the extremities of the shapes to be used. 3. Sign Maintenance Required: All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The surfaces of all signs shall be kept neatly painted or posted at all times. The ground area shall be neat and orderly. (Ord. 3719, 4-11-1983) 4. Appearance of Signs: If a sign is visible from more than one direction, all areas not in- tended as display surfaces including the back and sides shall be designed so that such ar- eas are given a finished and pleasing appear- ance with the display surfaces visible only from the directions that they are intended to be seen. (Ord. 2504, 9-23-1969) 5. Lighting: All illuminated signs shall be designed and located in such a manner as to avoid undue glare or reflection of light. Unless specifically restricted, signs may be internally or externally illuminated, or have tube illumi- nation. (Ord. 2504, 9-23-1969; Amd. Ord. 4720, 5-4-1998) 6. Removal of Signage Upon Closure of Business: a. City-Wide Outside of City Center: Upon the closure and vacation of a busi- ness or activity, the owner of said busi- ness or activity shall have ninety (90) days from the date of closure to remove all signs relating to said business and ac- tivity. If the owner of said business or ac- tivity fails to remove said signs within the designated time period, then the owner of the property upon which said signs are located shall remove said signs within one hundred twenty (120) days of said closure and vacation of premises. (Ord. 4720, 5-4-1998) b. City Center Sign Regulation Area: Upon the effective date of this Section (June 8, 1998), the following regulations shall govern sign removal in the City Center Sign Regulation Area upon clo- sure of business: i. Timing and Responsibility for Removal: Upon the closure and va- cation of a business or activity, the owner of said business or activity shall immediately remove all signs relating to said business and activity. If the owner of said business or activ- ity fails to remove said signs, then the 4-4-100D 4 - 46.5 (Revised 3/13) owner of the property upon which said signs are located shall remove said signs within thirty (30) days of said closure and vacation of pre- mises. If the owner of the property fails to remove the signs within the designated time limit, then the Build- ing Official may upon due notice en- force civil penalty regulations per RMC 1-3-2. Prior to the end of the thirty (30) day time period or time pe- riod established upon notice by the City pursuant to enforcement of civil penalty regulations, a new tenant or the property owner may request utili- zation of existing signs or sign struc- tures as regulated in paragraphs ii through iv of this subsection. ii. Exception for Conforming Signs: Conforming signs and sign structures may be utilized by a new tenant or owner. The tenant or owner shall submit a sign permit application to confirm the conformity of the signs and sign structures. Permit fees are not required when the Administrator determines that no change to the conforming sign will be made. Where there will be alterations or new sign faces of the existing conforming signs or sign structures, sign permit fees shall apply. (Ord. 4720, 5-4-1998) iii. Exception for Nonconforming Signs: Nonconforming signs and sign structures shall not be utilized by a new tenant or owner unless one or more of the following conditions is present: • The sign is considered to be of historic value, and has been des- ignated as such by the Renton City Council through adoption of a resolution or ordinance; or • Replacement of sign faces may be allowed if there is a change in the corporate name of the busi- ness due to merger, acquisition or new management, but no change in use or activity, and the property was not vacated in the transition. Such signs shall be subject to applicable sign permit and fee requirements; or • A variance or modification was granted to the previous tenant or owner, and the conditions war- ranting the variance or modifica- tion are still present. The approval or denial shall be docu- mented by administrative deter- mination. If the Administrator indicates that conditions do not appear to warrant continuation of the previous variance or modifi- cation, the applicant may submit a new variance or modification application; or • The applicant proposes to alter the nonconforming sign in order to make it fully conforming. Alter- ation of the sign shall be subject to applicable sign permit and fee requirements; or • Application is made for a sign modification or variance as ap- propriate. If the above provisions are not met, then the noncon- forming sign or sign structure shall be removed immediately. (Ord. 3719, 4-11-1983, Amd. Ord. 4422, 10-25-1993, Ord. 4720, 5-4-1998) iv. Immediate Removal: If the pro- visions of subsection D6b(iii) of this Section are not met, then the non- conforming sign or sign structure shall be removed immediately. (Ord. 5676, 12-3-2012) 7. Nonconforming Signs: Any noncon- forming signage which was erected prior to the enactment of the Sign Code (September 9, 1974), or which was erected legally in ac- cordance with the provisions of the sign ordi- nance in effect at the time of erection, or which has a valid building permit from the City may remain in use by the existing business, subject to the following: a. The changing of advertising copy or message thereon is permitted provided no structural or electrical alteration is made. A sign permit shall be obtained by 4-4-100E (Revised 3/13)4 - 46.6 the existing business, unless exempt from permit requirements pursuant to subsection B6e of this Section. Other proposed alterations are subject to sub- sections D7b through D7d of this Section. b. The sign shall be kept in a safe con- dition. Nothing in this Section shall pre- vent the strengthening or restoring to a safe condition of any portion of a sign de- clared unsafe by a proper authority. Legal nonconforming signage is subject to all requirements of this Code regarding safety, maintenance, and repair. c. Excluding the cost of changing ad- vertising copy/messages per subsection D7a of this Section, the cost of alterations of a legal nonconforming sign shall not exceed an aggregate cost of fifty percent (50%) of the value of the sign, based upon its replacement value, unless the amount over fifty percent (50%) is used to make the sign more conforming. Alter- ations shall not result in or increase any nonconforming condition. d. The reconstruction, repairing, re- building and continued use of a noncon- forming sign damaged by fire, explosion, or act of God, subsequent to the effective date of these regulations (June 8, 1998), may be allowed as follows: the work shall not exceed fifty percent (50%) of its re- placement value of the sign at the time such damage occurred; otherwise, any restoration or reconstruction shall con- form to the regulations and standards specified in this Section. (Ord. 4720, 5-4-1998) E. SIZE, NUMBER AND HEIGHT OF PERMANENT SIGNS: 1. Permitted and Prohibited Signs: Only those signs specifically designated are per- mitted; all others are prohibited. (Ord. 4464, 7-25-1994) 2. Location Limitations: Setbacks for signage shall be as listed in the applicable zone as established by chapter 4-2 RMC. (Ord. 4464, 7-25-1994; Amd. Ord. 4720, 5-4-1998; Ord. 5578, 11-15-2010) 3. Height Limits: a. Signs within City Center: See sub- section H of this Section. b. Signs within Urban Design Sign Regulation Area: See subsection G of this Section. c. Signs Outside City Center and Outside Urban Design Sign Regula- tion Areas: The height limitation for free- standing, ground, projecting and combination signs shall be the maximum height of the zone or forty feet (40'), whichever is less. Roof signs may extend twenty feet (20') above the parapet wall. This Section shall not apply to those signs covered by subsection E5e of this Section, Large Retail Uses, or subsection G of this Section, Signs Within Urban De- sign Area – Special Requirements, or subsection H of this Section, Signs Within City Center – Special Require- ments, or subsection E5f(ii) of this Sec- tion, Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Automall Area(s). (Ord. 4464, 7-25-1994, Amd. Ord. 4720, 5-4-1998; Ord. 5066, 4-5-2004; Ord. 5578, 11-15-2010) 4. Signs Permitted in All Residential, Commercial, and Industrial Zones: In all residential, commercial and industrial zones the following shall apply: (Ord. 5578, 11-15-2010) a. Churches, Apartments, Subdivi- sions, and Existing Legally Estab- lished Nonconforming Businesses within Residential Zones: Churches, apartment buildings, subdivision devel- opments, existing legally established nonconforming businesses within resi- dential zones and similar occupancies lo- cated 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 de- vice other than that in keeping with the development. Freestanding signs shall be not higher than six feet (6') above any 4-4-100E 4 - 46.7 (Revised 3/13) 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. (Ord. 5675, 12-3-2012) i. Decorative Flags: Apartment buildings, residential subdivision de- velopments and similar occupancies located in residential and mixed-use zones may also display decorative flags in accordance with the following requirements: (a) Permit Requirements: Permit required. (b) Sign Type: A lightweight fabric or similar material, sup- ported by a vertical or horizontal staff. (c) Allowed Uses: Multi-family residential complexes and subdi- visions of ten (10) or more units or lots. (d) Maximum Size: Each flag shall not exceed twenty five (25) square feet. (e) Maximum Height: Flags, including the supports, shall not exceed the height limitations for the zone in which it is located. (f) Sign/Pole Location: Only permissible when located within one hundred feet (100') of the en- trance to a subdivision or a multi- family development. The sign/ pole shall be located on the de- velopment premises and shall be set back a minimum of one foot from the property line for each foot in height. (Amd. Ord. 4766, 3-1-1999; Ord. 5062, 1-26-2004) b. Home Occupations: Only one home occupation sign, not illuminated, not exceeding two (2) square feet in area, attached to the wall of the building with the face of the sign in a plane parallel to the plane of the wall is permitted. c. Temporary Signs: Temporary signs per subsection J of this Section are al- lowed, except for cloth signs over public right-of-way. (Ord. 3719, 4-11-1983; Amd. Ord. 4172, 9-12-1988; Ord. 4720, 5-4-1998; Ord. 5062, 1-26-2004) d. Public Facilities (Public Buildings, Schools, Parks and Recreation Facili- ties): Each individual public facility may have one freestanding electronic or man- ual message board, a maximum of twenty five feet (25') in height and one hundred fifty (150) square feet in size. In addition to the message board sign, each individ- ual facility may have one freestanding sign not higher than six feet (6') above any established grade for each street frontage and no more than one hundred (100) square feet. Freestanding signs shall be no closer than ten feet (10') to any street right-of-way or five feet (5') to any side property line. In addition to the free- standing signs, wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4766, 3-1-1999; Ord. 5062, 1-26-2004) 5. Additional Signs Permitted in Com- mercial and Industrial Zones: Except in the City Center Sign Regulation Area, subsection H of this Section, the following shall apply in all commercial and industrial zones: (Ord. 5578, 11-15-2010) a. Business Signs – General: i. Freestanding, Ground, Roof and Projecting Signs: Each individ- ual business establishment may have only one sign for each street frontage of any one of the following types: Freestanding, roof, ground, projecting or combination. Each sign shall not exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property front- age which the business occupies up to a maximum of three hundred (300) square feet; or if such sign is multi- faced, the maximum allowance shall not be more than three hundred (300) square feet. However, a maxi- mum of one-half (1/2) of the allowed square footage is allowed on each face. Businesses with less than twenty five (25) lineal front feet may 4-4-100E (Revised 3/13)4 - 46.8 have a sign of a maximum of twenty (20) square feet per face. ii. Wall Signs: In addition to the signs in subsections E5c, Under Marquee Signs, E5a(i), Business Signs, E5f and E5g, Motor Vehicle Dealership Over One Acre, E5e, Large Retail Uses, and E5d, Shop- ping Centers, wall signs are permit- ted with a total copy area not exceeding twenty percent (20%) of the building facade to which it is ap- plied. (Ord. 3719, 4-11-1983; Amd. Ord. 4464, 7-25-1994; Amd. Ord. 4720, 5-4-1998) b. Marquee Signs: Signs on marquees conforming to subsection N of this Sec- tion are permitted. c. Under Marquee Signs: Under mar- quee signs shall be limited to one such sign per entrance for each business es- tablishment. (Ord. 3719, 4-11-1983) d. Shopping Centers: i. Shopping centers less than ten (10) acres may install: •Freestanding Signs: One free- standing sign for each street frontage of the shopping center. Each sign shall not exceed an area greater than one and one- half (1-1/2) square foot for each linear foot of property frontage, not to exceed one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces. 4-4-100E 4 - 47 (Revised 7/04) ii. Shopping centers ten (10) acres or greater may install: •Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and; •Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above; one free- standing identification sign for listing the names of the occu- pants of the shopping center. The shopping center identifica- tion sign shall not exceed an area greater than one and one- half (1-1/2) square feet for each linear foot of property frontage, not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces. e. Large Retail Uses: Property dedi- cated primarily to retail sales may install oversized signs as follows in lieu of sig- nage permitted under subsections E5a(i), Business Signs, and E5d, Shopping Cen- ters, of this Section. (Ord. 4577, 1-22-1996) i. Developments Over One Hun- dred Twenty Five Thousand (125,000) Square Feet: A commer- cial development with a single build- ing of a minimum of one hundred twenty five thousand (125,000) square feet in floor area dedicated primarily to retail sales, provided all or part of the property is located within one thousand (1,000) feet of the right-of-way of Interstate High- way 405 or Highway 167, may install: •Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; and •Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above, for a property frontage with a mini- mum of two hundred (200) linear feet, one freestanding sign not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces, and not to exceed sixty feet (60′) in height; and •Directional Sign: An additional directional sign may be permitted to locate within twenty (20) feet of a recorded access easement serving the subject property, pro- vided the sign does not obscure sight distance. This sign shall not exceed thirty two (32) square feet per sign face and a maxi- mum of sixty four (64) square feet including all sign faces. (Ord. 4577, 1-22-1996, Ord. 4649, 1-6-1997) ii. Big Box Retail Uses with over Three Hundred Fifty Thousand (350,000) Square Feet of Total Building Area Located in the Em- ployment Area Valley: Big box retail uses with over three hundred fifty thousand (350,000) square feet in to- tal building area located in the Em- ployment Area Valley may install: •Large Freestanding Signs: One on-premises freestanding sign not to exceed one hundred fifteen feet (115′) in height and seven hundred (700) square feet per face, and another such sign not to exceed forty feet (40′) in height and four hundred (400) square feet per face; and 4-4-100E (Revised 7/04)4 - 48 •Roof Signs: One roof-mounted sign per building of up to four hundred (400) square feet not to exceed twenty feet (20′) in height above the parapet wall and not to exceed two (2) such signs per re- tail center; and •Additional Freestanding Signs: Two (2) on-premises freestanding signs per street frontage, no more than eight feet (8′) tall and no more than one hundred (100) square feet per side. (Ord. 4577, 1-22-1996; Amd. Ord. 4990, 12-9-2002) f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Auto Mall Area(s): i. Wall and Under Marquee Signs: Each dealership is allowed its appropriate wall or under marquee sign as stated in the Sign Code, and (Ord. 3719, 4-11-1983, Amd. Ord. 4707, 2-9-1998) ii. Freestanding Signs: Each dealership is allowed: • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage that the business occupies up to a maxi- mum of two hundred (200) square feet per sign face, and a maximum of four hundred (400) square feet including all sign faces, and not to exceed fifty feet (50′) in height; or • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and not to exceed fifty feet (50′) in height. In addi- tion, each dealership is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business ac- tivity located on the property that can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10′) and a total sign area of twenty five (25) square feet if sin- gle faced, or fifty (50) square feet including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20′) set- back and be no closer than one hundred fifty feet (150′) to any other accessory ground sign. (Ord. 3719, 4-11-1983, Amd. Ord. 4707, 2-9-1998; Ord. 5066, 4-5-2004) • One electronic message board sign is permitted as a wall sign, under marquee sign, or free- standing sign as allowed by the provisions stated above. (Ord. 4724, 5-11-1998; Amd. Ord. 5066, 4-5-2004) g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Outside the Auto Mall Area: i. Wall Signs: Each motor vehicle dealership located outside the Auto Mall area is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and ii. Freestanding Signs: Each mo- tor vehicle dealership located outside the Auto Mall area is allowed: • One freestanding, roof, ground, or projecting sign per street front- age not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; or 4-4-100F 4 - 49 (Revised 3/13) • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet including all sign faces. In addition, each dealer- ship is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business activity lo- cated on the property which can reasonably be related to the pri- mary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if sin- gle faced or fifty (50) square feet including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20') set- back and be no closer than one hundred fifty feet (150') to any other accessory ground sign. (Ord. 4707, 2-9-1998) h. Subdivision Identification Signs: Commercial and/or industrial subdivi- sions may have two (2) on-premises identifying signs not over seventy five (75) square feet on one face. These signs must be no higher than six feet (6'), or no closer to the street right-of-way than ten feet (10') or five feet (5') to any side property line. (Ord. 4172, 9-12-1988, Amd. Ord. 4720, 5-4-1998) i. Special Requirements for Speci- fied Uses in the Commercial Office (CO), Light Industrial (IL), Medium In- dustrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100') of a Lot Zoned RC, R-1, R-4, R-8, R-10, R-14, and RM: i. Specified Uses – CO Zone • Assisted Living • Eating and Drinking Establish- ments • Retail Sales • Indoor Recreation • On-site Services • Convalescent Centers ii. Specified Uses – IL, IM, IH Zones • Mini-Mart • On-site Services iii. Sign Allowances for Specified Uses in Subsections E5i(i) and E5i(ii) of this Section: •Freestanding Signs: One free- standing sign per street frontage. Freestanding signs shall be lim- ited to six feet (6') in height above grade and ten feet (10') from any public right-of-way. Each sign shall not exceed an area of one square foot for each lineal foot of property frontage, not to exceed one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet in- cluding all sign faces. •Wall Signs: In addition to the freestanding sign(s), wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4649, 1-6-1997; Amd. Ord. 4963, 5-13-2002; Ord. 5387, 6-9-2008) j. Self Storage Uses in the RM-F Zone: Signage for permitted self-storage uses in the RM-F Zone shall comply with subsection E5i of this section except that freestanding signs shall be limited to two (2) signs or one per street frontage, whichever is greater. (Ord. 4736, 8-24-1998; Amd. Ord. 4963, 5-13-2002) F. SIGNS WITHIN SHORELINE AREAS – SPECIAL REQUIREMENTS: 1. View Impairment Prohibited: Visual ac- cess to water and shoreline from vistas and viewpoints shall not be impaired by the place- ment of signs. Where feasible, signs are to be 4-4-100G (Revised 3/13)4 - 50 constructed against existing buildings or structures to minimize visual obstruction of the water and shoreline. 2. Location, Size and Type Limitations: Outdoor advertising signs are to be limited to areas of high intensity industrial and commer- cial use, are to be stationary, nonblinking, and of a size commensurate with the structure to which they are fixed. Off-premises and non- appurtenant signs are prohibited on the shoreline. 3. Illuminated, Freestanding and Roof Signs Prohibited: Illuminated or freestand- ing signs, or any signs extending above roof- lines, are prohibited on the shoreline except for required navigational aids. (Ord. 3858, 11-5-1984) G. SIGNS WITHIN URBAN DESIGN AREA – SPECIAL REQUIREMENTS: 1. Applicability: The regulations of this Section apply in addition to the regulations listed in subsection E5 of this Section, Addi- tional Signs Permitted in Commercial and In- dustrial Zones, within Urban Design Districts ‘C’ and ‘D’ as defined in RMC 4-3-100B1biii and iv, respectively, as they exist or may be amended. (Ord. 5675, 12-3-2012) 2. Purpose: To provide a means of identify- ing and advertising businesses, provide di- rectional assistance, encourage signs that are both clear and of appropriate scale for the project, encourage quality signage that con- tributes to the character of the Urban Center and the Center Village, and create color and interest. 3. (Repealed by Ord. 5675, 12-3-2012) 4. General Requirements: a. Integration: Signage shall be an in- tegral part of the design approach to the building. b. Coordination: In mixed use and multi-use buildings, signage shall be co- ordinated with the overall building design. c. Size: Corporate logos and signs shall be sized appropriately for their loca- tion. d. Size of Entry Signs: Entry signs shall be limited to the name of the larger development. e. Color, Lighting, and Materials: Al- teration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative de- sign, strong accent colors, and interest- ing surface materials and lighting techniques are encouraged. f. Preferred Lighting and Sign Type: Front-lit, ground-mounted monument signs are the preferred type of freestand- ing sign. g. Other Encouraged Signs: Blade type signs, proportional to the building fa- cade on which they are mounted, are en- couraged on pedestrian-oriented streets. 5. Additional Prohibited Signs: In addi- tion to the signs listed in subsection C of this Section, the following other sign types are also prohibited within the Urban Design Area: a. Pole signs; b. Roof signs; and c. Back-lit signs with letters or graphics on a plastic sheet (can signs or illumi- nated cabinet signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as area signs with only the individual letters back-lit (see illustration, subsection G8 of this Section). 6. Maximum Height of Freestanding Signs: Freestanding ground-related monu- ment signs, with the exception of primary en- try signs, shall be limited to five feet (5') above finished grade, including support structure. 7. Landscaping Required for Freestand- ing Signs: Freestanding signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, sign- age may incorporate stone, brick, or other decorative materials as approved by the Di- rector. 4-4-100H 4 - 51 (Revised 3/13) 8. Illustrations – Acceptable and Unac- ceptable: (Ord. 5578, 11-15-2010) H. SIGNS WITHIN CITY CENTER – SPECIAL REQUIREMENTS: 1. Purpose of Special Regulations: The purpose of the City Center sign regulations is to provide sign standards and regulations which recognize and strengthen the unique character of the City Center area businesses and streets, provide for appropriate signage which contributes to the economic vitality of the area and which complements its environ- ment, and to enhance the pedestrian orienta- tion of the district. 2. Applicability: The sign standards of this subsection shall apply to the property con- tained within the City Center sign regulation boundaries as shown in the following figure, generally described as including: land which is within the Urban Design Regulations Dis- trict ‘A.’ (Ord. 4720, 5-4-1998; Ord. 5357, 2-25-2008) 4-4-100H (Revised 3/13)4 - 52 3. Map of City Center Sign Regulation Area: (Ord. 4720, 5-4-1998; Ord. 5357, 2-25-2008; Ord. 5675, 12-3-2012) 4-4-100H 4 - 53 (Revised 5/08) 4. T y p e a n d n u m b e r o f p e r m a n e n t s i g n s a l l o w e d : a. R e s i d e n t i a l / C h u r c h e s / S c h o o l s : R e s i d e n t i a l o c c u p a n c i e s , c h u r c h e s , a n d s c h o o l s i n t h e C i t y C e n t e r a r e s u b j e c t t o t h e r e q u i r e m e n t s o f s u b - se c t i o n E 4 o f t h i s S e c t i o n , S i g n s P e r m i t t e d i n A l l R e s i d e n t i a l , C o m m e r c i a l , a n d I n d u s t r i a l Z o n e s . b. N o n r e s i d e n t i a l U s e s : N o n r e s i d e n t i a l o c c u p a n c i e s ( e x c l u d i n g c h u r c h e s a n d s c h o o l s ) a r e s u b j e c t t o t h e f o l l o w i n g s t a n d a r d s b a s e d u p o n s i g n ca t e g o r y : SI G N C A T E G O R Y TY P E A N D N U M B E R O F S I G N S A L L O W E D CA T E G O R Y A F r e e s t a n d i n g O R G r o u n d O R W a l l Se l e c t o n l y o n e o f t h e fo l l o w i n g s i g n t y p e s : Nu m b e r On e f r e e s t a n d i n g s i g n p e r st r e e t f r o n t a g e f o r e a c h si n g l e o c c u p a n c y b u i l d i n g lo c a t e d o n a c o r n e r l o t , mu l t i - o c c u p a n c y b u i l d i n g , or m u l t i p l e b u i l d i n g co m p l e x . T h e m a x i m u m nu m b e r o f s i g n s i s 2 . On e g r o u n d s i g n p e r s t r e e t f r o n t a g e f o r ea c h s i n g l e o c c u p a n c y b u i l d i n g , m u l t i - oc c u p a n c y b u i l d i n g , o r m u l t i p l e b u i l d i n g co m p l e x . T h e m a x i m u m n u m b e r o f s i g n s i s 2. Ea c h i n d i v i d u a l g r o u n d - l e v e l b u s i n e s s m a y ha v e o n e w a l l s i g n f o r e a c h b u s i n e s s fa c a d e f r o n t i n g o n a p u b l i c s t r e e t . I n ad d i t i o n , i n m u l t i p l e b u i l d i n g c o m p l e x e s o r fo r m u l t i - o c c u p a n c y b u i l d i n g s e a c h g r o u n d - le v e l t e n a n t w i t h a n e x t e r i o r b u s i n e s s fa c a d e m a y h a v e o n e w a l l s i g n t o i d e n t i f y in d i v i d u a l t e n a n t s p a c e s . Mi x o f o p t i o n s fo r l o t s wi t h m u l t i p l e f r o n t a g e s An a p p l i c a n t f o r a b u s i n e s s h a v i n g m o r e t h a n o n e s t r e e t f r o n t a g e m a y s u b s t i t u t e a n a l l o w e d C a t e g o r y A s i g n t y p e f o r a n o t h e r Ca t e g o r y A s i g n t y p e ; h o w e v e r , t h e m a x i m u m n u m b e r o f s i g n s s h a l l n o t b e e x c e e d e d . F o r e x a m p l e , o n a c o r n e r l o t , a n a p p l i c a n t ma y r e q u e s t o n e g r o u n d s i g n f a c i n g o n e s t r e e t f r o n t a g e , a n d o n e f r e e s t a n d i n g s i g n f a c i n g t h e o t h e r s t r e e t f r o n t a g e . 4-4-100H (Revised 5/08)4 - 54 SI G N C A T E G O R Y TY P E A N D N U M B E R O F S I G N S A L L O W E D CA T E G O R Y A F r e e s t a n d i n g O R G r o u n d O R W a l l Mu l t i - o c c u p a n c y bu i l d i n g s o r m u l t i p l e bu i l d i n g c o m p l e x e s – gr e a t e r t h a n 5 0 , 0 0 0 sq u a r e f e e t w i t h fr o n t a g e o n R a i n i e r Av e . S . Mu l t i - o c c u p a n c y b u i l d i n g s o r m u l t i p l e b u i l d i n g c o m p l e x e s w i t h 5 0 , 0 0 0 s q u a r e f e e t o f g r o s s l e a s a b l e f l o o r a r e a o r g r e a t e r , a n d wi t h f r o n t a g e o n R a i n i e r A v e n u e S . , m a y c h o o s e t o c o m p l y w i t h e i t h e r : (1 ) T h e a b o v e C a t e g o r y A r e g u l a t i o n s ; o r (2 ) F r e e s t a n d i n g o r g r o u n d s i g n s a n d w a l l s i g n s p e r t h e f o l l o w i n g s t a n d a r d s : (i ) Fr e e s t a n d i n g o r G r o u n d S i g n s : H a v e o n l y o n e s i g n f o r e a c h s t r e e t f r o n t a g e o f a n y o n e o f t h e f o l l o w i n g t y p e s : F r e e - st a n d i n g , g r o u n d , o r c o m b i n a t i o n . E a c h f r e e s t a n d i n g o r g r o u n d s i g n s h a l l n o t e x c e e d a n a r e a g r e a t e r t h a n 1 . 5 s q u a r e fe e t f o r e a c h l i n e a l f o o t o f p r o p e r t y f r o n t a g e w h i c h t h e b u s i n e s s o c c u p i e s u p t o a m a x i m u m o f 3 0 0 s q u a r e f e e t ; o r i f s u c h si g n i s m u l t i - f a c e d , t h e m a x i m u m a l l o w a n c e s h a l l n o t b e m o r e t h a n 3 0 0 s q u a r e f e e t . H o w e v e r , a m a x i m u m o f o n e - h a l f of t h e a l l o w e d s q u a r e f o o t a g e i s a l l o w e d o n e a c h f a c e . B u s i n e s s e s w i t h l e s s t h a n 2 5 l i n e a l f r o n t f e e t m a y h a v e a s i g n of a m a x i m u m o f 2 0 s q u a r e f e e t p e r f a c e . I n a d d i t i o n , o n e f r e e s t a n d i n g s i g n i s a l l o w e d f o r e a c h s t r e e t f r o n t a g e o f t h e co m p l e x . E a c h s i g n s h a l l n o t e x c e e d a n a r e a g r e a t e r t h a n 1 . 5 s q u a r e f e e t f o r e a c h l i n e a r f o o t o f p r o p e r t y f r o n t a g e , n o t to e x c e e d 1 5 0 s q u a r e f e e t p e r s i g n f a c e a n d a m a x i m u m o f 3 0 0 s q u a r e f e e t i n c l u d i n g a l l s i g n f a c e s . (i i ) Wa l l S i g n s : I n a d d i t i o n t o t h e a b o v e f r e e s t a n d i n g o r g r o u n d s i g n s , w a l l s i g n s a r e p e r m i t t e d w i t h a t o t a l c o p y a r e a n o t ex c e e d i n g 2 0 % o f t h e b u i l d i n g f a c a d e t o w h i c h i t i s a p p l i e d . R o o f s i g n s a r e p r o h i b i t e d p e r s u b s e c t i o n C 1 1 o f t h i s S e c t i o n . Pr o j e c t i n g s i g n s a r e r e g u l a t e d p e r t h i s s u b s e c t i o n a n d s u b s e c t i o n H 5 d o f t h i s S e c t i o n . Bu i l d i n g s 4 0 f e e t o r gr e a t e r i n h e i g h t Bu i l d i n g s 4 0 f e e t o r g r e a t e r i n h e i g h t m a y c h o o s e t o c o m p l y w i t h e i t h e r : (1 ) T h e a b o v e C a t e g o r y A r e g u l a t i o n s ; o r (2 ) F r e e s t a n d i n g o r g r o u n d s i g n s a n d w a l l s i g n s p e r t h e f o l l o w i n g s t a n d a r d s : (i ) Fr e e s t a n d i n g o r G r o u n d S i g n s : H a v e o n l y o n e s i g n f o r e a c h s t r e e t f r o n t a g e o f a n y o n e o f t h e f o l l o w i n g t y p e s : F r e e - st a n d i n g , g r o u n d , o r c o m b i n a t i o n . E a c h f r e e s t a n d i n g o r g r o u n d s i g n s h a l l n o t e x c e e d a n a r e a g r e a t e r t h a n 1 . 5 s q u a r e fe e t f o r e a c h l i n e a l f o o t o f p r o p e r t y f r o n t a g e w h i c h t h e b u s i n e s s o c c u p i e s u p t o a m a x i m u m o f 3 0 0 s q u a r e f e e t ; o r i f s u c h si g n i s m u l t i - f a c e d , t h e m a x i m u m a l l o w a n c e s h a l l n o t b e m o r e t h a n 3 0 0 s q u a r e f e e t . H o w e v e r , a m a x i m u m o f o n e - h a l f of t h e a l l o w e d s q u a r e f o o t a g e i s a l l o w e d o n e a c h f a c e . (i i ) Wa l l S i g n s : I n a d d i t i o n t o t h e a b o v e f r e e s t a n d i n g o r g r o u n d s i g n s , w a l l s i g n s a r e p e r m i t t e d w i t h a t o t a l c o p y a r e a n o t ex c e e d i n g 2 0 % o f t h e b u i l d i n g f a c a d e t o w h i c h i t i s a p p l i e d . R o o f s i g n s a r e p r o h i b i t e d p e r s u b s e c t i o n C 1 1 o f t h i s S e c t i o n . Pr o j e c t i n g s i g n s a r e r e g u l a t e d p e r t h i s s u b s e c t i o n a n d s u b s e c t i o n H 5 d o f t h i s S e c t i o n . 4-4-100H 4 - 54.1 (Revised 5/08) (O r d . 4 7 2 0 , 5 - 4 - 1 9 9 8 ; A m d . O r d . 4 8 4 3 , 5 - 2 2 - 2 0 0 0 ; O r d . 5 3 5 7 , 2 - 2 5 - 2 0 0 8 ) SI G N C A T E G O R Y TY P E A N D N U M B E R O F S I G N S A L L O W E D CA T E G O R Y B Se l e c t o n l y o n e o f t h e f o l l o w i n g s i g n ty p e s a l l o w e d i n a d d i t i o n t o s i g n s o f Ca t e g o r y A . Pr o j e c t i n g S i g n O R A w n i n g Si g n , o r C a n o p y S i g n , or M a r q u e e S i g n , o r Tr a d i t i o n a l M a r q u e e S i g n Nu m b e r Ea c h i n d i v i d u a l g r o u n d - l e v e l b u s i n e s s m a y h a v e on e s i g n f o r e a c h b u s i n e s s f a c a d e f r o n t i n g o n a pu b l i c s t r e e t . I n a d d i t i o n , i n m u l t i p l e b u i l d i n g co m p l e x e s o r f o r m u l t i - o c c u p a n c y b u i l d i n g s e a c h gr o u n d - l e v e l t e n a n t w i t h a n e x t e r i o r b u s i n e s s fa c a d e m a y h a v e o n e s i g n t o i d e n t i f y i n d i v i d u a l te n a n t s p a c e s . Ea c h i n d i v i d u a l g r o u n d - l e v e l b u s i n e s s m a y h a v e o n e si g n f o r e a c h b u s i n e s s f a c a d e f r o n t i n g o n a p u b l i c s t r e e t . In a d d i t i o n , i n m u l t i p l e b u i l d i n g c o m p l e x e s o r f o r m u l t i - oc c u p a n c y b u i l d i n g s e a c h g r o u n d - l e v e l t e n a n t w i t h a n ex t e r i o r b u s i n e s s f a c a d e m a y h a v e o n e s i g n t o i d e n t i f y in d i v i d u a l t e n a n t s p a c e s . A s e r i e s o f a w n i n g s o r c a n o p i e s u p o n a s i n g l e b u s i n e s s an d l o c a t e d o n a s i n g l e s t r e e t f r o n t a g e a r e c o n s i d e r e d a s on e a w n i n g o r c a n o p y . SI G N C A T E G O R Y TY P E A N D N U M B E R O F S I G N S A L L O W E D CA T E G O R Y C Al l o w e d i n a d d i t i o n t o si g n s o f C a t e g o r i e s A an d B : Un d e r A w n i n g / Un d e r C a n o p y / Un d e r M a r q u e e AN D S e c o n d a r y W a l l , P r o j e c t i n g , o r A w n i n g S i g n , Ha v i n g N o I n t e r n a l I l l u m i n a t i o n AN D I f a p p l i c a b l e , M u l t i - O c c u p a n c y Bu i l d i n g S i g n , o r M u l t i p l e B u i l d i n g Co m p l e x W a l l S i g n Nu m b e r On e p e r g r o u n d - l e v e l bu s i n e s s p e r p u b l i c en t r a n c e . On e s i g n , h a v i n g n o i n t e r n a l i l l u m i n a t i o n , p e r bu s i n e s s f a c a d e w h i c h d o e s n o t c o n t a i n a C a t e g o r y A o r B s i g n ; m a x i m u m o f 2 s e c o n d a r y s i g n s . (1 ) Bu i l d i n g s L e s s T h a n 4 0 F e e t i n He i g h t : O n e p e r b u i l d i n g f a c a d e wh i c h d o e s n o t c o n t a i n a n y o t h e r Ca t e g o r y A o r B s i g n . (2 ) Bu i l d i n g s 4 0 F e e t i n H e i g h t o r Gr e a t e r : M a y b e p l a c e d o n a bu i l d i n g f a c a d e , c o n t a i n i n g a C a t - eg o r y A o r B s i g n , i f t h e s i g n i s pl a c e d o n t h e f a c a d e a m i n i m u m of 2 5 f e e t a b o v e g r a d e , m e a s u r e d to t h e b o t t o m o f t h e s i g n . 4-4-100H (Revised 5/08)4 - 54.2 5. a . FR E E S T A N D I N G S I G N S SI Z E , H E I G H T A N D L O C A T I O N S A L L O W E D F O R P E R M A N E N T S I G N S F O R N O N R E S I D E N T I A L U S E S B A S E D U P O N S I G N T Y P E : (A m d . O r d . 4 8 4 3 , 5 - 2 2 - 2 0 0 0 ; O r d . 5 3 5 7 , 2 - 2 5 - 2 0 0 8 ) MA X I M U M S I G N A R E A MA X I M U M HE I G H T LO C A T I O N A N D OT H E R LI M I T A T I O N S RE Q U I R E D CL E A R A N C E S (R e f e r a l s o t o R M C 4- 4 - 1 0 0 K 1 6 , K 1 7 a n d K 1 8 ) (1 ) Ge n e r a l : E a c h s i g n s h a l l n o t e x c e e d a n a r e a g r e a t e r t h a n 1 . 5 sq u a r e f e e t f o r e a c h l i n e a l f o o t o f s t r e e t f r o n t a g e w h i c h t h e b u i l d i n g or c o m p l e x o c c u p i e s u p t o a m a x i m u m o f 2 5 s q u a r e f e e t p e r f a c e ; th e m a x i m u m c u m u l a t i v e s q u a r e f o o t a g e o f a l l f a c e s o f a s i g n i s 5 0 sq u a r e f e e t . (2 ) Pr o p e r t y w i t h f r o n t a g e o n R a i n i e r A v e n u e S . : I n l i e u o f t h e s i g n ar e a r e q u i r e m e n t s o f s u b s e c t i o n ( 1 ) o f t h i s c h a r t , e a c h s i g n s h a l l no t e x c e e d a n a r e a g r e a t e r t h a n 1 . 5 s q u a r e f e e t f o r e a c h l i n e a l f o o t of s t r e e t f r o n t a g e w h i c h t h e b u i l d i n g o r c o m p l e x o c c u p i e s u p t o a ma x i m u m o f 7 5 s q u a r e f e e t p e r f a c e ; t h e m a x i m u m c u m u l a t i v e sq u a r e f o o t a g e o f a l l f a c e s o f a s i g n i s 1 5 0 s q u a r e f e e t ; p r o v i d e d , th a t t h e s i g n i s l o c a t e d i n a c c o r d a n c e w i t h s u b s e c t i o n ( 6 ) o f t h i s ch a r t . (3 ) Mu l t i - o c c u p a n c y b u i l d i n g s o r mu l t i p l e b u i l d i n g c o m p l e x e s wi t h g r e a t e r t h a n 5 0 , 0 0 0 s q u a r e f e e t g r o s s l e a s a b l e f l o o r a r e a , ha v i n g f r o n t a g e o n R a i n i e r A v e n u e S . : S u c h u s e s m a y c o m p l y wi t h t h e s t a n d a r d s o f s u b s e c t i o n s ( 1 ) o r ( 2 ) o f t h i s c h a r t , o r w i t h su b s e c t i o n H 4 b o f t h i s S e c t i o n , T y p e a n d N u m b e r o f P e r m a n e n t Si g n s A l l o w e d . F r e e s t a n d i n g s i g n a r e a m a y b e t r a n s f e r r e d f r o m wi t h i n t h e C i t y C e n t e r s i g n r e g u l a t i o n b o u n d a r i e s t o c o n t i g u o u s l y ow n e d p r o p e r t y o u t s i d e o f t h e C i t y C e n t e r s i g n r e g u l a t i o n b o u n d - ar i e s . O n l y s i g n a r e a m a y b e t r a n s f e r r e d , n o t t h e n u m b e r o f al l o w e d s i g n s . W h e r e t r a n s f e r r e d , t h e m a x i m u m s i z e o f t h e f r e e - st a n d i n g s i g n s h a l l n o t e x c e e d t h e l i m i t s o f s u b s e c t i o n H 4 b o f t h i s Se c t i o n , T y p e a n d N u m b e r o f P e r m a n e n t S i g n s A l l o w e d . (4 ) 2 0 f e e t , m e a - su r e d t o t h e t o p o f th e s i g n o r s i g n st r u c t u r e , w h i c h - ev e r i s h i g h e r . (5 ) S e t b a c k s s h a l l b e c o n s i s - te n t w i t h t h e Z o n i n g Co d e . (6 ) Pr o p e r t y w i t h s t r e e t fr o n t a g e o n R a i n i e r A v e - nu e S . : T h e s i g n s h a l l b e lo c a t e d a l o n g R a i n i e r Av e n u e S . a n d s e t b a c k a mi n i m u m d i s t a n c e o f 1 0 0 li n e a l f e e t f r o m t h e r i g h t - of - w a y o f S . T h i r d S t r e e t . Th i s s e t b a c k s h a l l n o t ap p l y t o m u l t i - o c c u p a n c y bu i l d i n g s o r m u l t i p l e b u i l d - in g c o m p l e x e s w i t h 50 , 0 0 0 s q u a r e f e e t g r o s s le a s a b l e f l o o r a r e a o r gr e a t e r , h a v i n g f r o n t a g e on R a i n i e r A v e n u e S . (7 ) M i n i m u m 1 5 f o o t cl e a r a n c e a b o v e tr a f f i c a i s l e s a n d dr i v e w a y s . 4-4-100H 4 - 57 (Revised 6/09) 5. e . AW N I N G S I G N , C A N O P Y S I G N , M A R Q U E E S I G N SI Z E , H E I G H T A N D L O C A T I O N S A L L O W E D F O R P E R M A N E N T S I G N S F O R N O N R E S I D E N T I A L U S E S B A S E D U P O N S I G N T Y P E : (O r d . 5 4 5 0 , 3 - 2 - 2 0 0 9 ) MA X I M U M S I G N A R E A MA X I M U M HE I G H T LO C A T I O N A N D O T H E R LI M I T A T I O N S RE Q U I R E D CL E A R A N C E S (R e f e r a l s o t o R M C 4 - 4 - 1 0 0 K 1 6 , K1 7 , K 1 8 a n d N 3 b ) (1 ) Aw n i n g , c a n o p y , o r m a r q u e e s i g n : A m a x i - mu m o f 5 0 s q u a r e f e e t o f c o p y m a y a p p e a r o n th e v e r t i c a l f a c e a r e a . (2 ) Tr a d i t i o n a l m a r q u e e s i g n : T h e m a x i m u m co p y a r e a i s 1 5 0 s q u a r e f e e t p e r f a c e ; t h e cu m u l a t i v e s q u a r e f o o t a g e o f a l l f a c e s o f a s i g n is 3 0 0 s q u a r e f e e t t o t a l . No n e . ( 3 ) S i g n c o p y s h a l l o n l y b e l o c a t e d o n t h e v e r t i c a l fa c e s o f t h e a w n i n g , c a n o p y , o r m a r q u e e . (4 ) Ma x i m u m h e i g h t / t h i c k n e s s o f a w n i n g / c a n - op y w i t h a s i g n : 1 0 f e e t . (5 ) Ma x i m u m h e i g h t / t h i c k n e s s o f m a r q u e e : i n ac c o r d a n c e w i t h t h e a d o p t e d e d i t i o n o f t h e In t e r n a t i o n a l B u i l d i n g C o d e . (6 ) B u i l d i n g c a n o p y p o l e s s h a l l n o t b e p l a c e d i n a ma n n e r w h i c h i n t e r f e r e s w i t h p e d e s t r i a n o r wh e e l c h a i r t r a v e l u p o n a s i d e w a l k . (7 ) A w n i n g s , b u i l d i n g c a n o p i e s , a n d m a r q u e e s an d t h e a t t a c h e d o r a s s o c i a t e d s i g n s m a y ex t e n d o v e r t h e r i g h t - o f - w a y a c c o r d i n g t o t h e te r m s o f t h e a d o p t e d I n t e r n a t i o n a l B u i l d i n g Co d e . (8 ) T h e s i g n s h a l l b e m o u n t e d a b o v e t h e b u s i - ne s s f a c a d e t o w h i c h i t i s a s s o c i a t e d . (9 ) S i g n s t r u c t u r e s s h a l l b e lo c a t e d a m i n i m u m o f 8 fe e t a b o v e t h e s u r f a c e o f th e s i d e w a l k . W h e r e un d e r a w n i n g , u n d e r c a n - op y , o r u n d e r m a r q u e e si g n s a r e a n t i c i p a t e d , t h e cl e a r a n c e s h o u l d b e in c r e a s e d t o a c c o m m o - da t e t h e m a s n e c e s s a r y . 4-4-100H (Revised 6/09)4 - 58 5. f . UN D E R A W N I N G S I G N , C A N O P Y S I G N , M A R Q U E E S I G N SI Z E , H E I G H T A N D L O C A T I O N S A L L O W E D F O R P E R M A N E N T S I G N S F O R N O N R E S I D E N T I A L U S E S B A S E D U P O N S I G N T Y P E : MA X I M U M S I G N A R E A MA X I M U M HE I G H T LO C A T I O N A N D O T H E R LI M I T A T I O N S RE Q U I R E D CL E A R A N C E S (R e f e r a l s o t o R M C 4 - 4 - 1 0 0 K 1 6 , K1 7 , K 1 8 a n d N 3 b ) (1 ) 6 s q u a r e f e e t . N o n e ( 2 ) T h e s i g n s h a l l n o t e x t e n d b e y o n d t h e a w n i n g , ca n o p y , o r m a r q u e e t o w h i c h i t i s a t t a c h e d . (3 ) T h e s i g n s h a l l n o t b e m o r e t h a n 1 2 i n c h e s t h i c k . (4 ) M i n i m u m 8 f e e t a b o v e t h e su r f a c e o f t h e s i d e w a l k . 4-4-100H 4 - 59 (Revised 5/08) 5. g . SE C O N D A R Y S I G N SI Z E , H E I G H T A N D L O C A T I O N S A L L O W E D F O R P E R M A N E N T S I G N S F O R N O N R E S I D E N T I A L U S E S B A S E D U P O N S I G N T Y P E : (O r d . 5 3 5 7 , 2 - 2 5 - 2 0 0 8 ) MA X I M U M S I G N A R E A MA X I M U M HE I G H T LO C A T I O N A N D O T H E R LI M I T A T I O N S RE Q U I R E D CL E A R A N C E S (R e f e r a l s o t o R M C 4- 4 - 1 0 0 K 1 6 , K 1 7 a n d K 1 8 ) (1 ) Se c o n d a r y w a l l o r a w n i n g s i g n s : Ea c h s i g n s h a l l n o t e x c e e d a n a r e a gr e a t e r t h a n o n e s q u a r e f o o t f o r e a c h li n e a l f o o t o f b u s i n e s s f a c a d e , u p t o ma x i m u m o f 2 5 s q u a r e f e e t . (2 ) Se c o n d a r y p r o j e c t i n g s i g n s : M a x i - mu m o f 6 s q u a r e f e e t . (3 ) S e c o n d a r y w a l l o r p r o - je c t i n g s i g n s s h a l l n o t be l o c a t e d m o r e t h a n 25 f e e t a b o v e t h e gr a d e , m e a s u r e d t o t h e to p o f t h e s i g n o r s i g n st r u c t u r e , w h i c h e v e r i s hi g h e r . (4 ) S e c o n d a r y s i g n s s h a l l n o t b e l o c a t e d o n a bu s i n e s s f a c a d e c o n t a i n i n g a C a t e g o r y A o r B s i g n , o r a n o t h e r s e c o n d a r y s i g n . (5 ) S e c o n d a r y s i g n s s h a l l n o t b e i n t e r n a l l y i l l u - mi n a t e d . S u c h s i g n s m a y b e u n l i t , e x t e r n a l l y il l u m i n a t e d o r h a v e t u b e i l l u m i n a t i o n . (6 ) Ma x i m u m h e i g h t o r t h i c k n e s s o f a w n i n g wi t h a s i g n : 1 0 f e e t . (7 ) Aw n i n g s i g n s : S i g n c o p y s h a l l b e l o c a t e d on t h e v e r t i c a l f a c e s o f t h e a w n i n g . (8 ) W h e n p r o j e c t i n g o v e r a pu b l i c r i g h t - o f - w a y , a mi n i m u m o f 8 f e e t c l e a r - an c e a b o v e t h e s u r f a c e of t h e e n t r y w a y i s re q u i r e d . 4-4-100H (Revised 5/08)4 - 60 5. h . MU L T I - O C C U P A N C Y O R M U L T I P L E B U I L D I N G C O M P L E X S I G N SI Z E , H E I G H T A N D L O C A T I O N S A L L O W E D F O R P E R M A N E N T S I G N S F O R N O N R E S I D E N T I A L U S E S B A S E D U P O N S I G N T Y P E : (O r d . 4 7 2 0 , 5 - 4 - 1 9 9 8 ; A m d . O r d . 4 8 4 3 , 5 - 2 2 - 2 0 0 0 ; O r d . 5 3 5 7 , 2 - 2 5 - 2 0 0 8 ) MA X I M U M S I G N A R E A MA X I M U M H E I G H T LO C A T I O N A N D OT H E R L I M I T A T I O N S RE Q U I R E D CL E A R A N C E S (R e f e r a l s o t o R M C 4- 4 - 1 0 0 K 1 6 , K 1 7 a n d K 1 8 ) (1 ) Bu i l d i n g s l e s s t h a n 4 0 f e e t i n h e i g h t : Th e m a x i m u m s q u a r e f o o t a g e l i m i t a t i o n is 1 0 0 s q u a r e f e e t . (2 ) Bu i l d i n g s 4 0 f e e t i n h e i g h t o r g r e a t e r : Th e m a x i m u m s q u a r e f o o t a g e l i m i t a t i o n is 1 0 0 s q u a r e f e e t u n l e s s t h e c h o i c e i s ma d e t o c o m p l y w i t h s u b s e c t i o n H 4 b o f th i s S e c t i o n , T y p e a n d N u m b e r o f S i g n s Al l o w e d f o r N o n r e s i d e n t i a l U s e s . (3 ) Bu i l d i n g s l e s s t h a n 4 0 fe e t i n h e i g h t : T h e w a l l si g n s h a l l b e p l a c e d o n th e f a c a d e n o t m o r e th a n 2 5 f e e t a b o v e t h e gr a d e , m e a s u r e d t o t h e to p o f t h e s i g n . (4 ) Bu i l d i n g s 4 0 f e e t i n he i g h t o r g r e a t e r : Th e wa l l s i g n m a y b e p l a c e d an y w h e r e o n t h e fa c a d e . (5 ) Bu i l d i n g s l e s s t h a n 4 0 f e e t i n h e i g h t : Th e s i g n s h a l l b e l o c a t e d o n a b u s i n e s s fa c a d e w h i c h d o e s n o t c o n t a i n a n y o t h e r Ca t e g o r y A o r B s i g n . (6 ) Bu i l d i n g s 4 0 f e e t i n h e i g h t o r g r e a t e r : Th e r e a r e n o r e s t r i c t i o n s o n f a c a d e p l a c e - me n t . (7 ) T h e s i g n s h a l l o n l y c o n t a i n t h e b u s i n e s s na m e a n d / o r l o g o o f e a c h d e v e l o p m e n t . (8 ) W h e n p r o j e c t i n g o v e r a pu b l i c r i g h t - o f - w a y , a mi n i m u m o f 8 f e e t c l e a r - an c e a b o v e t h e g r a d e i s re q u i r e d . 4-4-100H 4 - 61 (Revised 3/13) H.6. Letter Size Limitations for Permanent Signs for Nonresidential Uses Based Upon Distance from Right-of-Way: a. Maximum Letter Height: The maximum letter height of signs shall be as follows: b.Exemption from Letter Size Lim- its: The following properties are exempt from the maximum letter height require- ments of subsection H6a of this Section: i. Multi-occupancy buildings or mul- tiple building complexes with fifty thousand (50,000) square feet gross leasable floor area or greater, having frontage on Rainier Avenue S.; or ii. Properties with frontage on Rain- ier Avenue S.; or iii. Buildings exceeding forty feet (40') in height. (Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008) 7. Special Allowance for City Center Signs to Project into Right-of-Way: See subsection L2c(ii) of this Section. 8. Temporary/Special Permit Signs: In addition to the permanent signs described in subsection H6b of this Section, temporary signs per subsection J of this Section, Tem- porary Signs, are also allowed. 9. Modifications of City Center Sign Reg- ulations: a.Authority and Purpose: The Com- munity and Economic Development Ad- ministrator may grant a modification from the sign standards for individual signs which do not meet the specific provisions of the City Center sign standards when the proposed sign is intended to accom- plish one of the following purposes: i. Respond to the needs of the pub- lic in locating a business establish- ment; or ii. Assist business in contributing to the economic well-being of the com- munity; or iii. Install a sign that is considered to be historic or of historic value by the advertising industry or a recog- nized historic preservation organiza- tion, provided that such entity was not involved in the use, design or pro- duction of the proposed sign; or iv. Result in a reduction of signs on a site; or v. Result in a reduction in the num- ber of freestanding or ground signs otherwise allowed; or vi. Result in a coordinated sign plan for a multi-tenant building or multiple building complex. b. Review Criteria: If the Community and Economic Development Administra- tor determines that the intent of the pro- posed sign accomplishes one of the above purposes, the Community and Economic Development Administrator may grant a modification request pro- vided the proposed sign also meets all of the following criteria: i. The modification will not create a significant adverse impact to other property or improvements in the im- DISTANCE OF SIGN FROM RIGHT-OF-WAY FREESTANDING, GROUND, WALL, PROJECTING, TRADITIONAL MARQUEE SIGN AWNING SIGN/ CANOPY SIGN/ MARQUEE SIGN MULTI-OCCUPANCY OR MULTIPLE BUILDING COMPLEX SIGN Within 50 feet: 24 inches 12 inches 6 inches (applies to letters and logo) Between 50 feet and 100 feet: 36 inches 12 inches 6 inches (applies to letters and logo) More than 100 feet: 48 inches 12 inches 6 inches (applies to letters and logo) 4-4-100I (Revised 3/13)4 - 62 mediate vicinity of the subject prop- erty; and ii. The modification will not increase the number of signs allowed by this Chapter; and iii. The modification will not in- crease the allowed height or area of any wall, projecting, awning/canopy/ marquee/traditional marquee, or sec- ondary sign by more than twenty five percent (25%); and iv. The modification will not in- crease the allowed height or area of any freestanding or ground sign; and v. The modification does not create a public safety hazard. (Amd. Ord. 5071, 4-26-2004) c.Variance May Be Required: Pro- posals which do not meet the purposes or criteria of subsections H9a and H9b of this Section may be reviewed as variance applications as provided in subsection S of this Section. (Ord. 4720, 5-4-1998) d. Fees: Fees shall be as stipulated in the adopted Fee Schedule. (Ord. 5676, 12-3-2012) I. SIGNS ON PUBLIC RIGHT-OF-WAY: 1. City Sponsored Signs Authorized: City sponsored signs, displays, and public service signs per subsections B6b, B6c and B6o of this Section may be located on or over public rights-of-way with approval of the sign place- ment by the City of Renton Transportation Systems Division. If the Transportation Divi- sion determines that a sign request does not comply with this subsection, the requesting organization shall have the right to appeal that decision to the Hearing Examiner as a final administrative determination pursuant to RMC 4-8-110. (Ord. 4639, 8-19-1996; Amd. Ord. 4848, 6-26-2000) 2. Directional Signs for Public Buildings Authorized: Such signs are limited to one of the following sites approved by the Building Official. Public service directional signs for public buildings such as public schools, li- braries, hospitals and other similar public ser- vice facilities may be placed entirely on the public right-of-way. a. Standards and Size Limits for Di- rectional Signs: Sign must be of size, height, color, design and mounting and so located as to comply in all respects with the City street sign standards. Sign shall not be over twelve (12) square feet in total background area for any one face, no portion of the sign closer than four feet (4') to any curb line or improved roadway surface and not illuminated. (Ord. 2877, 9-9-1974) 3. Public Service Directional Signs for Nonpublic Buildings Such as Churches and Charitable Organizations Authorized: Public service directional signs for nonpublic buildings such as churches and charitable or- ganizations may be placed entirely on the public right-of-way. a. Review Authority and Time: The organization seeking the sign must sub- mit a letter to the Transportation Systems Division requesting directional signs, in- cluding the requested locations and wording for the sign. The Transportation Systems Division shall respond to the let- ter by calling or mailing a postcard within one working day of receipt of the request. An engineering study will be performed by the City within thirty (30) days of the request. If the requested locations do not conform to this subsection, the response will suggest suitable alternative locations, if any. b. Appeal Process: If the Transporta- tion Systems Division determines that the sign request does not comply with this subsection, the requesting organization shall have the right to appeal that deci- sion to the Hearing Examiner as a final administrative determination. c. Installation Time: If the sign is ap- proved, it will be installed within forty five (45) calendar days after approval of the request. (Ord. 4615, 6-17-1996) 4. Residential Open House Signs: Sub- ject to the requirements of subsection J3 of this Section. 4-4-100J 4 - 63 (Revised 11/09) J. TEMPORARY AND PORTABLE SIGNS: (Amd. Ord. 4832, 3-6-2000) 1. General Requirements for Temporary Signs: a. Display of Permit Number: All tem- porary signs shall have the sign permit number placed in the upper left-hand cor- ner by the permittee. b. Support and Perforation Require- ments for Cloth Signs: Every temporary cloth sign shall be supported and at- tached with wire rope of three-eighths inch (3/8") minimum diameter, or other material of equivalent breaking strength. No strings, fiber ropes or wood slats shall be permitted for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind resis- tance. Exception: Temporary cloth signs over private property not exceeding sixty (60) square feet shall be supported and at- tached with wire rope which will meet the requirements of subsection K of this Sec- tion. c. Projection of Temporary Cloth Signs Over Public Property/Right-of- way: i. Projection Permitted: Cloth signs may extend over public prop- erty. Cloth signs may extend across a public right-of-way only by permis- sion of the Mayor’s office or his/her designated representative, and shall be subject to all related laws and or- dinances. ii. Clearance: Such signs, when extended over a public street, shall maintain a minimum vertical clear- ance of twenty feet (20'). Temporary signs, other than cloth, when eight feet (8") or more above the ground, may project not more than six inches (6") over public property or beyond the legal setback line. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993) iii. Time Limits: Cloth signs may be extended over a public right-of- way in accordance with the provi- sions of this Code for a period to be established by the Mayor or his des- ignated representative but not to ex- ceed thirty (30) days. (Ord. 3273, 12-11-1978) 2. Real Estate Signs: a. Prohibited Real Estate Signs: i. See RMC 4-4-100C16. ii. No balloons or other attention- attracting devices may be attached to real estate signs. b. Off-Premises Real Estate Signs: i. Open House Signs. (a) Permit Requirements: No permit required. (b) Maximum Display Period: In no case shall an open house sign be displayed prior to dawn or after dusk. A seller or their rep- resentative shall be present at the property for sale, rent or lease, while the open house sign is being displayed. (c) Allowed Use: For directing potential customers to the site of real estate that is for sale, rent, or lease. (d) Allowable Sign Type: A nonilluminated portable sign comprised of hinged panels con- figured in the shape of the alpha- betic letter “A.” The sign text must include the words “open,” “for sale,” “for rent,” or “for lease.” (e) Maximum Size: Thirty two inches wide by thirty six inches (32" x 36") high per each face of the sign. (f) Sign Location: Signs may be placed no closer than four 4-4-100J (Revised 11/09)4 - 64 feet (4') to the edge of a public roadway; provided, that they do not obstruct the vision or path- way of vehicular or pedestrian traffic and that they are not lo- cated on trees, foliage, utility poles, regulatory signs, direc- tional signs, or informational signs. (g) Maximum Number: Six (6) off-premises signs per property for sale, rent or lease. (h) Maximum Height: Shall not exceed ten (10) feet from fin- ished grade. ii. Real Estate Directional Signs (Outside of the City Center Sign Regulation Boundary as depicted in RMC 4-4-100H3): (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Renton containing ten (10) or more dwelling units, until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold. The Development Services Divi- sion may also approve these signs for use by multi-family complexes that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. (d) Allowable Sign Type: Any nonilluminated type of freestand- ing sign. (e) Maximum Size: Twelve (12) square feet on one face. (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four feet (4') to the edge of a pub- lic roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic. If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two (2) real estate directional signs shall be allowed at any one inter- section and only one sign per de- velopment shall be allowed at each intersection except that no real estate directional signs shall be placed at intersections where an approved real estate sign kiosk is situated. (Ord. 5496, 10-5-2009) (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than five hun- dred (500') feet to any other real estate directional sign and no closer than one hundred feet (100') to an intersection. (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. iii. Real Estate Directional Signs (Within the City Center Sign Regu- lation Boundary as depicted in RMC 4-4-100H3): 4-4-100J 4 - 65 (Revised 3/13) (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Renton containing ten (10) or more dwelling units until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold. The Development Services Divi- sion may also approve these signs for use by multi-family de- velopments that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. (d) Allowable Sign Type: Any nonilluminated freestanding sign and A-frame signs. (e) Maximum Size: Thirty two inches wide by thirty six inches (32" by 36") tall per face. (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four (4) feet to the edge of a pub- lic roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic. If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two (2) real estate directional signs shall be allowed at any one inter- section and only one sign per de- velopment shall be allowed at each intersection. (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than one hun- dred feet (100') to any other real estate directional sign and fifty feet (50') from an intersection. (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. iv. Real Estate Sign Kiosks. (a) Permit Requirements: Sign and Excess Right-of-Way Use Permits are required for in- stallation of each kiosk. Individ- ual real estate sign kiosk directional panels and panel changes do not require a permit. Fees for each kiosk shall be one hundred dollars ($100.00). (b) Maximum Display Period: Permits for real estate sign kiosks shall be issued for a lim- ited period of time in twelve (12) month increments. This period commences on November 8, 2009, and will sunset on Novem- ber 8, 2012, unless extended by City Council action. Permits shall not be issued beyond November 8, 2012, unless the maximum display period is extended by City Council action. (c) Allowed Use: Real estate sign kiosk directional panels on a City-approved kiosk structure may be authorized for the pur- pose of providing directional in- formation to residential developments with units for sale, lease, or exchange (including as- sisted living developments) lo- cated only within the corporate limits of the City of Renton. 4-4-100J (Revised 3/13)4 - 66 (d) Allowable Sign Type: Kiosks shall be of a uniform style throughout the City, shall be free- standing and nonilluminated, and shall contain a maximum of ten (10) real estate sign kiosk di- rectional panels. Individual real estate sign kiosk sign directional panels shall contain only the name of the subdivision or resi- dential development, or devel- oper, or development logo, and a logo(s) regarding an award, spe- cial certification, and a direc- tional arrow. Two (2) of these real estate sign kiosk directional pan- els may identify community/pub- lic facilities (City Hall, library, parks, districts, historic sites, etc.), at the discretion of the City. One additional panel at the top of the real estate sign kiosk shall identify the City of Renton. (e) Permitted Size: Real es- tate sign kiosk directional panels shall be five (5) square feet in to- tal area and shall measure a maximum five feet (5') horizontal length by one foot (1') vertical height. (f) Permitted Locations: Sign panels shall be located on desig- nated kiosk structures within the public right-of-way. If available kiosk structures will not permit adequate directional information, kiosk structures may be ap- proved on private property with the permission of the property owner granted through an ease- ment. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submit- ted to the Community and Eco- nomic Development Administra- tor for review and decision with the sign permit applications. (Ord. 5676, 12-3-2012) (g) Maximum Number Per In- tersection: A maximum of two (2) real estate sign kiosks shall be allowed at any one intersec- tion and only one sign panel per development shall be allowed on each sign face. (h) Maximum Height: The kiosk sign structure shall not ex- ceed ten feet (10') from finished grade to the top of the title panel which identifies the City of Renton. (i) Design Standards: Colors, fonts, etc., shall conform to de- sign standards approved by the Community and Economic De- velopment Administrator. (Ord. 5496, 10-5-2009; Ord. 5676, 12-3-2012) c. On-Premises Real Estate Signs: i. Freestanding Real Estate Sign: (a) Permit Requirements: No permit required. (b) Maximum Display Period: The maximum display period is for the period of time the property is for sale, rent or lease. For multi-family complexes of five (5) or more dwelling units and on a lot greater than thirty five thousand (35,000) square feet, a thirty two (32) square foot or six (6) square foot freestand- ing real estate sign shall be al- lowed during the original rental, lease up or sale of the develop- ment until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereafter, only if sev- enty five percent (75%) or less of the total number of dwelling units in the development are rented, leased or sold. A six (6) square foot sign is permitted at all times regardless of vacancy status, number of units, or lot size, un- less a thirty two (32) square foot sign is being utilized. (c) Allowed Use: For real es- tate that is for sale, rent or lease. 4-4-100J 4 - 66a (Revised 11/09) (d) Allowable Sign Type: A nonilluminated freestanding sign indicating that the property, which the sign is located on is for sale, rent or lease. (e) Maximum Size: 1. For lots thirty five thousand (35,000) square feet or less in area: six (6) square feet in area per face; or 2. For lots greater than thirty five thousand (35,000) square feet in area: thirty two (32) square feet in area per face. However, a six (6) square foot sign cannot be used concurrently with a thirty two (32) square foot sign. (f) Sign Location: These signs must be located on the premises that is for sale, rent or lease. These signs may be placed no closer than four feet (4') to the edge of a public roadway; pro- vided, that they do not obstruct the vision or pathway of vehicu- lar or pedestrian traffic. (g) Maximum Number: One sign per street frontage. (h) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. ii. Commercial Real Estate Ban- ner Signs: (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: For sale, rent, or lease of commercial property. Real estate banners shall not be utilized by residential development. (d) Allowable Sign Type: A sign of any shape made of light- weight fabric or similar material. The sign must indicate “For Sale, Rent, or Lease.” (e) Maximum Size: Fifty (50) square feet. (f) Sign Location: Only per- missible when mounted to a building that is for sale, rent, or lease. (g) Maximum Number: One per street frontage. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 5062, 1-26-2004) 3. Garage Sale Signs: a. Permit Requirements: No per- mit required. b. Maximum Display Period: Maximum of twenty four (24) hours prior to the start of the sale and a maximum of twenty four (24) hours after the sale is completed. c. Allowed Uses: For directing po- tential customers to the garage sale site. d. Allowable Sign Type: A nonillu- minated freestanding sign or an A- frame sign. e. Maximum Size: Thirty two inches wide by thirty six inches tall (32" x 36"). f. Sign Location: Signs may be placed no closer than four feet (4') to the edge of a public roadway; pro- vided, that they do not obstruct the vi- sion or pathway of vehicular or pedestrian traffic. The signs shall not be attached to utility poles, traffic controlling devices or any other pub- lic structure. g. Maximum Height: Shall not ex- ceed ten feet (10') from finished grade. (Ord. 3719, 4-11-1983; Ord. 5062, 1-26-2004) 4-4-100J (Revised 11/09)4 - 66b 4. Political Signs: a. Permitted Location: In addition to being permitted on the public right-of- 4-4-100J 4 - 66.1 (Revised 8/11) way, political signs may be displayed on private property with the consent of the property owner or the lawful occupant thereof and on public right-of-way as long as such display does not interfere with pedestrian or public safety. b. Maximum Size: Political signs shall not be greater than thirty two (32) square feet if single faced or sixty four (64) square feet if multi-faced. c. Removal Required: Each political sign shall be removed within fourteen (14) days following an election, by the candidate, candidate’s representative or proposition sponsor except that the suc- cessful candidates of a primary election may keep their signs on display until four- teen (14) days after the general election, at which time they shall be promptly re- moved. After fourteen (14) days the City may pick up and dispose of remaining signs. Violation or failure to comply with the provisions of this section shall subject the offender to RMC 1-3-2, Code En- forcement and Penalties. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 4848, 6-26-2000; Ord. 5604, 6-6-2011) 5. A-Frame Signs: A-frame signs comply- ing with all the following standards may be permitted: a. Number: i. Within City Center Sign Regu- lation Area: Only one of these signs is permitted per business per street frontage. ii. Elsewhere in the City: One of these signs is permitted per business per street frontage and, in addition, an additional sign is permitted to be located abutting the business and building to which the sign relates. b. Location Requirements: i. Permitted Location: (1) Within City Center Sign Regulation Area: A-frame signs must be placed against the build- ing and business to which the sign relates. (2) Elsewhere in the City: A- frame signs may be located on the public sidewalk abutting the business site and/or within the landscaping area on or abutting the business site, however, A- frame signs cannot be placed in the landscape strip between the curb and outer edge of the public sidewalk. Additionally, for busi- nesses located within shopping centers, an additional A-frame sign may be placed against the building and business to which the sign relates. ii. Pedestrian Clearance: A mini- mum of four feet (4') of unobstructed sidewalk area between the outer edge of the sign and the street curb is required. iii. Clear Vision Area: No sign shall be located as to pose a danger and violate the clear vision area spec- ified in subsection C6 of this Section, Prohibited Signs. Where a traffic vi- sion hazard is created, the City may require a modification to the height or location of a sign to the degree nec- essary to eliminate the hazard. c. Size: Signs shall be no larger than thirty two inches (32") wide and thirty six inches (36") tall. d. Construction Specifications and Materials: The sign must be profession- ally manufactured of durable material(s). No lighting or attachments, such as bal- loons are permitted. e. Maintenance and Appearance: Signs must be maintained in accordance with the provisions of subsection D3 of this section, Sign Maintenance Required, and subsection D4 of this Section, Ap- pearance of Signs. f. Alteration of Landscaping Prohib- ited: No landscaping may be damaged or modified to accommodate an A-frame sign. The City may require replacement 4-4-100J (Revised 8/11)4 - 66.2 of any damaged landscaping pursuant to RMC 4-4-070I, Damaged Landscaping. g. Removal upon Close of Business Required: A-frame signs shall not be dis- played during nonbusiness hours. h. Display of Permit and Code Re- quirements: Any business displaying an A-frame sign shall have a copy of the sign permit for the sign posted along with its City business license. Additionally the business shall post the City’s regulations governing A-frame signs so that employ- ees are made aware of the standards. i. Display of Permit Number: All A- frame signs shall have the sign permit num- ber a minimum of one half inch in height placed on the exterior sign face in the upper left-hand corner by the permittee. j. Proof of Insurance and Hold Harm- less Agreement for Signs on Public Right-of-Way: In order to obtain a sign permit, applicants must provide the De- velopment Services Division with proof of general commercial liability insurance (certificate of liability insurance) meeting the requirements of subsection L4 of this Section. The sign permit application must also include a signed hold harmless agreement that specifies that the owner of the sign will defend, indemnify, and hold the City harmless for any loss, inju- ries, damage, claims or lawsuit, including attorney’s fees that arise from the sign. k. Confiscation of Signs: Signs that do not comply with the provisions of this section may be confiscated by the City pursuant to subsection T of this Section, Compliance and Confiscation of Signs. (Ord. 4832, 3-6-2000) l. Permit Required: A permit is required for each A-frame sign, and remains valid indefinitely for the business using the sign. (Ord. 4908, 6-11-2001; Amd. Ord. 5511, 11-23-2009, eff. 12-23-2009) 6. Event Signs: a. Applicability: Commercial, indus- trial, residential, public, and quasi-public uses and mixed-use developments (com- mercial combined with multi-family resi- dential) may display event signage in compliance with the following regula- tions. These regulations apply to use of signs for grand opening events or for pe- riodic special events. This subsection does not apply to those signs and dis- plays exempt per RMC 4-4-100B6, Ex- emptions from Permit Requirements. (Ord. 5062, 1-26-2004) b. Types of Event Signage Allowed: Any combination of the following types of signage are permitted: balloons, pole/ wall strung and wall-hung banners not exceeding one hundred (100) square feet each in size, pole-hung banners not ex- ceeding twenty (20) square feet each in size, flags, inflatable statuary, pennants/ streamers, searchlights, wind animated objects, and other similar advertising de- vices approved by the Development Ser- vices Division. Rigid portable signs are also allowed provided the sign is a maxi- mum of thirty two (32) square feet in area on one face per sign not exceeding six feet (6') in height. Rigid portable signs are limited to one per street frontage outside the Automall. c. Permit Required: Event signs may be displayed on private property only by “event sign permit.” d. Time Limitations and Applicability – Grand Openings and Event Signage: i. Grand Opening Event Signage: A grand opening temporary event sign permit may be issued for a period of up to thirty (30) days only for a new business opening or to an existing business relocating to an entirely new location. One permit may authorize display of all of the above display items. ii. Event Signage – General: Up to four (4) special event permits may be issued to each business or orga- nization per calendar year. Each per- mit may be valid for thirty (30) days. One permit may authorize display of all signage types identified in sub- section J6b of this Section, Types of Event Signage Allowed. A fifteen (15) 4-4-100K 4 - 67 (Revised 4/12) day separation period is required be- tween the end of one event permit period and the start of another permit period. iii. Event Signage for Vehicle and Vessel Sales in the Automall Over- lay Districts: In addition to the event signage allowed per subsection J6d(ii) of this Section, each dealer- ship shall be issued two (2) additional event permits per the requirements of subsection J6d(ii) of this Section. e. Placement Limitations for Event Signs: i. Roof: No sign or advertising de- vice, allowed per this subsection J6 shall be placed on top of a roof or ex- tend vertically above the fascia of the building. ii. Perimeter Street Landscaping: Event signage shall not be located within required perimeter street land- scaping. (Ord. 2877, 9-9-1974; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 7. Accessory Home Agriculture and Ag- riculture Sales Signs: a. Permit Requirements: There is no permit required provided the require- ments of this Section are met. b. Number and Type of Allowable Sign: One non-illuminated freestanding sign or one A-frame sign is allowed. c. Maximum Size: The maximum size sign allowed is thirty-two inches (32") wide by thirty-six inches (36") tall. d. Display Period: The sign may be displayed between 9:00 a.m. and 7:00 p.m. e. Sign Location: Signs shall be lo- cated on the subject property. Signs may not be placed closer than four feet (4') to the edge of a public roadway and shall not be attached to utility poles, traffic con- trolling devices or any other public struc- ture. (Ord. 3719, 4-11-1983; Amd. Ord. 4422, 10-25-1993; Ord. 4832, 3-6-2000; Ord. 5640, 12-12-2011) K. DESIGN AND CONSTRUCTION REQUIREMENTS FOR PERMANENT SIGNS – GENERAL: 1. General Design: Signs and sign struc- tures shall be designed and constructed to re- sist wind and seismic forces as specified in this Section. All bracing systems shall be de- signed and constructed to transfer lateral forces to the foundations. For signs on build- ings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof. The overturning moment produced from lat- eral forces shall in no case exceed two-thirds (2/3) of the dead-load resisting moment. Up- lift due to overturning shall be adequately re- sisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load re- sisting moment. Such earth shall be thor- oughly compacted. 2. Wind Loads: Signs and sign structures shall be designed to resist wind forces as specified in the adopted edition of the Interna- tional Building Code. (Ord. 5450, 3-2-2009) 3. Seismic Loads: Signs and sign struc- tures shall be designed and constructed to re- sist seismic forces as specified in the adopted edition of the International Building Code. (Ord. 5450, 3-2-2009) 4. Combined Loads: Wind and seismic loads need not be combined in design of signs or sign structures; only that loading pro- ducing the larger stresses may be used. Ver- tical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. 5. Allowable Stresses: The design of wood, concrete or steel members shall con- form to the requirements of the adopted edi- tion of the International Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceed- ing those specified in the adopted edition of 4-4-100K (Revised 4/12)4 - 68 the International Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead-loads may be increased as specified in the adopted edition of the In- ternational Building Code. (Ord. 5450, 3-2-2009) 6. Location and General Standards for Structural Supports: The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conform- ance with the requirements of this Code. 7. Materials: Materials for construction of signs and sign structures shall be of the qual- ity and grade as specified for buildings in the adopted edition of the International Building Code. In all signs and sign structures the ma- terials and details of construction shall, in the absence of specified requirements, conform with the following: a. Structural steel shall be of such quality as to conform with IBC Standard No. 22-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in IBC chapter 22 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with IBC Standard No. 22-1. Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members. (Ord. 3719, 4-11-1983) b. Anchors and supports, when of wood and embedded in the soil, or within six inches (6") of the soil, shall be of all heartwood of a durable species or shall be pressure-treated with an approved preservative. Such members shall be marked or branded by an approved agency. (Ord. 2504, 9-23-1969; Ord. 5450, 3-2-2009) 8. Restrictions on Combustible Materi- als: Freestanding and wall signs may be con- structed of any material meeting the requirements of this Code. Combination signs, roof signs and signs on marquees shall be constructed of incombustible materials, except as provided in subsection K9 of this Section. Projecting signs and under awning, under canopy, or under marquee signs may be constructed of any material meeting the requirements of this Code, including fire re- sistive treated wood. No combustible materi- als other than approved plastics shall be used in the construction of electric signs. (Ord. 3719, 4-11-1983) 9. Nonstructural Trim: Nonstructural trim may be of wood, metal, approved plastics or any combination thereof. (Amd. Ord. 4832, 3-6-2000) 10. Anchorage: Members supporting un- braced signs shall be so proportioned that the bearing loads imposed on the soil in either di- rection, horizontal or vertical, shall not ex- ceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. An- chors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force twenty five percent (25%) greater than the re- quired resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and an- chorage to support safely the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, ex- 4-4-100K 4 - 68.1 (Revised 4/12) cept in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified in the adopted edition of the International Building Code. (Ord. 2504, 9-23-1969; Ord. 5450, 3-2-2009) 11. Size of and Materials for Display Sur- faces: Display surfaces in all types of signs may be made of metal, glass or approved plastics, or other approved noncombustible material, or wood for wood signs. Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area. Exception: Sections of approved plastics on signs other than wall signs may be of unlim- ited area if approved by the Building Official. Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6') vertically by the required exterior wall construction. Exception: Sections of approved plastics on signs other than wall signs may not be re- (Revised 4/12)4 - 68.2 This page left intentionally blank. 4-4-100L 4 - 69 (Revised 6/09) quired to be separated if approved by the Building Official. 12. Glass Panel Size, Thickness and Type: Glass thickness and area limitations shall be as set forth below: (Ord. 3719, 4-11-1983) 13. Approved Plastics: The Building Offi- cial shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is deter- mined that the evidence submitted is satis- factory for the use intended, he may approve its use. (Ord. 2504, 9-23-1969) 14. Welding: All welding on signs or sign structures shall be done by certified welders holding a valid certification from King County or other governmental jurisdiction acceptable to the Building Official. 15. Electrical Requirements: All signs containing electrical wiring shall be subject to the governing electrical code and shall bear the label of an approved testing agency. (Ord. 3719, 4-11-1983) 16. Clearance: All types of signs shall con- form to the clearance and projection require- ments of this Section. 17. Clearance from High Voltage Power Lines: Signs shall be located not less than ten feet (10') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hun- dred fifty (750) volts. The term “overhead conductors” as used in this Section means any electrical conductor, either bare or insu- lated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 18. Clearance from Fire Escapes, Exits or Standpipes: No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire es- cape, exit or standpipe. 19. Obstruction of Openings Prohibited: No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by the applicable City building codes. Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or ap- proved plastics. 20. Standards for Supports: The support- ing members of a sign shall be free of any un- necessary bracing, angle iron, guy wires, cables and similar devices. (Ord. 2504, 9-23-1969) L. LOCATION, PERMIT, AND INSURANCE REQUIREMENTS FOR SIGNS PROJECTING INTO SETBACKS OR RIGHT-OF-WAY: (Amd. Ord. 4832, 3-6-2000) 1. Maximum Sign Projection into Set- back: a. Signs may project within a legal set- back a maximum of six feet (6'). (Ord. 3719, 4-11-1983; Amd. Ord. 4720, 5-4-1998) MAXIMUM SIZE OF EXPOSED GLASS PANEL Any Dimension (Inches) Area (Square Inches) Minimum Thickness of Glass (Inches) Type of Glass 30 500 1/8 Plain, Plate or Wired 45 700 3/16 Plain, Plate or Wired 144 3600 1/4 Plain, Plate or Wired 144+ 3600+ 1/4 Wired Glass 4-4-100L (Revised 6/09)4 - 70 b. Ground signs which are six feet (6') or less in height may be installed within the front yard setback in the landscape strip; provided, that the area described in subsection C6 of this Section is kept clear. (Ord. 4720, 5-4-1998) 2. Allowed Projections into Right-of- Way: Signs and supporting sign structures may project within the public right-of-way as follows: a. Wall Signs: The thickness of that portion of a wall sign which projects over public right-of-way shall not exceed twelve inches (12"). (Ord. 3719, 4-11-1983; Ord. 4720, 5-4-1998) b. Marquees: Marquees and the at- tached or associated signs may extend over the right-of-way according to the terms of the adopted International Build- ing Code. c. Additional Allowances within City Center Sign Regulation Boundaries: In the City Center sign regulation bound- aries defined in subsection H2 of this Section, the following signs may project into the public right-of-way: i. Wall Signs: The thickness of that portion of a wall sign which projects over public right-of-way shall not ex- ceed twelve inches (12"). ii. Projecting Signs: A projecting sign may extend over the public right- of-way no more than four feet (4') from the wall it is mounted on. No sign shall extend into the public right- of-way to within less than two feet (2') of the curbline. iii. Awnings, Building Canopies and Marquees: Awnings, building canopies, and marquees and the at- tached or associated signs may ex- tend over the right-of-way according to the terms of the adopted Interna- tional Building Code. (Ord. 4720, 5-4-1998; Ord. 5450, 3-2-2009) 3. Identification of Sign Installer: All pro- jecting signs and signs which project into public right-of-way shall have painted thereon the name of the sign erector and the date of the erection. (Ord. 3719, 4-11-1983; Amd. Ord. 4720, 5-4-1998) 4. Liability Insurance Required for Signs Located on or over Public Property: (Amd. Ord. 4832, 3-6-2000) a. Excluding wall signs projecting twelve inches (12") or less over a public right-of-way, the owner of any sign lo- cated on or over a public right-of-way shall at the time of sign permit applica- tion, file with the Building Official a certif- icate of liability insurance issued by an insurance company authorized to do business in the State of Washington. The City shall be named as an additional in- sured, and notified of lapses or changes to the insurance policy in advance of such change. The insurance shall be in the amount of one million dollars ($1,000,000.00) per occurrence. (Amd. Ord. 4832, 3-6-2000) b. An annual sign permit shall be re- quired for any signs projecting over the right-of-way, excluding wall signs project- ing twelve inches (12") or less. Annual fees shall be consistent with RMC 4-1-140M. The annual permit shall be is- sued upon a determination that liability insurance remains in effect, and that the sign and supporting structure are secure. (Ord. 4720, 5-4-1998) 4-4-100O 4 - 71 (Revised 3/13) 5. Annual Right-of-Way Use Permit Re- quired for Signs Projecting on or over Public Right-of-Way: An annual right-of-way use permit shall be required for any signs pro- jecting over the right-of-way, excluding wall signs projecting twelve inches (12") or less. Annual fees shall be consistent with RMC 4-1-180E. The annual permit shall be issued upon a determination that liability insurance remains in effect, and that the sign and sup- porting structure are secure. (Ord. 4832, 3-6-2000) M. DESIGN REQUIREMENTS FOR PROJECTING SIGNS: 1. Standards: Projecting signs shall be de- signed in accordance with the requirements specified in subsection L of this Section. (Ord. 3719, 4-11-1983) N. DESIGN REQUIREMENTS FOR AWNING, CANOPY, OR MARQUEE SIGNS: 1. Applicability of this Section: All signs erected on, above or below a marquee shall comply with the requirements of this Section. 2. Acceptable Location and International Building Code Requirements: a. Signs may be placed on, attached to or constructed in a marquee. Such signs, over public or private property, shall, for the purpose of determining projection, clearance, height and material, be con- sidered a part of and shall meet the re- quirements for a marquee as specified in the adopted edition of the International Building Code (IBC). (Ord. 4172, 9-12-1988) b. Signs may be painted, printed, or af- fixed upon awnings or canopies. Awnings or canopies shall meet the applicable provisions of the adopted International Building Code. (Ord. 5450, 3-2-2009) 3. Under Marquee/Under Awning/Under Canopy Sign Limitations: a. Number: Under awning, canopy, or marquee signs shall be limited to one such sign per entrance for each business establishment. (Ord. 3719, 4-11-1983, Amd. Ord. 4720, 5-4-1998) b. Location and Size – Outside City Center: Where a legally constructed aw- ning, canopy, or marquee exists which in itself complies with the provisions of the Renton Building Code, an “under mar- quee” sign, no larger than twelve inches (12") high by seventy two inches (72") long by twelve inches (12") thick, may be suspended below the awning, canopy, or marquee, provided the bottom of the sign is at least eight feet (8') above the surface of the public or private sidewalk or walk- way and the sign does not extend beyond the awning, canopy, or marquee. c. Location and Size – Within City Center: In the City Center sign regulation boundaries defined in subsection H2 of this Section, under marquee signs may not exceed a maximum square footage of six (6) square feet, with a maximum sign thickness of twelve inches (12"). The bot- tom of the sign shall be at least eight feet (8') above the surface of the public or pri- vate sidewalk or walkway, and the sign shall not extend beyond the awning, can- opy, or marquee. (Ord. 4720, 5-4-1998) O. DESIGN REQUIREMENTS FOR ELECTRIC SIGNS: 1. Materials and Design Standards: Elec- tric signs shall be constructed of incombusti- ble materials, except as specified in subsection K of this Section. The enclosed shell of electric signs shall be watertight, ex- cepting that service holes fitted with covers shall be provided into each compartment of such signs. 2. Installation: Electrical equipment used in connection with display signs shall be in- stalled in accordance with local regulations regulating electrical installation. 3. Erector’s Name: Every electric sign pro- jecting over any street or alley or public place shall have the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be read- able from a reasonable distance. Failure to provide such name and date shall be grounds 4-4-100P (Revised 3/13)4 - 72 for rejection of the sign by the Building Offi- cial. (Ord. 2504, 9-23-1969) 4. Label Required: All electric signs shall bear the label of an approved testing agency. P. INSPECTIONS: Footing inspections shall be made by the Building Official for all signs having footings. Q. ALTERNATE PROVISIONS FOR MATERIAL, CONSTRUCTION AND DESIGN: See RMC 4-9-250E. R. APPEALS OF ADMINISTRATIVE DECISIONS: Appeals from administrative decisions in the in- terpretation of the provisions of this Code shall be heard by the Hearing Examiner pursuant to RMC 4-8-110. S. VARIANCES: Applications for variances from the provisions of this Chapter shall be heard by the Administrator as provided in RMC 4-8-070D and consistent with the provisions of RMC 4-9-250B. (Ord. 3719, 4-11-1983; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) T. COMPLIANCE AND CONFISCATION OF SIGNS: (Amd. Ord. 4856, 8-21-2000) 1. Compliance Required: It shall be un- lawful for any person to erect, construct, en- large, alter, repair, move, improve, convert, equip, use or maintain any sign or structure in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. (Amd. Ord. 4856, 8-21-2000) 2. Removal and Storage of Illegal Signs Authorized: Unauthorized signs or other ad- vertising devices either wholly or partially supported on or projecting over the public right-of-way may be removed by the Building Official or his representative without notice to the owner. Such signs or devices shall be stored at the City garage for a period not to exceed thirty (30) days, during which time the owner may redeem such sign or device by payment to the City Treasurer an amount equal to the City cost for the removal and storage, but in no event shall the fee be less than twenty dollars ($20.00). After expiration of the thirty (30) day storage period, the sign not having been redeemed, it shall be de- stroyed or otherwise disposed of. (Ord. 3719, 4-11-1983, Amd. Ord. 4422, 10-25-1993; Ord. 4856, 8-21-2000) 3. Confiscated Signs: All confiscated signs shall become the property of the City. (Ord. 3719, 4-11-1983; Amd. Ord. 4856, 8-21-2000) U. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 5062, 1-26-2004; Ord. 5159, 10-17-2005) 4-4-110 STORAGE FACILITIES, BULK: A. INTENT: The intent of the regulation of bulk storage facili- ties is to allow such facilities in a location and manner so they are compatible with adjacent or abutting properties and beneficial to the City and in accordance with the State Environmental Pol- icy Act. It is further the intent to insure that the safety, health, welfare, aesthetics and morals of the community are maintained at a high level. (Ord. 5676, 12-3-2012) B. SPECIAL REVIEW AND HIGHER STANDARDS REQUIRED: Due to the unique characteristics and problems inherent in making bulk storage facilities compat- ible with surrounding properties and environment, the City Council finds that special review of bulk storage facilities is required to insure the intent of these regulations; and the City Council expressly finds that in the Green River Valley, City of Renton and surrounding areas, there has been a loss in air quality and that a potential exists for a continu- ing deterioration in this air quality due in part to the unique meteorological and topographic char- acteristics such as the channeling and holding of air masses by inversions and the surrounding hills. This degradation in air quality adversely af- fects the livability and desirability of the City and is injurious to the health and well-being of its citi- zens. Those uses classified as a recognized higher risk have higher standards applied to them including, but not limited to, landscaping, traffic and access and hazardous materials. These reg- 4-4-110D 4 - 73 (Revised 3/13) ulations are to supplement and be in addition to existing code provisions. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975) C. SPECIAL PERMIT AND ADMINISTRATION: 1. Special Permit Required for Bulk Stor- age Facilities: Bulk storage facilities may be allowed only by special permit as specified in RMC 4-9-220. The fee for the special permit for bulk storage facilities is specified in the fee schedule set out in RMC 4-1-170. (Ord. 3653, 8-23-1982) 2. Applicability: The Department of Com- munity and Economic Development shall be responsible for determining whether an appli- cation is a bulk storage facility as defined herein. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Ord. 5676, 12-3-2012) 3. Authority and Responsibility: The Hearing Examiner is designated as the offi- cial agency of the City for the conduct of pub- lic hearings, and the Community and Economic Development Administrator is re- sponsible for the general administration and coordination. The Administrator shall estab- lish administrative procedures, which shall in- clude, but are not limited to: preparation of application forms, determining completeness and acceptance of application, and establish- ment of interdepartmental review routing pro- cedures. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975, Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977; Ord. 3592, 12-14-1981; Ord. 5676, 12-3-2012) 4. Provision of Information: The respon- sibility of producing information and data to establish that the proposed bulk storage facil- ity complies with the standards set forth in this Section shall be on the applicant. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) 5. Evaluation Criteria: The Hearing Exam- iner shall review the impact of the proposed use to determine whether it is compatible with the proposed site and general area. The Hearing Examiner may require any applica- ble bulk standard to be up to fifty percent (50%) more strict than specified to alleviate a potential problem, providing it shall be shown: (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) a. That because of special circum- stances applicable to subject property, in- cluding size, topography, location or surroundings and special characteristics applicable to subject facilities including height, surface drainage, toxic sub- stances, traffic and access, sound, liquid waste, light and glare, odorants, flamma- ble and explosive materials and gaseous wastes, the strict application of the zon- ing code and bulk storage regulations is found to deprive neighboring properties of rights and privileges enjoyed by other properties in the vicinity and under identi- cal zone classification. b. That the application of more strict standards will not be materially detrimen- tal to the subject facility and will maintain the full rights, privileges and environment of neighboring properties. c. That the application of such modifica- tions shall be supported by documented evidence of a clear and compelling na- ture to justify such stricter standards. D. DEVELOPMENT STANDARDS: 1. Height of Containers and Stock Piles: The maximum height of all storage containers and stock piles of bulk materials and/or prod- ucts shall be forty feet (40') or that of the structure height of the underlying zone if more restrictive. The storage of bulk materi- als in containers above manufacturing plants shall not be considered as bulk storage, but shall be classified as part of the supporting structure. No roof shall extend beyond five percent (5%) slopes drawn from forty foot (40') high vertical surfaces contiguous to the base of the structure. Only accessory items such as, but not limited to, antennas, ladders, light fixtures, railings, vent pipes and safety or health related items shall be excluded from the determination of structure height. 2. Setbacks: All structures and bulk stor- age, except security fences, opaque screens and signs, shall be located at least sixty feet (60') from all public rights-of-way, wildlife hab- itat, public areas, parks and waterways which include, but are not limited to, rivers, lakes, 4-4-110D (Revised 3/13)4 - 74 streams and drainage channels. In all other instances the setbacks shall be at least twenty feet (20') from the property line. 3. Landscaping and Screening: a. Intent: The intent of landscaping and screening is to minimize the visual impact of bulk storage as viewed from adjacent or nearby properties or facilities and to enhance the image of the industrial areas and the City. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) b. Screening Required for Recog- nized Higher Risk Storage: Those bulk storage uses which are considered as having a recognized higher risk shall have a barrier as specified in subsection D12 of this Section, Hazardous Materi- als, with a screen that is at least eighty percent (80%) opaque on top of the bar- rier and set back at least twenty feet (20') from the property line. i. Height of Screen: The barrier shall have a maximum height of four feet (4') when measured as in sub- section D12d of this Section. The combined height of the four foot (4') (maximum) barrier and screen shall be at least twenty five percent (25%) of the height of the bulk storage pro- vided such combination is at least eight feet (8') high. An optional secu- rity fence shall have at least a twenty foot (20') setback. ii. Landscaping Required: All ar- eas between the property lines and the screen shall be landscaped ex- cept for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line with an existing bulk storage facility constructed to the standards specified in this Section. The landscape plan shall be pre- pared by a licensed landscape archi- tect and approved by the Administrator. (Ord. 5676, 12-3-2012) c. Screening Required for Other Bulk Storage: Those bulk storage uses not in- cluded in subsection D3b of this Section shall have a screen including gates and shall be at least eighty percent (80%) opaque surrounding the property area. Said screen shall be at least twenty five percent (25%) as high as the bulk stor- age containers or stock piles provided said screen is at least eight feet (8') high. The screen and optional security fence shall be set back at least twenty feet (20') from all property lines except that for those bulk storage facilities whose total ownership is less than two and one-half (2-1/2) contiguous acres in area, the Hearing Examiner may reduce this set- back up to fifty percent (50%) for good cause and upon proper written applica- tion. All areas between the property lines and the screen shall be landscaped ex- cept for ingress and egress areas and ex- cept when a second bulk storage facility has a contiguous side or rear property line that abuts an existing bulk storage fa- cility constructed to the standards speci- fied in this Section provided there is at least a twenty foot (20') landscaped strip. The landscape plan is to be approved by the Administrator. A landscaped berm may be used by itself or in combination with a screen provided the required height is met. The slopes of said berm shall be at least two feet (2') horizontal to one foot (1') vertical. There shall be a flat area on top of the berm with a minimum width of two feet (2'). A retaining wall may be substituted for the internal side of the berm provided the retaining wall is ap- proved by a licensed engineer. (Ord. 3653, 8-23-1982; Ord. 5676, 12-3-2012) d. Landscaping Maintenance: The maintenance of landscaping shall be as- sured prior to the issuance of a building permit by requiring one of the following options: (i) the posting of a performance bond for one hundred fifty percent (150%) of the estimated cost of mainte- nance of landscaping for a three (3) year period, (ii) the depositing with the City Clerk of a certified or cashier’s check for one hundred fifty percent (150%) of the estimated cost of maintenance of land- scaping for a three (3) year period, (iii) fil- ing with the City Clerk a copy of a service contract for maintenance of landscaping for a three (3) year period, or (iv) such other written commitments that will as- 4-4-110D 4 - 75 (Revised 3/13) sure satisfactory maintenance of land- scaping for a three (3) year period. Any of the four (4) options above are to be ap- proved as to legal form prior to accep- tance by the City. Landscaping is to be maintained in a healthy, neat manner and shall be subject to periodic inspection by the City. 4-4-110D (Revised 3/13)4 - 76 4. Signs Permitted: The only identification signs permitted shall be one sign per street frontage that shall be four feet (4') in height or less, with a maximum of two (2) faces and no more than thirty (30) square feet per face. Such signs may be illuminated by external lights. Exit and entrance signs four (4) square feet in area or less may be placed at street en- trances. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) 5. Surface Drainage: a. Intent: The intent of this standard is to protect property from damage and loss due to flooding, erosion and deposition caused by the adverse alteration of natu- ral drainage flow patterns and rates, and to promote development practices which enhance the quality, benefits and enjoy- ment of the natural watercourses. b. Standards: Surface drainage shall be approved by the Development Ser- vices Division and shall comply with the design specifications set forth in the lat- est editions or revisions of Standard Specifications for Municipal Public Works Construction by the Washington State Chapter American Public Works Associa- tion, and Highway Hydraulics Manual by the Washington State Highway Commis- sion, Department of Highways. 6. Toxic Substances: a. Intent: The intent of this standard is to extend to the general public basic pre- cautions used in industry dealing with the exposure of workers to toxic materials. As a requisite to protecting the public health and welfare, and especially as that public includes the very young and other sensi- tive members, the environment should be kept free of unnecessary concentrations 4-4-110D 4 - 77 (Revised 3/13) of these toxic substances by using the best practicable control and process technology in all phases of manufacture and handling and by a sincere commit- ment to good housekeeping practices. b. PSAPCA Standards: The ambient air quality standards specified in Regula- tion 1 of the Puget Sound Air Pollution Control Agency (PSAPCA) shall apply to all air contaminants specifically listed therein. c. Maximum Concentrations of Toxic Substances: i. Those toxic substances not spe- cifically listed in Regulation 1 of the PSAPCA, but released into the ambi- ent air shall be in accordance with the fractional quantities set forth in subsection D6c(ii) of this Section and for those toxic substances listed in the most current publication, entitled Threshold Limit Values, of the Amer- ican Conference of Governmental Hygienists (ACGIH). ii. The concentration of a single toxic substance measured in an air sample shall not exceed one-fiftieth (1/50) of the threshold limit value or ceiling “C” limit value at the lot lines or one one-hundredth (1/100) of the threshold limit value or ceiling “C” limit value at the lot-district line. The concentrations of two (2) or more substances shall be considered as in the publication of ACGIH. iii. Those carcinogenic substances listed in threshold limit values having no listed threshold limit value shall not be detectable by the most sensi- tive method in air samples taken at the lot or lot-district lines. d. Method of Measurement: The sam- ples shall be taken by a qualified person as per the publication of the ACGIH and the concentrations of toxic substances shall be measured in a certified labora- tory or facility at the request of the Admin- istrator. (Ord. 5676, 12-3-2012) 7. Traffic and Access Control: a. Intent: The intent of this standard is to promote the safety of travel on public streets in industrial areas where dense and variable traffic flows cause additional hazards to persons and property and to provide for uninterruptable access to all properties and neighbors of a potential major fire, emergency or hazard. b. Access Requirements: All lots used by an industry of recognized higher risk shall be served on at least two (2) sides by accesses of dimensions equal to an industrial access street. Such ac- cesses shall be continuously open to City departments for clearing or repair at the owner’s expense. c. Emergency Vehicle Access: When on-site emergency access is required for fire or other emergency equipment, a through route shall be provided and maintained in a free and open condition at all times, with an exit from the lot differ- ent from the entrance and separated by at least three hundred feet (300') when not on opposite sides of the lot. Any fire or emergency access, including but not limited to this subsection, shall conform with the recommendations of the Renton Fire Department and together with a traf- fic flow pattern, when required, shall be clearly defined on a site plan. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975) d. Traffic Flow, Setbacks from Ac- cess Routes and Curb Cuts: A defini- tive traffic flow pattern shall be provided on the property for all traffic, both truck and automobile, such that all traffic shall cross lot lines traveling in a forward direc- tion. Necessary transportation between different parts of the same building or complex of buildings when located on one continuous lot shall be by private ac- cess routes, confined to the property so as to not cause unnecessary congestion or hazards on public streets. Such on-site access routes shall be located at a dis- tance of at least ten feet (10'), or on the property side of any required planting strip, from all pedestrian sidewalks or edge of public right-of-way. Curb cuts shall be kept to a minimum on both num- 4-4-110D (Revised 3/13)4 - 78 ber and width consistent with the prop- erty traffic flow pattern. e. Separation of Parking from Load- ing/Maneuvering Areas: Provisions shall be made for the separation of park- ing of private automobiles from any space or area used for maneuvering, parking or loading or any truck, vehicle or trailer ei- ther while attached to or unattached from any mover. f. Overpasses: Overpasses extending over a public right-of-way shall be limited to pedestrian foot traffic except that con- duits for the transmission of information may be included if concealed within the primary structure of the overpass. The design, lighting and landscaping of such structures shall clearly exhibit a high level of aesthetic design and furthermore shall be reviewed and approved by the Devel- opment Services Division. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3592, 12-14-1981) g. Paving of Access Routes: All on- site surfaces used for daily traffic within the lot or as a part of the traffic flow pat- tern required in subsection D7d of this Section shall be paved and maintained in a good condition with an asphalt surfac- ing, or its equivalent if approved, to pre- vent the generation of dust or the tracking of mud onto public rights-of-way. (Ord. 5676, 12-3-2012) h. Surfacing of Storage Areas: Stor- age areas not intended for maneuvering space shall be paved with a surface sat- isfactory to the Hearing Examiner to meet the requirements of this Chapter and minimize dust and control stormwater drainage. (Ord. 3653, 8-23-1982) 8. Sound: a. Intent: The intent of this standard is to establish maximum sound levels for in- dustrial sources as received in other properties of the same or different envi- ronmental use designation. This is ac- complished by implementing the sound level requirements of the Washington Ad- ministrative Code as it applies to indus- trial sources of sound and all sound receptors. b. WAC Regulations Adopted by Ref- erence: The regulation of industrial sounds as set forth in chapter 173-60 of the Washington Administrative Code (WAC), Maximum Environmental Noise Levels, is hereby incorporated by refer- ence. c. Classifications: The Classifications for Use Districts (Zoning Codes) of the City of Renton shall be assigned the En- vironmental Designation for Noise Abate- ment (EDNA) Codes as follows: d. Maximum Sound Levels: The sound level of an industrial (EDNA Class C) sound source when measured in the prescribed manner and location shall not exceed the following values: EDNA Class A:RC, R-1, R-4, R-8, RMH, R-10, R-14, RM EDNA Class B:CN, CV, CD, CA, COR, CO, UC-N1, UC-N2 EDNA Class C:IL, IH, IM 4-4-110D 4 - 79 (Revised 3/13) e. Reduction Due to Method of Mea- surement: All maximum sound level val- ues for impulsive sounds shall be reduced five (5) decibels when measured with an A-weighted network. f. Extension of Hours of Restric- tions: The hours of lower sound levels shall be extended in EDNA Class A envi- ronments for all hours of the weekend, from midnight Friday to midnight Sunday, and the following holidays, as officially observed by the City of Renton: New Year’s Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 9. Liquid Waste: a. Intent: The intent of this standard is to preserve and enhance the quality of the environment and protect the public health and welfare by preventing the dis- posal of liquid industrial wastes by unac- ceptable methods and in unapproved areas. Liquid waste shall include surface run-off waters as per subsection D5 of this Section, Surface Drainage, when contaminated with chemicals, oils or other toxic substances. b. Discharge Regulated: The dis- charge of all waterless liquid waste shall be subject to the conditions of subsection D9d of this Section and/or disposed of by a liquid waste disposal company. MAXIMUM PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES FROM EDNA CLASS C (INDUSTRIAL) SOURCE EDNA CLASS OF RECEPTOR MAXIMUM SOUND LEVEL1 (dB(A)) DURATION IN MINUTES IN ANY ONE-HOUR PERIOD APPLICABLE HOURS5 A A A A A A A A 60 65 70 75 50 55 60 65 Continually 152 52 1-1/22 Continually 152 52 1-1/22 7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 7 am – 10 pm 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am 10 pm – 7 am B B B B 65 70 75 80 Continually 153 53 1-1/23 All All All All C C C C 70 75 80 85 Continually 154 54 1-1/24 All All All All 1 Source: Chapter 172-60 WAC, “Maximum Environment Noise Levels”. 2 Total of all dB(A)s over 60 not to exceed 15 minutes in any one hour. 3 Total of all dB(A)s over 65 not to exceed 15 minutes in any one hour. 4 Total of all dB(A)s over 70 not to exceed 15 minutes in any one hour. 5 The lower noise in EDNA Class A apply to all hours of the weekends and holidays. 4-4-110D (Revised 3/13)4 - 80 c. Standards and Permits: The dis- charge of any water containing liquid, gas or solid wastes in solution and/or as a mixture into any part of the natural water system shall comply with the standards and compatibility requirements of the Washington State Department of Ecology or any successor department or agency thereof. The Administrator shall be sup- plied with a true copy of any and all dis- charge permits issued to the facility by the State of Washington Department of Ecol- ogy. (Ord. 5676, 12-3-2012) d. Standards for Discharge into Sewer System: All wastes discharged into a sewerage system shall comply with the applicable regulations of the City of Renton and the municipality of metropol- itan Seattle sewerage system governing the control and disposal of industrial waste. e. Disposal Schedule: All liquid wastes undisposable by treatment, after treatment, or by sewerage system shall be disposed of on a scheduled basis clearly related in both rate and magnitude with the industrial process or source gen- erating the waste. f. Proof of Compliance: Upon request, the industry shall provide substantial proof of having disposed of liquid waste, falling in the categories of subsection D9e of this Section equal to or greater than eighty percent (80%) in either vol- ume or weight of the amount generated during the previous six (6) months of op- eration. Should the generation of such liquid waste be on a sporadic basis then the industry shall provide written evi- dence of substantial compliance with this subsection. (Ord. 5676, 12-3-2012) g. Prevention of Odorants: The re- lease of odorants or gaseous wastes from liquid wastes awaiting disposal shall be prevented by using adequate means of storage and all other reasonable means necessary. h. Treatment of Liquid Waste: Any treatment of liquid waste solely for the purpose of disposal shall be permitted when the generation of any solid or gas- eous wastes is adequately handled in compliance with these standards and all other rules and regulations of State and regional agencies. Such treatment shall employ the best practicable control cur- rently available to industry. 10. Light and Glare: a. Intent: The intent of this standard is to afford the public the safety of adequate lighting while avoiding unnecessary glare and exposure to excessive outdoor illu- mination which may create a hazard or unreasonably interfere with the relaxation and enjoyment of public open spaces, rights-of-way, and normal residential ac- tivities and pursuits. b. Method of Measurement: Illumina- tion levels shall be measured with a pho- toelectric photometer (light-meter) having a spectral response similar to that of the human eye, following the standard spec- tral luminous efficiency curve adopted by the International Commission of Illumina- tion. c. Maximum Levels: The illumination from all sources located on a lot shall have the maximum value of eleven (11) lumens per square meter outside of lot lines and six (6) lumens per square meter outside the district line. In all cases of con- flict the district line value shall apply. The intrinsic brightness of any source visible beyond the district lines shall have a max- imum value of fifty (50) candles per square centimeter. Intermittent, rotating or flashing lights of an intrinsic brightness greater than two (2) candles per square centimeter and with a frequency greater than once in any five (5) second time pe- riod shall not be visible beyond district lines unless for the sole purpose of alarm or giving warning. 11. Odorants: a. Intent: The intent of this standard is to prevent the occurrence of certain of- fensive odors in the environment by limit- ing the concentration of chemical compounds which are known to produce strong olfactory responses. This stan- dard does not attempt to determine the 4-4-110D 4 - 81 (Revised 3/13) intrinsic or subjective good or bad quali- ties of an odor, but only that the concen- tration of specific constituent compounds are above adopted values which have been accepted for the health and well-be- ing of the general public. b. Maximum Levels: The concentra- tion of specific compounds listed in the following schedule shall not exceed the odor threshold values in two (2) consecu- tive air samples. Three (3) air samples are to be taken over a two (2) hour pe- riod, one sample each at the beginning and end of the test period and one sam- ple near the time midway through the sample period. The Administrator may establish the time of the sample period. When more than one concentration is listed for a substance in these standards, the more stringent shall apply. ODORANT CONCENTRATIONS FOR SPECIFIC CHEMICALS IN CLEAN AMBIENT AIR POLLUTANT ODOR THRESHOLD1 (ppm) (mg/m 3) Acetone Acrolein Allyl disulfide Allyl mercaptan Ammonia 320.00 15.00 0.0001 0.0005 0.037 770.00 15.00 0.00006 0.00015 0.026 Amyl alcohol Apiole Benzene i-Butanol n-Butanol 10.00 0.0063 60.00 40.00 11.00 35.00 0.057 180.00 120.00 33.00 i-Butylacetate n-Butylacetate n-Butylformate Butyric acid Camphor 4.00 7.00 17.00 0.00028 16.00 17.00 35.00 70.00 0.000001 100.00 Carbon disulfide Carbonetetrachloride Chlorine Diacetyl 1,2-Dichloroethane 7.70 200.00 0.01 0.025 110.00 23.00 260.00 0.029 0.088 450.00 Diethylketone Dimethylamine Dimethyl sulphide Dioxane Ethanol 9.00 6.00 0.02 170.00 50.00 33.00 11.00 0.051 620.00 93.00 Ethylacetate Ethyleneglycol Ethyl mercaptan Ethyl selenide Ethyl selenomercaptan 50.00 25.00 0.000016 0.000062 0.0000018 180.00 90.00 0.00004 0.00035 0.000008 Ethyl sulphide Heptane Hydrogen selenide Hydrogen sulphide Iodoform 0.00025 220.00 3.00 0.0011 0.00037 0.00092 930.00 10.00 0.0015 0.0061 Ionone Methanol Methylacetate Methylenechloride Methylethylketone 0.000000059 5900.00 200.00 150.00 25.00 0.00000046 7800.00 550.00 550.00 80.00 4-4-110D (Revised 3/13)4 - 82 (Ord. 5676, 12-3-2012) c. Testing Procedure: The samples shall be taken by a qualified person and the concentrations of odorants shall be measured in a certified laboratory or facil- ity at the request of the Administrator. The location for taking the three (3) sam- ples shall remain fixed during the test pe- riod and shall be at a point outside lot lines, at ground level or habitable eleva- tions and a safe and reasonable place consistent with the location of the re- ported violation. (Ord. 5676, 12-3-2012) d. Monitoring Required Upon Com- plaint: Monitoring shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the complained of odors, unless the area is designated as a public use area where- upon all complaints will be accepted. e. Other Remedies Not Impaired: Nothing in this standard shall be con- strued to impair any cause of action or le- gal remedy therefor of any person, or the public for injury or damages arising from the emission of any odorant in such place, manner or concentration as to constitute air pollution or a common law nuisance. 12. Hazardous Materials: a. Intent: The intent of this standard is to provide adequate separation between highly flammable or explosive materials used in industries of a recognized higher risk and the neighboring properties and public areas, total containment of all highly flammable, toxic and polluting liq- uid materials, limits for the stored quan- tity of highly flammable and explosive materials as a function of property area, and all other reasonable safety measures Methylformate Methyleneglycol Methyl-i-butylketone Methyl mercaptan Methylpropylketone 2000.00 60.00 8.00 0.0011 8.00 5000.00 190.00 32.00 0.0022 27.00 Octane Ozone Phenol i-Propanol n-Propanol 150.00 0.10 3.00 40.00 30.00 710.00 0.20 12.00 90.00 80.00 i-Propylacetate n-Propylacetate Propyl mercaptan Pyridine Scatole 30.00 20.00 0.000075 0.012 0.000000075 140.00 70.00 0.00023 0.04 0.0000004 Sulphur dioxide Tetrachloroethylene Tetrahydrofuran Toluene 1,1,1-Trichloroethane 30.00 50.00 30.00 40.00 400.00 79.00 320.00 90.001 40.00 2100.00 Trichloroethylene Trimethylamine Valeric acid Vanillin Xylene 80.00 4.00 0.00062 0.000000032 20.00 440.00 96.00 0.0026 0.0000002 100.00 1 ppm is parts per million at 20° and 760 torr mg/m3 is milligrams per cubic meter ODORANT CONCENTRATIONS FOR SPECIFIC CHEMICALS IN CLEAN AMBIENT AIR POLLUTANT ODOR THRESHOLD1 (ppm) (mg/m 3) 4-4-110D 4 - 83 (Revised 3/13) deemed necessary for the protection of people, property, and the environment from the threat and destruction of fire and/or explosion, and to prevent encum- bering adjoining properties with burdens which are related to the hazards of highly flammable and explosive materials. b. Off-Site Economic Burdens Pro- hibited: An industry shall not impose economic burdens such as, but not lim- ited to, higher insurance rates and/or op- erational limitations upon neighboring facilities due to its location and hazard- ous nature. All necessary modifications shall be made to both such characteris- tics and the site plan so as to not impact neighboring facilities. c. Barrier Required: An industry or fa- cility storing for its own use or redistribu- tion any highly flammable toxic or polluting liquid of a capacity equal to or greater than the lesser of that quantity sufficient to result in a flow across lot lines or a quantity of fifteen (15) cubic inches per square foot of total lot area shall construct a permanent continuous barrier surrounding all buildings, struc- tures and facilities which could contribute to the flow. The storage in liquid form of those materials which are normally in a gas phase at ambient temperature and atmospheric pressures shall be con- tained within a barrier unless it is deter- mined that dispersion of the resulting gas or aerosol would be less hazardous. The capacity of the space within the barrier shall be one hundred percent (100%) of the maximum possible volume of stored liquid and the top of the barrier shall be at least one foot (1') above this liquid level. The barrier shall be designed and con- structed in such a manner that there is no visible leakage on or below any portion of the exterior surface of the barrier which is below the level of the confined liquid after a forty eight (48) hour period. A report on a test of a typical barrier section con- structed to full scale shall be prepared by a licensed engineer and submitted as proof of the design. (Ord. 5676, 12-3-2012) d. Barrier Design: The barrier shall be of earthen material with two (2) sloping sides extending to grade level without any vertical cuts or retaining walls. The top of the barrier shall be flat. The barrier shall have a maximum vertical height of four feet (4') when measured between the grade level at the internal toe to the top. The slope of the sides and width of the top shall be according to accepted engineer- ing design for holding ponds. The design of the barrier shall minimize the likelihood of damage by major earthquakes whose epicenters are located in the Pacific Northwest. All ingress into and egress from the inner side of the barrier shall be over the barrier top. The roadway shall be constructed so as to not weaken the bar- rier or decrease its resistance to earth- quake damage. When the barrier and landscaped berm are one and the same structure no vertical cuts or retaining walls shall be allowed in the common structure. e. Fire Suppression System Stan- dards: On-site fire suppression systems shall be fully automatic with manual over- rides from at least two (2) locations out- side the barrier. The fire suppression system shall be connected to central dis- patch of the City of Renton by means of a remote station protecting signaling sys- tem, in accordance with the specifications of the National Fire Code, Volume 7, of the National Fire Protection Association. The best practicable control shall be used for the prevention of fires and explo- sions, for the detection of fires and other related hazards, and for the protection of life and property from fires, explosions and their related effects. f. Maximum Quantities and Permit- ted Locations: The manufacture and/or storage of explosives or blasting agents shall comply with the quantities and loca- tions set forth in the following schedule as per type of explosive, quantity to be manufactured and/or stored and the dis- tances from the lot lines. The quantities are the maximum amount that shall be al- lowed for any one company, facility or site. The stated distances are the mini- mum that shall be allowed. 4-4-110D (Revised 3/13)4 - 84 g. Additional Requirements: The manufacture and/or storage of explo- sives, blasting agents and similar such substances shall comply with all other conditions and regulations as set forth in the Washington State Explosives Act, chapter 70-74 WAC. h. Separation of Barrier and Fire Code Dyke: The dyke required by the Uniform Fire Code (with a minimum hold- ing capacity of one hundred percent (100%) of the single largest tank) and the barrier required by the bulk storage regu- lations (with a holding capacity of one hundred percent (100%) of the total ca- pacity of all tanks plus one foot (1')) shall be separated by at least one hundred feet (100') for the safety of firefighting personnel. Such separation shall be measured from the external toe of the dyke to the internal toe of the barrier or from the setback line when the internal toe of the barrier is closer to the property line than the required setback. i. Combination of Requirements En- couraged: The requirements for a bar- rier, landscaping and opaque screen and/ or berm are encouraged to be combined into a single configuration similar to that shown in the second figure of subsection D3 of this Section, Landscaped Berm and Opaque Screen. The required opaque screen may be satisfied by a properly designed security fence. j. Impervious Surfacing Required: All exposed ground surfaces within struc- tures intended for the containment of spills shall be impervious to those stored and/or handled liquids which may result in the contamination of the underlying soil. The ground surface within the barrier shall be impervious unless all potential points of spill have intermediate contain- ment structures. Contaminating liquids shall also include solid chemicals when readily soluble in water and transportable into the subsoil by dissolution in surface water. The impervious area in the case of such contaminated surface water shall be determined by intercept points in an approved drainage system. 13. Gaseous and Particulate Emissions: a. Intent: The intent of this standard is to limit the unnecessary generation of all air contaminants, to decrease the annual emissions from stationary sources and all related transfer operations on the site by controlling land use intensity and requir- ing the use of the best practicable control of the emission of airborne contaminants to achieve and maintain a healthful envi- ronment of clean air. b. Preferred Process Methods: Pro- cess methods and procedures currently available in industry which are known to cause fewer in number and lesser quan- tities of air contaminants shall be used in all cases. In addition the best practicable control shall be used for the control and removal of air contaminants. c. PSAPCA Requirements: Compli- ance with the emission and density schedule in this subsection D13 does not relieve the owner or operator of the facil- ity of the responsibility of meeting the re- quirements of Regulation 1 of the Puget Sound Air Pollution Control Agency. d. Substance Density Limitations: The emission of specific substances into the air shall be limited to the total annual and spatial density, relative to land use for each facility as set forth in the emis- QUANTITY AND DISTANCE FOR EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE EXPLOSIVE MATERIAL1 QUANTITY IN POUNDS DISTANCE FROM LOT LINES IN FEET Explosive – Class A 0 to 5 280 Blasting Agents 0 to 5 5 to 10 10 to 20 20 to 30 280 360 440 500 Explosive – Class B and C 0 to 5 5 to 10 10 to 20 20 to 30 30 to 40 40 to 50 210 270 330 380 420 450 1Definitions and classification as per “Washington State Explosive Act”, chapter 70-74 WAC, as amended by Chapter 72, Laws of 1970. 4-4-110D 4 - 85 (Revised 3/13) sion and density schedule in this subsec- tion D13. e. Further Emission Limitations Dur- ing an Alert: A facility shall be capable of achieving a condition of near-zero dis- charge during an alert or higher stage of operational and technical means to reach the lowest physically possible quantity of emissions during the entire alert period. It shall be the responsibility of the Adminis- trator to enforce a reduction in the pro- cess weight to comply with this restriction. (Ord. 5676, 12-3-2012) f. Hydroseeding Required: All ground surfaces not included in developmental coverage, left in an undisturbed condition of natural flora, or required landscaping which may contribute to the amount of airborne particulate matter shall be suit- ably covered by hydroseeding or the equivalent with grasses or other vegeta- tion to prevent the generation of dust. g. Report by Developer Required: It shall be the responsibility of the devel- oper of the facility to ascertain the infor- mation required in the emission and density schedule in this subsection D13 and to report such finding to the Adminis- trator. All new facilities or expansion of ex- isting facilities, unless exempted by the limitations in the emission and density schedule in this subsection D13, shall provide an initial report covering the emis- sion of those specific substances listed in the emission and density schedule in this subsection D13. The report shall cover the first three (3) months of operation and shall be filed with the Administrator within thirty (30) days after the end of the report- ing period. The report shall enumerate all sources by type or category contributing ten percent (10%) or more of the total emission for each specific substance. The total of all sources contributing less than ten percent (10%) individually may be grouped as one entry and if so shall specify the number of sources included. The report shall contain such information or analyses as will disclose the reported values of the emissions which are or may be discharged by such source. The report shall be certified by a licensed engineer. (Ord. 5676, 12-3-2012) h. Quarterly Reports May Be Re- quired: Each emission greater than twenty percent (20%) of the annual weight per facility or spatial density, com- puted on an annual basis, as reported in subsection D13g of this Section shall be reported thereafter on a quarterly basis until such time as the total weight of the specific emission drops below and re- mains below the twenty percent (20%) specified above. Such reports shall be due and filed with the Administrator within thirty (30) days after the end of the reporting quarter. The beginning and ending dates of each quarter shall be es- tablished during the approval process. (Ord. 5676, 12-3-2012) i. Notification Required: Each facility subject to this standard shall be respon- sible for notifying the Administrator of all new initial emissions of a substance listed in the emission and density sched- ule in this subsection D13 and all in- creases in emissions of that specific substance for existing sources, above the twenty percent (20%) level specified in subsection D13h of this Section. Such notification will be in a report as per sub- section D13g of this Section. (Ord. 5676, 12-3-2012) j. Additional Reports Authorized: In addition to such reports as required above, the Administrator may designate and employ a licensed engineer of his choice to make an independent study and report as to the type and quantity of emissions which are or may be dis- charged from the source. The Adminis- trator shall be authorized to enter and inspect the facility upon a showing of need and upon the owner’s permission or upon court order. (Ord. 5676, 12-3-2012) k. Locational Restrictions for Facili- ties with Emissions: The site of bulk storage facilities emitting any of those substances listed in the emission and density schedule in this subsection D13 shall comply with the following limitation on location. No new facility or expansion of an existing facility shall be permitted within five thousand feet (5,000') of an ex- isting bulk storage facility if their com- bined emission for any of the listed sub- 4-4-110D (Revised 3/13)4 - 86 stances exceeds two (2) times the permit- ted annual emission of the substance for a single facility. The emissions of applica- ble existing facilities shall be reduced as per subsection D13l of this Section. l. Special Emission Standards for Existing Facilities: All existing bulk stor- age facilities on the effective date of this Section (9-18-1975) and emitting more than the maximum permitted emission of any listed substance shall be assumed as having the maximum permitted emis- sion for the purpose of calculating the lo- cational density of facilities as specified in subsection D13k of this Section. For the purpose of this standard, existing bulk storage facilities shall include those facilities for which substantial construc- tion, other than site preparation, is in progress and as determined by the Ad- ministrator. (Ord. 5676, 12-3-2012) m. Compliance Later Required for Existing Facilities: All existing facilities qualifying under subsection D13l of this Section shall comply with the emission standards set forth in the emission and density schedule in this subsection D13 within three (3) years of the effective date of this Section. A one-time extension of up to two (2) years may be granted upon the showing of good cause why compli- ance cannot be achieved within the spec- ified time period. (Ord. 5676, 12-3-2012) n. Efficiency Rating – Minimum: Emission control shall be required of those specific substances for which a re- port is required as per subsection D13h of this Section. Sources and/or points of emissions within the lot lines shall be suit- ably controlled to result in a reduction or recovery of emissions with an overall ef- ficiency for the facility of ninety percent (90%) or greater when compared to the uncontrolled facility and when the equip- ment and technology are readily avail- able. Sources and points of emission shall include the carrier vehicle and trans- fer mechanism when actively engaged in loading or unloading operations. Control shall include, but is not limited to, vapor recovery systems for volatile liquids and hoods or fully enclosed buildings with ex- haust fans and filters or their equivalent for transfer operations generating air- borne particulates. Such emission control shall be required even though the emis- sions of the bulk storage facility are below the maximum permitted levels. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) TOTAL ANNUAL EMISSION AND SPATIAL DENSITY OF SPECIFIC SUBSTANCES SUBSTANCE MEASURED AS MAXIMUM WEIGHT PER FACILITY (Tons/Year) SPATIAL DENSITY1 (Units/Acre) LIMITATIONS Hydrocarbons Carbon 100.0 9.00 Tons None Water Vapor Sulfur Oxides Nitrogen Dioxide Carbon Monoxide Photochemical Oxidants Suspended Particulates Arsenic The annual emission per facility and spatial density shall be equivalent to the allowable emissions and ambient air concentrations established in Regulation 1 of the Puget Sound Air Pollution Control Agency 1 Fractions of an acre shall be allotted an equivalent portion of the emission and rounded out to the near- est significant figure as shown in the table. 4-4-130C 4 - 87 (Revised 3/13) E. VARIANCES: In the case of hardships affecting the subject property, variances to these bulk standards may be granted by the Hearing Examiner subject to the conditions of RMC 4-9-250B5. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) 4-4-120 STORAGE LOTS – OUTSIDE: A. SCREENING REQUIRED: Outside storage lots shall be effectively screened by a combination of landscaping and fencing along the perimeter. 1. Landscaping: A minimum of ten feet (10') landscaped strip is required between the property lines along public rights-of-way and the fence. The landscaping shall be of size and variety so as to provide an eighty percent (80%) opaque screen. 2. Fencing: The entire perimeter must be fenced by a minimum of an eight foot (8') high sight-obscuring fence. Gates may be left un- screened for security purposes. B. SURFACING: Storage areas may be surfaced with crushed rock or similar material subject to the approval of the De- velopment Services Division to minimize dust, con- trol surface drainage and provide suitable access. (Ord. 3653, 8-23-1982; Ord. 5100, 11-1-2004) 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and ground cover plants. The pur- poses of these regulations are to: 1. Preserve and enhance the City’s physical and aesthetic character by minimizing indis- criminate removal or destruction of trees, shrubs and ground cover; 2. Implement and further the goals and pol- icies of the City’s Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, wa- tersheds, and economics; 3. Promote land development practices that result in minimal adverse disturbance to ex- isting vegetation and soils within the City while at the same time recognizing that cer- tain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reason- able enjoyment of property may require the removal of certain trees and ground cover; 4. Minimize surface water and groundwater runoff and diversion, and aid in the stabiliza- tion of soil, and minimize erosion and sedi- mentation, and minimize the need for addi- tional storm drainage facilities caused by the destabilization of soils; 5. Retain clusters of trees for the abatement of noise and for wind protection, and reduce air pollution by producing pure oxygen from carbon dioxide; 6. Protect trees during construction activi- ties from damage to tree roots, trunks, and branches; 7. Recognize that trees increase real estate values. B. APPLICABILITY: The regulations of this Section apply to any prop- erty where land development or routine vegeta- tion management activities are undertaken. C. ALLOWED TREE REMOVAL ACTIVITIES: Tree removal and associated use of mechanical equipment is permitted as follows, except as pro- vided in subsection D2 of this Section, Restric- tions for Critical Areas – General, and in RMC 4-3-110E5b, Urban Separator Overlay Regula- tions. Except as stated in subsection C9c of this Section, no Routine Vegetation Management Permit is required for the following activities/work: 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situa- tions involving immediate danger to life or 4-4-130C (Revised 3/13)4 - 88 property, substantial fire hazards, or interrup- tion of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, dam- aged, or dangerous ground cover or trees which have been certified as such by a for- ester, registered landscape architect, or certi- fied arborist, selection of whom to be approved by the City based on the type of in- formation required, or the removal of which is approved by the City. 3. Maintenance Activities/Essential Tree Removal – Public or Private Utilities, Roads and Public Parks: Maintenance ac- tivities including routine vegetation manage- ment and essential tree removal for public and private utilities, road rights-of-way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmen- tal Policy Act and RMC 4-9-070, Environmen- tal Review Procedures. 5. Existing and Ongoing Agricultural Ac- tivities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: Removal of only those trees which are planted and growing on the premises of a li- censed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investiga- tive work necessary for land use application submittals such as surveys, soil logs, perco- lation tests, and other related activities includ- ing the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the fol- lowing requirements: a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restric- tions for Critical Areas – General, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investi- gative work is conducted, disturbed ar- eas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner’s agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D2 of this Sec- tion, Restrictions for Critical Areas – Gen- eral. d. No site investigative work shall com- mence without first notifying the Commu- nity and Economic Development Administrator in advance. (Ord. 5676, 12-3-2012) 9. Allowable Minor Tree Removal Activi- ties: Except as provided in subsection D2 of this Section, Restrictions for Critical Areas – General, tree removal and associated use of mechanical equipment is permitted as fol- lows: a. No more than three (3) trees are re- moved in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and b. No more than six (6) trees are re- moved in any twelve (12) month period from a property thirty five thousand (35,000) square feet and greater in size. c. Permit Required to Remove Trees in Excess of the Numbers Above: A Routine Vegetation Management Permit is required for removal of trees in excess of the amounts listed above. See RMC 4- 9-195, Routine Vegetation Management Permits. d.Rights-of-Way Unobstructed: In conducting minor tree removal activities, rights-of-way shall not be obstructed un- less a right-of-way use permit is ob- tained. 4-4-130E 4 - 89 (Revised 3/13) 10. Landscaping or Gardening Permit- ted: Land clearing in conformance with the provisions of subsection C9 of this Section, Allowable Minor Tree Removal Activities, and subsection D2 of this Section, Restrictions for Critical Areas – General, is permitted for pur- poses of landscaping or gardening; provided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved operational mining and quarrying activities. 12. Existing Streets and Utilities: Modifi- cation of existing utilities and streets by ten percent (10%) or less. 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements: Within existing improved public road rights-of-way or ease- ments, installation, construction, replace- ment, operation, overbuilding, or alteration of all natural gas, cable, communication, tele- phone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing im- proved area or the public right-of-way, this ex- emption does not apply. Restoration of disturbed areas shall be completed. 14. Tree removal authorized by a Land De- velopment Permit. (Ord. 5650, 12-12-2011) D. PROHIBITED ACTIVITIES: 1. Tree Cutting in Advance of Issuance of Land Development Permit: There shall be no tree removal or land clearing on any site for the sake of preparing that site for fu- ture development unless a land development permit, as defined in RMC 4-11-120, for the site has been approved by the City. (Ord. 5450, 3-2-2009) 2. Tree Cutting or Vegetation Manage- ment Without Required Routine Vegeta- tion Management Permit: a. Tree cutting in excess of the limits established in subsection C9 of this Sec- tion, Allowed Minor Tree Removal Activi- ties, is prohibited unless a Routine Vegetation Management Permit has been granted. b. Routine vegetation management on an undeveloped property without a Rou- tine Vegetation Management Permit is prohibited. c. Use of non-exempt mechanical equipment without a Routine Vegetation Management Permit is prohibited. 3. Restrictions for Critical Areas – Gen- eral: Unless exempted by critical areas, RMC 4-3-050C5 or Shoreline Master Program Regulations, RMC 4-3-090, no tree removal, or land clearing, or ground cover manage- ment is permitted: a. On portions of property with pro- tected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as al- lowed in this Section or in the Critical Ar- eas Regulations, RMC 4-3-050; or c. Areas classified as very high land- slide hazards, except as allowed in this Section or in the Critical Areas Regula- tions, RMC 4-3-050. 4. Restrictions for Native Growth Protec- tion Areas: Tree removal or land clearing shall not be permitted within a native growth protection easement except as provided in the established native growth protection area requirements of RMC 4-3-050E4. (Ord. 5650, 12-12-2011) E. REVIEW AUTHORITY: 1. Authority and Interpretation: The Com- munity and Economic Development Adminis- trator is hereby authorized and directed to interpret and enforce all the provisions of this Section when no other permit or approval re- quires Hearing Examiner review. He or she is authorized to require retention above the minimum standards, to require phasing of tree retention plans, or to require any other 4-4-130F (Revised 3/13)4 - 90 measures to meet the purpose of this Sec- tion. 2. Independent Secondary Review: The Administrator may require independent re- view of any land use application that involves tree removal and land clearing at the City’s discretion. An evaluation by an independent qualified professional regarding the appli- cant’s analysis on the effectiveness of any proposed removal, retention, or replacement measures, to include recommendations as appropriate. This review shall be paid for by the applicant and the City shall select the third-party review professional. (Ord. 5676, 12-3-2012) F. PERMITS REQUIRED: 1. Land Development Permit Required for Site Preparation: An approved land de- velopment permit, as defined in RMC 4-8-120D12, is required in order to conduct tree removal or land clearing on any site for the sake of preparing that site for future de- velopment. 2. Routine Vegetation Management Per- mit Required for the Following Activities: a. Routine Vegetation Management on Undeveloped Properties: Any per- son who performs routine vegetation management, as defined in RMC 4-11-180, on undeveloped property in the City must obtain a Routine Vegetation Management Permit prior to performing such work. b. Use of Mechanical Equipment: Ex- cept where mechanical equipment is twenty seven (27) horsepower or less, any person who uses mechanical equip- ment for routine vegetation management, land clearing, tree removal, landscaping, or gardening must obtain a Routine Veg- etation Management Permit prior to per- forming such work. c. Tree Removal in Excess of Maxi- mum Allowance: A Routine Vegetation Management Permit shall be required for tree cutting in greater amounts than specified under subsection C9 of this Section (entitled Allowed Minor Tree Re- moval Activities) where tree cutting is proposed without an associated Land Development Permit. Any tree cutting ac- tivities shall be the minimum necessary to accomplish the intended purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Ar- eas. Trees removed in excess of the maximum amount allowed under subsec- tion C9 of this Section shall be subject to RMC 4-4-130H1e, Replacement Re- quirements, unless determined by the Administrator to be unfeasible in the spe- cific case. 3. Conditional Use Permit Required for Timber Stand Thinning: While timber har- vesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing thinning beyond the limits al- lowed in subsections C9a or C9b of this Sec- tion shall be considered as a conditional use permit by the Hearing Examiner according to the following criteria in lieu of standard condi- tional use permit criteria: a. Appropriate approvals have been sought and obtained with the State De- partment of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H3, Applicability, Perfor- mance Standards and Alternates, and H4, General Review Criteria, of this Sec- tion; and d. Thinning activities shall be limited to less than forty percent (40%) of the vol- ume and trees. (Ord. 5650, 12-12-2011) G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Rou- tine Vegetation Management Permits. 4-4-130H 4 - 91 (Revised 3/13) H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Protected Trees – Retention Required: Trees shall be retained as follows: a. Damaged and Diseased Trees Ex- cluded: Trees that are dangerous as de- fined in RMC 4-11-200, or are safety risks due to root, trunk, or crown structure fail- ure shall not be counted as protected trees. b. Residential: i. RC, R-1, R-4 and R-8 Zones: Thirty percent (30%) of the trees shall be retained in a residential or in- stitutional development. ii. R-10, R-14, RM-F, RM-T, RM-U and RMH: Ten percent (10%) of the trees shall be retained in a residential or institutional development. c. All Other Zones: Five percent (5%) of the trees located on the lot shall be considered protected and retained in commercial or industrial developments. d. Utility Uses and Mineral Extrac- tion Uses: Such operations shall be ex- empt from the protected tree retention requirements of this Chapter if removal can be justified in writing and approved by the Administrator. (Ord. 5676, 12-3-2012) e. Replacement Requirements: i. When the required number of protected trees cannot be retained, new trees, with a two-inch (2") caliper or greater, shall be planted. The re- placement rate shall be twelve (12) caliper inches of new trees to replace each protected tree removed. ii. When a tree or tree cluster that is part of an approved tree retention plan cannot be retained, mitigation shall be required per subsection H1ei of this Section. iii. Unless replacement trees are being used as part of an enhance- ment project in a critical area or buffer, they shall not consist of any species listed in RMC 4-4-130H7d. f. Tree retention standards shall be ap- plied to the net developable area. Land within critical areas and their buffers, as well as public rights-of-way, shall be ex- cluded from the above calculation. If the number to be retained includes a fraction of a tree, any amount equal to or greater than one-half (1/2) tree shall be rounded up. 2. Plan Required: When a land develop- ment permit, as defined in RMC 4-8-120D12, is submitted to the City it shall be accompa- nied by a tree removal and land clearing plan. 3. Applicability, Performance Standards and Alternates: All land clearing and tree re- moval activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the poli- cies of this Section. All land clearing and tree removal activities may be conditioned to en- sure that the standards, criteria, and purpose of this Section are met. 4. General Review Criteria: All land clear- ing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet the fol- lowing criteria: a. The land clearing and tree removal will not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefac- tion. b. The land clearing and tree removal will not create or contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. c. Land clearing and tree removal will be conducted to maintain or provide vi- sual screening and buffering between 4-4-130H (Revised 3/13)4 - 92 land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. d. Land clearing and tree removal shall be conducted so as to expose the small- est practical area of soil to erosion for the least possible time, consistent with an approved build-out schedule and includ- ing any necessary erosion control mea- sures. e. Land clearing and tree removal shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Ar- eas Regulations. f. Retained trees will not create or con- tribute to a hazardous condition as the re- sult of blowdown, insect or pest infestation, disease, or other problems that may be created as a result of selec- tively removing trees and other vegeta- tion from a lot. g. Land clearing and tree removal shall be conducted to maximize the preserva- tion of any tree in good health that is an outstanding specimen because of its size, form, shape, age, color, rarity, or other distinction as a community land- mark. 5. Timing: The City may restrict the timing of the land clearing and tree removal activi- ties to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protec- tion of the environment. 6. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050, Critical Areas Regulations. 7. Tree/Ground Cover Retention: The fol- lowing measures may be used in conditioning a land development permit or building permit proposal, to comply with the general review criteria of subsection H4 of this Section: a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. Modification of the tree retention and land clearing plan, or the associated land development per- mits, may be required to ensure the re- tention of the maximum number of trees. b. The applicant may be required to re- place trees, provide interim erosion con- trol, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. d. Except in critical areas or their buff- ers, unless enhancement activities are being performed, the removal of trees on the following list should be allowed in or- der to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cot- tonwood (Populus trichocarpa), quaking aspen (Populus tremu- loides), lombardy poplar (Populus ni- gra “Italica”), etc. ii. All Alnus species which includes red alder (Alnus oregona), black al- der (Alnus glutinosa), white alder (Al- nus rhombifolia), etc. iii. Salix species which includes weeping willow (Salix babylonica), etc. iv. All Platanus species which in- clude London plane tree (Platanus acerifolia), American sycamore, but- tonwood (Platanus occidentalis), etc. (Ord. 5676, 12-3-2012) 8. Protection Measures During Con- struction: Protection measures in this sub- section shall apply for all trees that are to be retained in areas subject to construction. All of the following tree protection measures shall apply: a. Construction Storage Prohibited: The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious sur- 4-4-130J 4 - 93 (Revised 3/13) faces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. b. Fenced Protection Area Required: The applicant shall erect and maintain six foot (6') high chain link temporary con- struction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO TRES- PASSING – Protected Trees” or on each side of the fencing if less than fifty feet (50'). Site access to individually pro- tected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are mov- ing near trees. c. Protection from Grade Changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree’s drip line. d. Impervious Surfaces Prohibited Within the Drip Line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. e. Restrictions on Grading Within the Drip Lines of Retained Trees: The grade level around any tree to be re- tained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, or (ii) an area around the tree equal to one and one-half feet (1-1/2') in diameter for each one inch (1") of tree caliper. A larger tree protection zone based on tree size, spe- cies, soil, or other conditions may be re- quired. (Ord. 5676, 12-3-2012) f. Mulch Layer Required: All areas within the required fencing shall be cov- ered completely and evenly with a mini- mum of three inches (3") of bark mulch prior to installation of the protective fenc- ing. Exceptions may be approved if the mulch will adversely affect protected ground cover plants. (Ord. 5676, 12-3-2012) g. Monitoring Required During Con- struction: The applicant shall retain a professional arborist or other qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. h. Alternative Protection: Alternative safeguards may be used if determined to provide equal or greater tree protection. (Ord. 5676, 12-3-2012) 9. Maintenance: a. All retained trees, including protected trees, shall be maintained for at least five (5) years from the date of the final land development permit issued for the project; b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure; c. With the exception of dead, dis- eased, or damaged trees specifically re- tained to provide wildlife habitat, dangerous trees, as defined in RMC 4-11-200, or stolen trees shall be re- placed within three (3) months or during the next planting season if the loss does not occur in a planting season. I. VARIANCE PROCEDURES: The Administrator shall have the authority to grant variances from the provisions of this Sec- tion pursuant to RMC 4-8-070D and the decision criteria in RMC 4-9-250 when no other permit or approval requires Hearing Examiner review. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012) J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, dam- aged or destroyed will constitute a separate violation, and the monetary penalty for each violation shall be no less than the minimum 4-4-140A (Revised 3/13)4 - 94 penalty, and no greater than the maximum penalty of RMC 1-3-2E. 2. Additional Liability for Damage: In ad- dition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may re- quire replacement of all improperly removed ground cover with species similar to those which were removed or other approved spe- cies such that the biological and habitat val- ues will be replaced. Restoration shall include installation and maintenance of in- terim and emergency erosion control mea- sures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of, or without, an approved tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or up to eighteen (18) caliper inches of trees of the same spe- cies in the immediate vicinity of the tree(s) that was/were removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s), and at a minimum of two inches (2") in caliper. 5. Stop Work: For any parcel on which trees and/or ground cover are improperly re- moved and subject to penalties under this Section, the City shall stop work on any exist- ing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Sec- tion and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 4851, 8-27-2000; Ord. 4963, 5-13-2002; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005; Ord. 5304, 9-17-2007) 4-4-140 WIRELESS COMMUNICATION FACILITIES: A. PURPOSE: The purpose of this Section is to establish general guidelines for the siting of wireless communica- tions facilities, including towers and antennas. B. GOALS: 1. For Commercial Wireless Facilities: a. Encourage the location of towers in nonresidential areas and minimize the to- tal number of towers throughout the com- munity; b. Encourage strongly the joint use of new and existing tower sites; c. Encourage users of towers and an- tennas to locate them, to the extent pos- sible, in areas where the adverse impact on the community is minimal; d. Encourage users of towers and an- tennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and e. Enhance the ability of the providers of telecommunications services to pro- vide such services to the community quickly, effectively, and efficiently. 2. For Amateur Radio Antennas: The goals of this Section are to ensure the inter- ests of neighboring property owners are con- sidered while reasonably accommodating amateur radio communications so as to com- ply with applicable Federal law. These regu- lations are not intended to preclude amateur radio communications. (Ord. 5675, 12-3-2012) C. EXEMPTION: 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. (Ord. 5675, 12-3-2012) D. ADMINISTERING AND ENFORCING AUTHORITY: The Community and Economic Development Ad- ministrator is responsible for the general adminis- tration and coordination of this Section. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4-4-140F 4 - 95 (Revised 3/13) E. COMPLIANCE WITH TELECOMMUNICATIONS ACT OF 1996 REQUIRED FOR COMMERCIAL APPLICANTS: The Federal Telecommunications Act of 1996 re- quires the City to comply with the following condi- tions: 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 pe- riod of time on requests for permission to place or construct wireless telecommunica- tions facilities. 4. A decision by the City denying a request for permission to install or construct wireless telecommunications facilities must be in writ- ing and must be based on evidence in a writ- ten 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. (Ord. 5675, 12-3-2012) F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES: 1. Equipment Shelters or Cabinets: a. Location: Accessory equipment fa- cilities used to house wireless communi- cation equipment and associated cabling should be located within buildings or placed underground when possible. However, in those cases where it can be demonstrated by the applicant that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened and/or land- scaped to the satisfaction of the Adminis- trator. b. Landscaping and Screening: Landscaping, for accessory equipment located on private property, shall include a minimum fifteen foot (15') sight obscur- ing landscape buffer around the acces- sory equipment facility. Accessory equipment facilities located on the roof of any building need not be landscaped but shall be enclosed so as to be shielded from view. Accessory equipment located on public right-of-way shall be screened and/or landscaped as determined by the Administrator through the conditional use permit process. Accessory equipment fa- cilities may not be enclosed with exposed metal surfaces. c. Size: The applicant must provide documentation that the size of any ac- cessory equipment is the minimum possi- ble necessary to meet the provider’s service needs. (Ord. 5676, 12-3-2012) 2. Visual Impact: Site location and devel- opment shall preserve the pre-existing char- acter of the surrounding buildings and land uses and the zone district to the extent con- sistent with the function of the communica- tions equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing char- acteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area. 3. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty-five (45) dB as measured from the nearest property line on which the attached wireless communication facility is lo- cated. Operation of a back-up power genera- tor in the event of power failure or the testing of a back-up generator between eight o’clock (8:00) a.m. and nine o’clock (9:00) p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m. 4-4-140G (Revised 3/13)4 - 96 4. Fencing: Security fencing, if used, shall be painted or coated with nonreflective color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences and Hedges. 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 distur- bance 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 bound- aries of the site. (Ord. 5675, 12-3-2012) 6. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicu- lar traffic on any abutting roadway shall be placed on or affixed to any part of a telecom- munications tower, antenna array or antenna, other than as required by FCC regulations re- garding tower registration or other applicable law. Antenna arrays may be located on previ- ously approved signs or billboards without al- teration of the existing advertising or sign. (Ord. 5676, 12-3-2012) 7. Building Standards: Wireless commu- nication support structures shall be con- structed so as to meet or exceed the most recent Electronic Industries Association/Tele- communications Industries Association (EIA/ TIA) 222 Revision G Standard entitled: “Structural Standards for Steel Antenna Tow- ers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Prior to issuance of a building per- mit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards. (Ord. 5675, 12-3-2012) 8. Radio Frequency Standards: The ap- plicant shall ensure that the wireless commu- nication facility (WCF) will not cause localized interference with the reception of area televi- sion or radio broadcasts. If on review the City finds that the WCF interferes with such recep- tion, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify a building and/or conditional use permit. (Ord. 5675, 12-3-2012) 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 of the Development Services Division and shall be as small and unobtrusive as is prac- ticable. (Ord. 5241, 11-27-2006; Ord. 5675, 12-3-2012) G. STANDARDS FOR SPECIFIC TYPES OF WIRELESS FACILITIES: For definitions of specific types of wireless com- munication facilities, see RMC 4-11-230, as it ex- ists or may be amended. Development standards for specific types of wireless communication facil- ities, except for nonexempt amateur radio anten- nas which will have height and other applicable standards determined through Conditional Use Permit process, shall be as follows: (Ord. 5675, 12-3-2012) 4-4-140G 4 - 97 (Revised 3/13) ST A N D A R D S F O R S P E C I F I C T Y P E S O F WI R E L E S S C O M M U N I C A T I O N F A C I L I T I E S In a d d i t i o n t o i n d i v i d u a l z o n e r e q u i r e m e n t s u n l e s s o t h e r w i s e s p e c i f i e d b e l o w MI C R O FA C I L I T Y MI N I FA C I L I T Y MA C R O FA C I L I T Y MO N O P O L E I MO N O P O L E I I LA T T I C E TO W E R S Lo c a t i o n o n Bu i l d i n g s A M i c r o F a c i l i t y s h a l l b e lo c a t e d o n e x i s t i n g b u i l d - in g s , p o l e s o r o t h e r e x i s t - in g s u p p o r t s t r u c t u r e s . A Mi c r o F a c i l i t y m a y l o c a t e on b u i l d i n g s a n d s t r u c - tu r e s ; p r o v i d e d , t h a t t h e in t e r i o r w a l l o r c e i l i n g im m e d i a t e l y a b u t t i n g t h e fa c i l i t y i s n o t d e s i g n a t e d re s i d e n t i a l s p a c e . A M i n i F a c i l i t y m a y be l o c a t e d o n b u i l d - in g s a n d s t r u c t u r e s pr o v i d e d t h a t t h e im m e d i a t e i n t e r i o r wa l l o r c e i l i n g a b u t - ti n g t h e f a c i l i t y i s n o t a d e s i g n a t e d r e s i - de n t i a l s p a c e . A M a c r o F a c i l i t y m a y be l o c a t e d o n b u i l d - in g s a n d s t r u c t u r e s pr o v i d e d t h a t t h e im m e d i a t e i n t e r i o r wa l l o r c e i l i n g t o t h e fa c i l i t y i s n o t a d e s i g - na t e d r e s i d e n t i a l sp a c e . NA N A N A Ma x i m u m H e i g h t an d A r e a Al l w i r e l e s s c o m m u n i c a - ti o n f a c i l i t i e s a n d a t t a c h e d wi r e l e s s c o m m u n i c a t i o n fa c i l i t i e s m u s t c o m p l y w i t h th e A i r p o r t z o n i n g r e g u l a - ti o n s , a s l i s t e d i n R M C 4- 3 - 0 2 0 . Mi c r o F a c i l i t i e s s h a l l c o m - pl y w i t h t h e h e i g h t l i m i t a - ti o n s p e c i f i e d f o r a l l z o n e s ex c e p t a s f o l l o w s : M i c r o Fa c i l i t i e s m a y e x c e e d t h e he i g h t l i m i t a t i o n b y 6 f e e t , or i n t h e c a s e o f e x i s t i n g st r u c t u r e s t h e a n t e n n a s ma y e x t e n d 6 f e e t a b o v e th e e x i s t i n g s t r u c t u r e . Pl a c e m e n t o f a n a n t e n n a on a n o n c o n f o r m i n g s t r u c - tu r e s h a l l n o t b e c o n s i d - er e d t o b e a n e x p a n s i o n of t h e n o n c o n f o r m i n g st r u c t u r e . Al l w i r e l e s s c o m m u - ni c a t i o n f a c i l i t i e s a n d at t a c h e d w i r e l e s s co m m u n i c a t i o n f a c i l i - ti e s m u s t c o m p l y w i t h th e A i r p o r t z o n i n g re g u l a t i o n s , a s l i s t e d in R M C 4 - 3 - 0 2 0 . Mi n i F a c i l i t i e s s h a l l co m p l y w i t h t h e he i g h t l i m i t a t i o n sp e c i f i e d f o r a l l zo n e s e x c e p t a s f o l - lo w s : M i n i F a c i l i t i e s ma y e x c e e d t h e he i g h t l i m i t a t i o n b y 10 f e e t , o r i n t h e c a s e of e x i s t i n g s t r u c t u r e s th e a n t e n n a s m a y ex t e n d 1 0 f e e t a b o v e th e e x i s t i n g s t r u c t u r e . Al l w i r e l e s s c o m m u - ni c a t i o n f a c i l i t i e s a n d at t a c h e d w i r e l e s s co m m u n i c a t i o n f a c i l i - ti e s m u s t c o m p l y w i t h th e A i r p o r t z o n i n g re g u l a t i o n s , a s l i s t e d in R M C 4 - 3 - 0 2 0 . Ma c r o F a c i l i t i e s s h a l l co m p l y w i t h t h e he i g h t l i m i t a t i o n sp e c i f i e d f o r a l l zo n e s e x c e p t a s f o l - lo w s : M a c r o F a c i l i t i e s ma y e x c e e d t h e he i g h t l i m i t a t i o n b y 16 f e e t , o r i n t h e c a s e of e x i s t i n g s t r u c t u r e s th e a n t e n n a s m a y ex t e n d 1 6 f e e t a b o v e th e e x i s t i n g s t r u c - tu r e s . Al l w i r e l e s s c o m - mu n i c a t i o n f a c i l i - ti e s a n d a t t a c h e d wi r e l e s s c o m m u n i - ca t i o n f a c i l i t i e s mu s t c o m p l y w i t h th e A i r p o r t z o n i n g re g u l a t i o n s , a s li s t e d i n R M C 4- 3 - 0 2 0 . Mo n o p o l e I F a c i l i t y Ma x i m u m H e i g h t : Le s s t h a n 6 0 f e e t fo r a l l z o n e s . Ma c r o F a c i l i t i e s a r e th e l a r g e s t a t t a c h e d co m m u n i c a t i o n fa c i l i t i e s a l l o w e d o n a M o n o p o l e I F a c i l - it y . Al l w i r e l e s s c o m - mu n i c a t i o n f a c i l i t i e s an d a t t a c h e d w i r e - le s s c o m m u n i c a - ti o n f a c i l i t i e s m u s t co m p l y w i t h t h e A i r - po r t z o n i n g r e g u l a - ti o n s , a s l i s t e d i n RM C 4 - 3 - 0 2 0 . Mo n o p o l e I I F a c i l i t y Ma x i m u m H e i g h t : 35 f e e t h i g h e r t h a n th e r e g u l a r p e r m i t - te d m a x i m u m he i g h t f o r t h e a p p l i - ca b l e z o n i n g d i s - tr i c t , o r 1 5 0 f e e t , wh i c h e v e r i s l e s s . Al l w i r e l e s s c o m m u - ni c a t i o n f a c i l i t i e s an d a t t a c h e d w i r e - le s s c o m m u n i c a t i o n fa c i l i t i e s m u s t c o m - pl y w i t h t h e A i r p o r t zo n i n g r e g u l a t i o n s , as l i s t e d i n R M C 4- 3 - 0 2 0 . La t t i c e T o w e r F a c i l - it y M a x i m u m H e i g h t : 35 f e e t h i g h e r t h a n th e r e g u l a r p e r m i t - te d m a x i m u m h e i g h t fo r t h e a p p l i c a b l e zo n i n g d i s t r i c t , o r 15 0 f e e t , w h i c h e v e r is l e s s . 4-4-140G (Revised 3/13)4 - 98 Ma x i m u m H e i g h t an d A r e a (C o n t i n u e d ) Se e a b o v e . P l a c e m e n t o f a n an t e n n a o n a n o n - co n f o r m i n g s t r u c t u r e sh a l l n o t b e c o n s i d - er e d t o b e a n e x p a n - si o n o f t h e n o n c o n - fo r m i n g s t r u c t u r e . Pl a c e m e n t o f a n an t e n n a o n a n o n - co n f o r m i n g s t r u c t u r e sh a l l n o t b e c o n s i d - er e d t o b e a n e x p a n - si o n o f t h e n o n c o n - fo r m i n g s t r u c t u r e . An t e n n a s e q u a l t o or l e s s t h a n 4 in c h e s i n d i a m e t e r ma y b e a c o m p o - ne n t o f a M o n o p o l e I F a c i l i t y . Ma c r o F a c i l i t i e s a r e th e l a r g e s t p e r m i t - te d a t t a c h e d w i r e - le s s c o m m u n i c a - ti o n f a c i l i t i e s al l o w e d o n a M o n o - po l e I I f a c i l i t y . An t e n n a / S t r u c t u r e He i g h t : A n t e n n a s th a t e x t e n d a b o v e th e M o n o p o l e I I wi r e l e s s c o m m u n i - ca t i o n s s u p p o r t st r u c t u r e s h a l l n o t be c a l c u l a t e d a s pa r t o f t h e h e i g h t o f th e w i r e l e s s c o m - mu n i c a t i o n s s u p - po r t s t r u c t u r e . Ma c r o F a c i l i t i e s a r e th e l a r g e s t p e r m i t t e d at t a c h e d w i r e l e s s co m m u n i c a t i o n f a c i l - it i e s a l l o w e d o n a La t t i c e T o w e r . An t e n n a / S t r u c t u r e He i g h t : A n t e n n a s th a t e x t e n d a b o v e th e L a t t i c e T o w e r wi r e l e s s c o m m u n i - ca t i o n s s u p p o r t st r u c t u r e s h a l l n o t be c a l c u l a t e d a s p a r t of t h e h e i g h t o f t h e wi r e l e s s c o m m u n i - ca t i o n s s u p p o r t st r u c t u r e . Ma x i m u m An t e n n a P r o j e c - ti o n A b o v e S u p - po r t S t r u c t u r e , Mo n o p o l e , T o w e r or B u i l d i n g 6 f e e t . 1 0 f e e t . 1 6 f e e t . 1 6 f e e t . 1 6 f e e t . 1 6 f e e t . Co l o r Sh a l l b e s a m e c o l o r a s t h e bu i l d i n g , p o l e o r s u p p o r t st r u c t u r e o n w h i c h i t i s pr o p o s e d t o b e l o c a t e d . Sh a l l b e s a m e c o l o r as t h e b u i l d i n g , p o l e or s u p p o r t s t r u c t u r e on w h i c h i t i s p r o - po s e d t o b e l o c a t e d . Sh a l l b e s a m e c o l o r as t h e b u i l d i n g , p o l e or s u p p o r t s t r u c t u r e on w h i c h i t i s p r o - po s e d t o b e l o c a t e d . NA N A N A MI C R O FA C I L I T Y MI N I FA C I L I T Y MA C R O FA C I L I T Y MO N O P O L E I MO N O P O L E I I LA T T I C E TO W E R S 4-4-140G 4 - 99 (Revised 3/13) (O r d . 5 2 4 1 , 1 1 - 2 7 - 2 0 0 6 ; O r d . 5 6 7 6 , 1 2 - 3 - 2 0 1 2 ) La n d s c a p i n g an d S c r e e n i n g NA N A N A S e e s u b s e c t i o n F o f th i s S e c t i o n , S t a n - da r d s . A m i n i m u m l a n d - sc a p i n g a r e a o f 1 5 fe e t s h a l l b e re q u i r e d s u r r o u n d - in g t h e f a c i l i t y , o r eq u i v a l e n t s c r e e n - in g a s a p p r o v e d b y th e A d m i n i s t r a t o r . La n d s c a p i n g s h a l l in c l u d e t r e e s , sh r u b s a n d g r o u n d co v e r . T h e r e q u i r e d la n d s c a p e d a r e a s sh a l l i n c l u d e a n au t o m a t e d i r r i g a - ti o n s y s t e m . Se e s u b s e c t i o n F o f th i s S e c t i o n , S t a n - da r d s . A m i n i m u m l a n d - sc a p i n g a r e a o f 1 5 fe e t s h a l l b e re q u i r e d s u r r o u n d - in g t h e f a c i l i t y , o r eq u i v a l e n t s c r e e n - in g a s a p p r o v e d b y th e A d m i n i s t r a t o r . La n d s c a p i n g s h a l l in c l u d e t r e e s , sh r u b s a n d g r o u n d co v e r . T h e r e q u i r e d la n d s c a p e d a r e a s sh a l l i n c l u d e a n au t o m a t e d i r r i g a - ti o n s y s t e m . Se e s u b s e c t i o n F o f th i s S e c t i o n , S t a n - da r d s . A m i n i m u m l a n d - sc a p i n g a r e a o f 1 5 fe e t s h a l l b e re q u i r e d s u r r o u n d - in g t h e f a c i l i t y , o r eq u i v a l e n t s c r e e n - in g a s a p p r o v e d b y th e A d m i n i s t r a t o r . La n d s c a p i n g s h a l l in c l u d e t r e e s , sh r u b s a n d g r o u n d co v e r . T h e r e q u i r e d la n d s c a p e d a r e a s sh a l l i n c l u d e a n au t o m a t e d i r r i g a t i o n sy s t e m . MI C R O FA C I L I T Y MI N I FA C I L I T Y MA C R O FA C I L I T Y MO N O P O L E I MO N O P O L E I I LA T T I C E TO W E R S 4-4-140H (Revised 3/13)4 - 100 H. AIRPORT RESTRICTIONS – NOTICE TO FAA: A Notice of Proposed Construction shall be sub- mitted to the FAA a minimum of thirty (30) days prior to the issuance of any building permit for any wireless communication support structure or at- tached wireless communication facilities. 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 re- ported immediately by the service provider to the Administrator. Discontinued facilities shall be de- commissioned 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 demon- strated by the facility owner. (Ord. 5675, 12-3-2012) J. COLLOCATION REQUIRED: 1. Evaluation of Existing Commercial Support Structures: No new wireless com- munications support structure shall be per- mitted 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 accom- modate the applicant’s proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area re- quired to meet applicant’s engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant’s en- gineering requirements. c. Existing towers or structures do not have sufficient structural strength to sup- port applicant’s proposed antenna and related equipment. d. The applicant’s proposed antenna would cause electromagnetic interfer- ence 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. e. The fees, costs, or contractual provi- sions 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 exceed- ing new tower development are pre- sumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuit- able. 2. Cooperation of Commercial Appli- cants in Collocation Efforts: A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings pro- vided said proposed collocators have re- ceived 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 capa- bilities as opposed to a competitive conflict or financial burden). Such good faith shall in- clude sharing technical information to evalu- ate 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 tech- nical 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. (Ord. 5675, 12-3-2012) 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, mainte- nance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the main- 4-4-150 4 - 101 (Revised 3/13) tenance 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 fre- quency 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. 3. Notice to City of Change of Operation of Facility: The applicant shall notify the De- partment of all changes in operation of the fa- cility within sixty (60) calendar days of the change. (Ord. 4666, 6-2-1997, Amd. Ord. 4689, 11-24-1997; Ord. 5675, 12-3-2012) L. ALTERNATES, MODIFICATIONS, VARIANCES: See RMC 4-9-250. M. APPEALS: See RMC 4-8-110. (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002) 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are subject to RMC 1-3-2. (Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5603, 6-6-2011) 5 - i (Revised 8/14) Chapter 5 BUILDING AND FIRE PREVENTION STANDARDS CHAPTER GUIDE: Chapter 4-5 RMC provides structural and design information typically required by architects, engineers, and contractors. These regulations primarily consist of the adoption and amend- ment of Uniform Codes for building, mechanical, plumbing, electrical, fire protection, and others. Re- lated permit processes (e.g., occupancy permits, etc.) are located in chapters 4-8 and 4-9 RMC. Fee- related information is located in chapter 4-1 RMC. This Chapter last amended by Ord. 5712, April 14, 2014. SECTION PAGE NUMBER NUMBER 4-5-010 ADOPTION OF STATE, NATIONAL, UNIFORM, AND INTERNATIONAL CODES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Adoption by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-5-020 AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Building Official Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Record of Plats Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Fire Department Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Bureau of Fire Prevention Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Appointment of Fire Marshal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Report Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. Appointment of Inspectors by Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.City Clerk Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4-5-030 MANUFACTURED/MOBILE HOME AND PARK INSTALLATION . . . . . . . . 2 A.Construction of Manufactured or Mobile Home Parks – Permits Required . . . . 2 B.Individual Mobile/Manufactured Home Installation . . . . . . . . . . . . . . . . . . . . . . 2 1. Installation Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Installation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Insignia Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-5-040 RENTON ELECTRICAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4-5-050 INTERNATIONAL BUILDING CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C.City Amendments to the International Building Code . . . . . . . . . . . . . . . . . . . . 3 1. Standpipe Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Dry Standpipes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Elevator Car Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Electrical Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D.City Amendments to the IBC Relating to Sprinkler Requirements . . . . . . . . . . 4 E.Repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4-5-051 WASHINGTON STATE ENERGY CODE ADOPTED . . . . . . . . . . . . . . . . . .9 4-5-055 INTERNATIONAL RESIDENTIAL CODE ADOPTED . . . . . . . . . . . . . . . . . . . 9 4-5-060 CONSTRUCTION ADMINISTRATIVE CODE . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. Section 101 – General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION PAGE NUMBER NUMBER (Revised 8/14)5 - ii B. Section 102 – Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. Section 103 – Enforcement Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 D. Section 104 – Organization and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 E. Section 105 – Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 F. Section 106 – Floor and Roof Design Loads . . . . . . . . . . . . . . . . . . . . . . . . . 18.7 G. Section 107 – Submittal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.7 H. Section 108 – Temporary Structures and Uses . . . . . . . . . . . . . . . . . . . . . . 18.12 I. Section 109 – Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.13 J. Section 110 – Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.14 K. Section 111 – Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.20 L. Section 112 – Service Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 M. Section 113 – Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.21 N. Section 114 – Notices and Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.22 O. Section 115 – Unsafe Structures and Equipment . . . . . . . . . . . . . . . . . . . . . 18.22 P. Section 116 – Emergency Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.23 Q. Section 117 – Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.24 R. Section 118 – Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.24 4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 B.Adoption of Fire Code and Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.25 C.Amendments, Additions, and Deletions to the Fire Code . . . . . . . . . . . . . . 18.25 D.Fire Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.53 1. Required for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.53 a. Plans Required Prior to Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.53 b. Installation Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.53 c. Upgrade of Existing Hydrants Required . . . . . . . . . . . . . . . . . . . . . 18.53 2. Fire Hydrant Requirements in Commercial, Business, Industrial and Manufacturing Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 a. Installation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 b. Number and Location of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 c. Applicability to Annexed Properties . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 3. Fire Hydrants in Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 4. Fire Hydrants; Special Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 5. Multiple Uses – Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.54 6. Fire Flow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 a. Basis for and Computation of Fire Flow Requirement . . . . . . . . . . . 18.55 b. Unknown Fire Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 7. Residential Sprinkling Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 8. Number of Hydrants Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 9. Location of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 a. Minimum Distances from Structures . . . . . . . . . . . . . . . . . . . . . . . . 18.55 10. Hydrant Accessibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 a. Fire Marshal Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 11. Design and Installation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 18.55 12. Special Requirements for Buildings More Than Two Hundred Feet (200') from a Street Property Line . . . . . . . . . . . . . . . . . . . . . . . . . 18.56 SECTION PAGE NUMBER NUMBER 5 - iii (Revised 8/14) 13. Water System Requirements for Hydrants . . . . . . . . . . . . . . . . . . . . . . 18.57 14. Service and Testing of Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 15. Prohibited Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 16. Dead End Mains Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 17. Meter or Detection Required for Private Water or Fire Service . . . . . . . 18.57 18. Use for Other Than Fire Protection Prohibited . . . . . . . . . . . . . . . . . . . 18.57 19. Changes Requiring Increased Fire Protection . . . . . . . . . . . . . . . . . . . . 18.57 20. Violation of This Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . 18.57 4-5-080 (Deleted by Ord. 5549, 8-9-2010 and Ord. 5555, 10-11-2010). . . . . . . . . .18.57 4-5-090 INTERNATIONAL MECHANICAL CODE ADOPTED . . . . . . . . . . . . . . . . 18.57 4-5-100 NATIONAL FUEL GAS CODE ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 4-5-110 UNIFORM PLUMBING CODE ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.58 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 B.Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.58 C.Compliance with Fire Code Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 D.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 E.Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 F.Fire Chief and Fire Department Authority and Responsibility . . . . . . . . . . . . . 20 G.Definitions of Terms Used in This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 H.New Underground Storage Facilities and Monitoring Standards . . . . . . . . . . 21 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Standards for New Underground Storage Facilities . . . . . . . . . . . . . . . . . 22 3. Design Standards for New Primary Containers and Double-Walled Underground Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4. Standards for Secondary Containers Including Leak Interception and Detection Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. Monitoring Standards for New Underground Storage Facilities . . . . . . . . 27 6. Response Plan for New Underground Storage Facilities . . . . . . . . . . . . . 27 a. Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 b. Plan Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 I.Existing Installations and Monitoring Standards . . . . . . . . . . . . . . . . . . . . . . . 27 1. Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Leaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Monitoring Standards for Existing Underground Storage Facilities . . . . . . 28 a. Monitoring System Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 b. Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 c. Fire Department Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . 28 d. Monitoring System Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 e. Annual Certification of Monitoring System . . . . . . . . . . . . . . . . . . . . . . 28 4. System Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5. Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Failure to Monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 J.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 SECTION PAGE NUMBER NUMBER (Revised 8/14)5 - iv 3. Abandonment Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Closure Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Permit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Notification of Changes or Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Monitoring Records Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 7. Permit Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 8. Transfer of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9. Inspection Required for Permit Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10. Implementation of Inspection Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 K.Release Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1. Reporting Required for All Unauthorized Releases . . . . . . . . . . . . . . . . . . . 30 a. Releases to Secondary Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 b. All Other Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2. Unauthorized Releases Requiring Recording . . . . . . . . . . . . . . . . . . . . . . . 31 a. Definition of Release Requiring Recording . . . . . . . . . . . . . . . . . . . . . . 31 b. Time for Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 c. Content of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 d. Review and Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 e. Revocation of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 f. Causes of Container Deterioration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 g. Reportable or Recordable Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 3. Unauthorized Release Requiring Reporting . . . . . . . . . . . . . . . . . . . . . . . . 31 a. Time for Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 b. Time for and Content of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4. Subsequent Cleanup Reports Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 L.Closure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1. Closure Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 a. Compliance with Fire Code Required . . . . . . . . . . . . . . . . . . . . . . . . . . 32 b. Closure Proposal Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 c. Department of Ecology Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4. Temporary Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 b. Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 c. Standards and Requirements for Temporary Closure . . . . . . . . . . . . . . 33 d. Modification of Monitoring Requirements . . . . . . . . . . . . . . . . . . . . . . . 33 e. Inspection Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 f. Closure Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5. Permanent Closure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 b. Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 c. Standards and Requirements for Removal of Tanks . . . . . . . . . . . . . . 33 d. Standards and Requirements for Abandoning Tank in Place . . . . . . . . 34 e. Demonstration to Fire Code Official . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 M.Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 SECTION PAGE NUMBER NUMBER 5 - v (Revised 8/14) 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE . . . . . . . . . . . . . . . . 35 A.International Property Maintenance Code Adopted . . . . . . . . . . . . . . . . . . 35 B.Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 C.Copy on File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4-5-140 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4-5-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . 38 4-5-020C 5 - 1 (Revised 8/14) 4-5-010 ADOPTION OF STATE, NATIONAL, UNIFORM, AND INTERNATIONAL CODES: (Amd. Ord. 5085, 6-21-2004; Ord. 5297, 7-2-2007) A. ADOPTION BY REFERENCE: By the reference thereto made herein, said Codes, together with any and all amendments, modifications or additions thereto hereafter printed and filed with the City Clerk as herein specified, are incorporated in and made a part of this Chapter as fully and with the same effect as if set out herein in full, or as if adopted by subse- quent amendments. (Ord. 3214, 4-10-1978, eff. 4-19-1978) B. AMENDMENTS: Any and all amendments, additions or modifica- tions to said Codes, when printed and filed with the City Clerk of the City of Renton by authoriza- tion of the City Council from time to time, shall be considered and accepted and constitute a part of such Codes without the necessity of further adop- tion of such amendments, modifications or addi- tions by the legislative authority of the City of Renton or by ordinance. 4-5-020 AUTHORITY: A. BUILDING OFFICIAL DUTY: Whenever the term “administrative authority” is used in this Chapter, it shall be construed to mean the Building Official of the City of Renton, or his duly authorized representative or agent. It shall be the duty of the Building Inspector (or Official) in charge of issuing building permits and inspec- tion of buildings to see that this Chapter is en- forced through the proper legal channels. He shall issue no permit for the construction or alter- ation of any building or part thereof unless the plans, specifications and intended use of such building conform in all respects with the provi- sions of this Chapter. 1. Record of Plats Required: All specifica- tions for building permits shall be accompa- nied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, the use and location of existing buildings and buildings to be erected, and such other information as may be neces- sary to provide for the enforcement of this Chapter. A careful record of such application and plats shall be kept in the office of the Building Official or proper enforcement offi- cial. (Ord. 1472, 12-18-1953; Amd. Ord. 3101, 1-17-1977; Amd. Ord. 3214, 4-10-1978) B. FIRE DEPARTMENT DUTY: 1. Bureau of Fire Prevention Estab- lished: The Uniform Fire Code shall be en- forced by the Bureau of Fire Prevention in the Fire Department of the City which shall be op- erated under the supervision of the Chief of the Fire Department. 2. Appointment of Fire Marshal: The Fire Marshal in charge of the Bureau of Fire Pre- vention shall be appointed by the Fire Chief of the City. His appointment shall continue during good behavior and satisfactory ser- vice. 3. Report Required: A report of the Bureau of Fire Prevention shall be made at least an- nually and transmitted to the Mayor and City Council of the City. This report shall contain, among others, all proceedings under this Code, with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the Code, which in his judgment shall be necessary. 4. Appointment of Inspectors by Fire Chief: The Chief of the Fire Department may appoint such members of the Fire Depart- ment as inspectors as shall from time to time be necessary in order to carry out and en- force the terms and conditions of the Fire Code. (Ord. 4547, 7-24-1995) C. CITY CLERK DUTY: The City Clerk is hereby authorized and directed to duly authenticate and record a copy of the Uni- form and other Codes adopted under this Chap- ter, together with any amendments or additions thereto, together with an authenticated copy of this Chapter and made available for examination by the public. (Ord. 3214, 4-10-1978) 4-5-030A (Revised 8/14)5 - 2 4-5-030 MANUFACTURED/MOBILE HOME AND PARK INSTALLATION: A. CONSTRUCTION OF MANUFACTURED OR MOBILE HOME PARKS – PERMITS REQUIRED: In the construction of mobile home parks, the de- veloper shall obtain a building permit consistent with all applicable State, County and City codes for electrical, plumbing, sanitary sewer, storm sewer, fire, street, building and all other applica- ble codes. A building permit for a mobile home park shall include but is not necessarily limited to the site, its grading and preparation, private utili- ties and services, private on-site streets, drive- ways, walkways and landscaping, the dimensions of the individual mobile home sites and the design and construction of the individual mobile home pads and their utility connections. Public utilities and on- or off-site public street improvements as defined in subdivision regulations and public or private sewer, water and storm drainage systems will require a permit from the Development Ser- vices Division. (Ord. 3746, 9-19-1983) B. INDIVIDUAL MOBILE/ MANUFACTURED HOME INSTALLATION: 1. Installation Permit Required: An instal- lation permit from the Development Services Division shall be required for installation of each manufactured/mobile home and to con- nect to utilities. An installation permit shall not be issued for the location of any mobile home unless the mobile home park has been is- sued an occupancy certificate and a license from the Building Official. 2. Installation Requirements: All mobile home installations shall comply with WAC 296-150B-200 et seq. entitled General Instal- lation Requirements for Mobile Homes. Set- backs, lot coverage and related requirements shall be completed and approved and issued prior to the occupation of each mobile home. 3. Insignia Required: Mobile homes con- structed after July 1, 1968 shall bear the in- signia of approval for plumbing, heating and electrical installation according to chapter 43.22 RCW. (Ord. 3746, 9-19-1983) 4-5-040 RENTON ELECTRICAL CODE: The June 22, 2009, Edition of The Washington Cities Electrical Code, Parts 1, 2 and 3, as pub- lished by the Washington Association of Building Officials, is hereby adopted by reference, and shall be known as the Renton Electrical Code. The City shall at all times keep on file with the City Clerk, for reference by the general public, not less than one copy of The Washington Cities Electrical Code. (Ord. 3217, 4-10-1978, eff. 4-19-1978; Ord. 4400, 5-3-1993; Ord. 4311, 4-15-1991; Ord. 4596, 4-8-1996; Ord. 4722, 5-11-1998; Ord. 5010, 5-19-2003; Ord. 5063, 2-23-2004; Ord. 5297, 7-2-2007; Ord. 5450, 3-2-2009; Ord. 5537, 5-17-2010) 4-5-050 INTERNATIONAL BUILDING CODE: A. ADOPTION: The 2012 Edition of the International Building Code (IBC) including the adoption of ICC/ANSI A117.1-2009, as adopted and amended by the State Building Code Council in chapter 51-50 WAC, as published by the International Code Council, excluding Chapter 1, Administration, is adopted by reference, together with the following amendments and additions. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IBC Chapter 1, Adminis- tration. Appendix E – Supplementary Accessibility Re- quirements of the 2012 Edition of the Interna- tional Building Code is also adopted by reference. The 2012 International Existing Building Code (IEBC) is included in the adoption of the Interna- tional Building Code as provided by IBC Section 3401.5 and amended in WAC 51-50-480000, ex- cluding Chapter 1, Part 2 – Administration. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IEBC Chapter 1, Part 2 – Administration. (Amd. Ord. 5297, 7-2-2007; Ord. 5554, 10-11-2010; Ord. 5709, 4-14-2014) B. APPLICABILITY: It shall be unlawful for any person, firm or corpo- ration to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or 4-5-050C 5 - 3 (Revised 8/14) structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. (Amd. Ord. 5297, 7-2-2007) C. CITY AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: 1. Standpipe Requirements: Section 905.3 of the International Building Code is amended to read as follows: a. 905.3.1, Height: Class III standpipe systems shall be installed throughout a building where the floor level of the high- est story is located more than twenty feet (20') above the lowest level of the fire de- partment vehicle access, or where the floor level of the lowest story is located more than twenty feet (20') below the highest level of fire department vehicle access. Exceptions: i. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in ac- cordance with Section 903.3.1.1 or 903.3.1.2. ii. Class I manual standpipes are al- lowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of fire department vehicle access. iii. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing tempera- tures, provided that the hose connec- tions are located as required for Class II standpipes in accordance with Section 905.5. iv. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. v. Group R-3 does not require standpipes. b. 905.3.8, High Rise Building Stand- pipes: Standpipe risers shall be combi- nation standpipe/sprinkler risers using a minimum pipe size of six inches (6"). Two two and one-half-inch (2-1/2") hose con- nections shall be provided on every inter- mediate floor level landing in every required stairway unless otherwise ap- proved by the fire code official. Where pressure reduction valves (PRV) are re- quired, each hose connection shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a min- imum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements con- tained in NFPA 14. 2. Dry Standpipes: Section 905.8 of the In- ternational Building Code is amended to read as follows: Dry standpipes when approved by the fire code official are acceptable in other than high-rise buildings. 3. Elevator Car Size: Section 3002.4 of the International Building Code is amended to read as follows: 3002.4 Elevator car to accommodate am- bulance stretcher. Where elevators are provided in buildings four (4) or more sto- ries above, or four (4) or more stories be- low, grade plane; or in any R-1, R-2, Group B medical care office; or I occu- pancy building provided with an elevator regardless of the number of stories, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accom- modate an ambulance stretcher forty inches (40”) by eighty-four inches (84”) (610 mm by 2,134 mm) with not less than five-inch (5”) (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3”) (76 mm) in height and shall be placed inside on both sides of the hoist- way door frame. 4. Electrical Power: Section 3008.9 of the International Building Code is amended to read as follows: 4-5-050D (Revised 8/14)5 - 4 3008.9 Electrical power. The following features serving each occupant evacua- tion elevator shall be supplied by both normal power and Type 60/Class 2/Level 1 standby power: • Elevator equipment. • Elevator hoistway lighting. • Elevator machine room ventila- tion and cooling. • Elevator controller cooling equip- ment. (Ord. 5554, 10-11-2010; Ord. 5709, 4-14-2014) D. CITY AMENDMENTS TO THE IBC RELATING TO SPRINKLER REQUIREMENTS: The following sections of Chapter 9 of the Interna- tional Building Code are amended to read as fol- lows: 1. Section 903.2, Where required. Ap- proved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this Section. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses within an aggregate area of all connected townhouses equaling five thousand (5,000) square feet or greater square feet must be sprinklered. Ad- ditions to existing buildings which would re- sult in a gross floor area greater than five thousand (5,000) square feet must be retrofit- ted with an automatic sprinkler system. Exceptions: a. One time additions to Group R-3 oc- cupancies of up to five hundred (500) square feet are permitted without compli- ance with this Section. b. One- and two-family dwellings and townhouses built in compliance with the International Residential Code and meet- ing fire flow and access requirements of the City of Renton. When not required by other provisions of this Chapter, a fire extinguishing system installed in accordance with NFPA 13 may be used for increases and substitu- tions allowed in Sections 504.2, 506.3 and Table 601. 2. Section 903.2.1.1, Group A-1. An auto- matic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; c. The fire area is located on a floor other than the level of exit discharge; or d. The fire area contains a multi theater complex. 3. Section 903.2.1.2, Group A-2. An auto- matic sprinkler system shall be provided for Group A-2 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of one hundred (100) or more; or c. The fire area is located on a floor other than a level of exit discharge serv- ing such occupancies. 4. Section 903.2.1.3, Group A-3. An auto- matic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; or c. The fire area is located on a floor other than a level of exit discharge serv- ing such occupancies. 5. Section 903.2.1.4, Group A-4. An auto- matic sprinkler system shall be provided for 4-5-050D 5 - 5 (Revised 8/14) Group A-4 occupancies where one (1) of the following conditions exists: a. The gross floor area exceeds five thousand (5,000) square feet; b. The fire area has an occupant load of three hundred (300) or more; or c. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 6. Section 903.2.1.5, Group A-5. An auto- matic sprinkler system shall be provided for Group A-5 occupancies in the following ar- eas: concession stands, retail areas, press boxes and other accessory use areas in ex- cess of one thousand (1,000) square feet. 7. Section 903.2.2, Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time: a. Four (4) or more care recipients are incapable of self-preservation. b. One (1) or more care recipients who are incapable of self-preservation are lo- cated at other than the level of exit dis- charge serving such an occupancy. 8. Section 903.2.2, Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: a. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. b. Throughout every portion of educa- tional buildings below the lowest level of exit discharge serving that portion of the building. Exception: Portable school classrooms, provided aggregate area of clusters of portable school classrooms does not exceed five thousand (5,000) square feet; and clus- ters of portable school classrooms shall be separated as required by the building code. 9. Section 903.2.4, Group B, F, and S Oc- cupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, or S occupancy with over five thousand (5,000) square feet of gross floor area. 10. Section 903.2.4.1, Woodworking Op- erations. An automatic sprinkler system shall be provided throughout all Group F-1 occu- pancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materi- als. 11. Section 903.2.5, Group H. Automatic sprinkler systems shall be provided in high- hazard occupancies as required in Sections 903.2.5.1 through 903.2.5.3. 12. Section 903.2.5.1, General. An auto- matic sprinkler system shall be installed in Group H occupancies. 13. Section 903.2.5.2, Group H-5 Occu- pancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that re- quired under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler sys- tem consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 4-5-050D (Revised 8/14)5 - 6 14. Section 903.2.5.3 Pyroxylin Plastic. An automatic sprinkler system shall be pro- vided in buildings, or portions thereof, where cellulose nitrate film or Pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 15. Section 903.2.6, Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exception: An automatic sprinkler system in- stalled in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group I-1 fa- cilities. 16. Section 903.2.7, Group M. An auto- matic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: a. Where a Group M gross floor area exceeds five thousand (5,000) square feet; b. Where a Group M fire area is located more than three (3) stories above grade plane; c. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet; or d. A Group M occupancy is used for dis- play and sale of upholstered furniture. 17. Section 903.2.7.1, High-piled Stor- age. An automatic sprinkler system shall be provided as required in Chapter 23 in all buildings of Group M where storage of mer- chandise is high-piled or rack storage arrays. 18. Section 903.2.8, Group R. An auto- matic sprinkler system installed in accor- dance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: Group R-1 if all of the follow- ing conditions apply: a. The Group R fire area is no more than five hundred (500) square feet and is used for recreational use only. b. The Group R fire area is on only one (1) story. c. The Group R fire area does not in- clude a basement. d. The Group R fire area is no closer than thirty (30) feet from another struc- ture. e. Cooking is not allowed within the Group R fire area. f. The Group R fire area has an occu- pant load of no more than eight (8). g. A hand held (portable) fire extin- guisher is in every Group R fire area. 19. Section 903 is amended by adding Sections 903.2.8.1 and 903.2.8.2 to read as follows: Section 903.2.8.1 – Group R-3 occu- pancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. Section 903.2.8.2 – Dwellings. When proposed within all residential zones, clustered or constructed so that, when at- tached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a sepa- rate building. 20. Section 903.2.9, Group S-1. An auto- matic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: a. A Group S-1 fire area exceeds five thousand (5,000) square feet. Corridors Ordinary Hazard Group 2 TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION 4-5-050D 5 - 7 (Revised 8/14) b. A Group S-1 fire area is located more than three (3) stories above grade plane. c. The combined area of all Group S-1 fire areas on all floors, including any mez- zanines, exceeds five thousand (5,000) square feet. d. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds five thou- sand (5,000) square feet. 21. Section 903.2.9.1, Repair Garages. An automatic sprinkler system shall be pro- vided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: a. Buildings having two (2) or more sto- ries above grade plane, including base- ments, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. b. Buildings no more than one (1) story above grade plane, with a fire area con- taining a repair garage exceeding five thousand (5,000) square feet. c. Buildings with repair garages servic- ing vehicles parked in basements. d. A Group S-1 fire area used for the re- pair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 22. Section 903.2.9.2, Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprin- kler system in accordance with Section 903.3.1.1. 23. Section 903.2.10, Group S-2 En- closed Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking ga- rages in accordance with Section 406.4 of the International Building Code as follows: a. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or b. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 24. Section 903.2.10.1, Commercial Parking Garages. An automatic sprinkler system shall be provided throughout build- ings used for storage of commercial trucks or buses where the fire area exceeds five thou- sand (5,000) square feet. 25. Section 903.2.11, Specific building areas and hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. 26. Section 903.2.11.1, Stories Without Openings. An automatic sprinkler system shall be installed throughout all stories, in- cluding basements, of all buildings where the floor area exceeds one thousand five hun- dred (1,500) square feet and where there is not provided at least one (1) of the following types of exterior wall openings: a. Openings below grade that lead di- rectly to ground level by an exterior stair- way complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adjacent openings does not ex- ceed fifty feet (50'). b. Openings entirely above the adjoin- ing ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The re- quired openings shall be distributed such that the lineal distance between adjacent openings does not exceed fifty feet (50'). 27. Section 903.2.11.1.1, Opening Di- mensions and Access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessi- 4-5-050D (Revised 8/14)5 - 8 ble to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accom- plished from the exterior. 28. Section 903.2.11.1.2, Openings on One Side Only. Where openings in a story are provided on only one side and the oppo- site wall of such story is more than seventy- five feet (75') from such openings, the story shall be equipped throughout with an ap- proved automatic sprinkler system or open- ings as specified above shall be provided on at least two sides of the story. 29. Section 903.2.11.1.3, Basements. Where any portion of a basement is located more than seventy-five feet (75') from open- ings required by Section 903.2.11.1, or where walls, partitions or other obstructions are in- stalled that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved auto- matic sprinkler system. 30. Section 903.2.11.2, Rubbish and Linen Chutes. An automatic sprinkler sys- tem shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one (1) floor be- low the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.1.1. Such sprinklers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible for servicing. 31. Section 903.2.11.3, Buildings Fifty- Five Feet (55') or More in Height. An auto- matic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty-five feet (55') or more above the lowest level of fire department vehicle ac- cess. Exception: Airport control towers. 32. Section 903.2.11.4, Ducts Conveying Hazardous Exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts convey- ing hazardous exhaust, flammable or com- bustible materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 33. Section 903.2.11.5, Commercial Cooking Operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to com- ply with Section 904. 34. Section 903.2.11.6, Other Required Suppression Systems. In addition to the re- quirements of Section 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 35. Section 903.2.12, During Construc- tion. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. 36. Section 903 is amended by adding Section 903.2.13, to read as follows: Section 903.2.13, Automatic Sprinkler Systems in New Buildings: a. Section 903.2.13.1 – A fully auto- matic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers, such sprinkler system shall be designed, installed and tested as per Section 903.3. b. Section 903.2.13.2 – A fully auto- matic fire protection sprinkler system may be required by the Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet total gross floor area when, in their judgment, supported by written doc- umentation from a professional organiza- tion (such as NFPA, ICC, SBCC U.L., ISO, etc.) verify that hazardous contents, critical exposure problems, limited acces- 4-5-060A 5 - 9 (Revised 8/14) sibility to the building, or other items may contribute to a definite hazard. 37. Section 903 is amended to add a new Section 903.2.14 to read as follows: Section 903.2.14, Sprinkler Systems in Remodeled Buildings: a. Section 903.2.14.1 – When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprin- klered. b. Section 903.2.14.2 – When an exist- ing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. (Ord. 3214, 4-10-1978; Ord. 4351, 5-4-1992; Ord. 4358, 7-20-1992; Ord. 4546, 7-24-1995; Amd. Ord. 4768, 3-8-1999; Ord. 5010, 5-19-2003; Ord. 5085, 6-21-2004; Ord. 5554, 10-11-2010; Ord. 5709, 4-14-2014) E.Repealed by Ord. 5297. 4-5-051 WASHINGTON STATE ENERGY CODE ADOPTED: The Washington State Energy Code (WSEC), as adopted by the State Building Code Council in chapter 51-11 WAC, is adopted by reference. (Ord. 5297, 7-2-2007; Ord. 5555, 10-11-2010; Ord. 5710, 4-14-2014) 4-5-055 INTERNATIONAL RESIDENTIAL CODE ADOPTED: The 2012 Edition of the International Residential Code (IRC), as adopted and amended by the State Building Code Council in chapter 51-51 WAC, as published by the International Code Council, is adopted by reference. Chapter 1, Ad- ministration, is not adopted and the Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IRC Chapter 1, Adminis- tration. (Ord. 5085, 6-21-2004; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5710, 4-14-2014) 4-5-060 CONSTRUCTION ADMINISTRATIVE CODE: A. SECTION 101 – GENERAL: 1. 101.1 Title. These regulations shall be known as the Construction Administrative Code of the City of Renton, hereinafter re- ferred to as “this code”. 2. 101.2 Scope. The provisions of this Con- struction Administrative Code shall apply to building, plumbing, and mechanical permits and the following “Construction Codes”: a. 2012 International Building Code – WAC 51-50 b. 2012 International Residential Code – WAC 51-51 c. 2012 International Mechanical Code – WAC 51-52 d. 2012 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC 51-52 e. 2011 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51-52 f. 2012 Uniform Plumbing Code – WAC 51-56 and 51-57 g. 2008 National Electrical Code h. 2012 International Property Mainte- nance Code 3. 101.2.1 Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary ac- cepted meanings within the context with which they are used. Webster’s Third Interna- tional Dictionary of the English Language, Unabridged, latest edition, shall be consid- ered as providing ordinary accepted mean- ings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. 4-5-060A (Revised 8/14)5 - 10 a. “Action” means a specific response complying fully with a specific request by the jurisdiction. b. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heat- ing, ventilation, cooling, refrigeration, fire- fighting, and transportation facilities essential to the occupancy of the building or structure for its designated use. c. “Complete response” means an ade- quate response to all requests from City staff in sufficient detail to allow the appli- cation to be processed. d. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. e. “Shall,” as used in this section, is mandatory. f. “Valuation” or “value” as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building ser- vice equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. 4. 101.3 Appendices. Provisions in the ap- pendices shall not apply unless specifically adopted. 5. 101.4 Intent. The purpose of the Con- struction Codes and the Construction Admin- istrative Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, en- ergy conservation, and safety to life and prop- erty from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 6. 101.5 Referenced Codes. The codes listed in subsections RMC 4-5-060.A.6.a, 101.5.1 International Building Code – Scope, through RMC 4-5-060.A.6.k, 101.5.10 Venti- lation, and referenced elsewhere in the Con- struction Codes and the Construction Administrative Code shall be considered part of the requirements of the Construction Codes and the Construction Administrative Code to the prescribed extent of each such reference. a. 101.5.1 International Building Code – Scope. The provisions of the In- ternational Building Code (IBC) shall ap- ply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or at- tached to such buildings or structures. Exception: Detached one (1) - and two (2) - family dwellings and multiple single- family dwellings (townhouses) not more than three (3) stories above grade plane in height with separate means of egress and their accessory structures shall com- ply with the International Residential Code. b. 101.5.2 International Residential Code – Scope. The provisions of the In- ternational Residential Code for One- and Two-Family Dwellings (IRC) shall ap- ply to the construction, alteration, move- ment, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one (1) - and two (2) - family dwellings and multiple single-family dwellings (town- houses) not more than three (3) stories above grade plane in height with a sepa- rate means of egress and their accessory structures, including adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health ser- vices. Exception: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one (1) - and two (2) - family dwellings or townhouses. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Resi- dential Code for One- and Two-Family Dwellings shall conform to Section 4-5-060A 5 - 11 (Revised 8/14) 903.3.1.3 of the International Building Code. c. 101.5.3 Electrical Code – Scope. The provisions of the Renton Code apply to the installation of electric conductors, electric equipment, alterations, modifica- tions or repairs to existing electrical in- stallations for the following: i. Electrical conductors, electrical equipment, and electrical raceways installed within or on public and pri- vate buildings, property or other structures. ii. Signaling and communications conductors and equipment, telecom- munications conductors and equip- ment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures. iii. Yards, lots, parking lots, and in- dustrial substations. iv. Temporary electrical installa- tions for use during the construction of buildings. v. Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses. vi. Installations of conductors and equipment that connect to a supply of electricity. vii. All other outside electrical con- ductors on the premises. viii. Optional standby systems de- rived from portable generators. Exception: Installations under the exclu- sive control of electric utilities for the pur- pose of communication, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property. It is the intent of this section that this code covers all premises’ wiring or wiring other than utility owned metering equipment, on the load side of the service point of buildings, structures, or any other prem- ises not owned or leased by the utility. Also, it is the intent that this code covers installations in buildings used by the util- ity for purposes other than listed above, such as office buildings, warehouses, ga- rages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center. The provisions of 296-46B WAC may also apply to electrical installations and alterations. The provisions of Chapter 480-93 WAC are enforced by the Wash- ington Utilities and Transportation Com- mission, while the provisions of Chapter 296-46B WAC are enforced by the Wash- ington State Department of Labor and In- dustries. d. 101.5.4 Gas Code – Scope. The provisions of the National Fuel Gas Code (NFGC) shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code when utilizing natu- ral gas and gaseous hydrogen except those regulated by the International Res- idential Code (IRC) and those utilizing LPG. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of ap- pliances and the installation and opera- tion of residential and commercial gas appliances and related accessories. e. 101.5.5.1 Mechanical Code – Scope. The provisions of the Interna- tional Mechanical Code (IMC) shall apply to the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environ- mental conditions and related processes within buildings. The International Me- chanical Code shall also regulate those mechanical systems, system compo- nents, equipment and appliances specifi- 4-5-060B (Revised 8/14)5 - 12 cally addressed herein. The installation of fuel gas distribution piping and equip- ment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the National Fuel Gas Code. Exceptions: i. Detached one (1) - and two (2) - family dwellings and multiple single- family dwellings (townhouses) not more than three (3) stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. ii. The standards for liquefied petro- leum gas (LPG) installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code). f. 101.5.5.2 Other authorities. In addi- tion to the International Mechanical Code, provisions of Chapter 480-93 WAC regarding gas pipeline safety may also apply to single meter installations serving more than one (1) building. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission. g. 101.5.6 Plumbing Code – Scope. The provisions of the Uniform Plumbing Code (UPC) shall apply to the installa- tion, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurte- nances, and where connected to a water or sewage system and all aspects of a medical gas system. h. 101.5.7 Property maintenance. The provisions of the International Prop- erty Maintenance Code, as amended by RMC 4-5-130 shall apply to existing structures to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and con- trolling the use and occupancy, location, and maintenance of all residential build- ings and other structures within this juris- diction. i. 101.5.8 Fire prevention. The provi- sions of the International Fire Code (IFC) shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion aris- ing from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of struc- tures or premises; and from the construc- tion, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or oper- ation: and matters related to prepared- ness for natural or manmade disasters. j. 101.5.9 Energy Code – Scope. The provisions of the Washington State En- ergy Code (WSEC) shall apply to all mat- ters governing the design and construction of buildings for energy effi- ciency. k. 101.5.10 Ventilation. The provisions of the mechanical code shall apply to all occupancies to govern minimum require- ments for ventilation. B. SECTION 102 – APPLICABILITY: 1. 102.1.1 General. Where there is a con- flict between a general requirement and a specific requirement, the specific require- ment shall be applicable. Where, in any spe- cific case, different sections of the Construction Codes specify different materi- als, methods of construction or other require- ments, the most restrictive shall govern except that the hierarchy of the codes named in RCW 19.27 shall govern. 2. 102.1.2 New Installations. This section applies to new installations. Exception: If an electrical, plumbing or me- chanical permit application is received after this section has taken effect, but is identified with a building permit application received prior to the effective date of the ordinance codified in this section, all applicable codes adopted and in force at the time of a complete building permit application will apply. 3. 102.1.3 Existing installations. Lawfully installed existing installations that do not 4-5-060B 5 - 13 (Revised 8/14) comply with the provisions of this section shall be permitted to be continued without change, except as is specifically covered in this section, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the oc- cupants and the public. Where changes are required for correction of hazards, a reason- able amount of time shall be given for compli- ance, depending on the degree of the hazard. 4. 102.1.4 Maintenance. Buildings and structures, including their electrical, plumbing and mechanical systems, equipment, materi- als and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard- free condition. Devices or safeguards that are required by this section shall be maintained in compliance with the code edition under which installed. The owner or the owner’s desig- nated agent shall be responsible for the main- tenance of the systems and equipment. To determine compliance with this provision, the code official shall have the authority to re- quire that the systems and equipment be re- inspected. 5. 102.1.5 Additions, alterations, modifi- cations or repairs. Additions, alterations, modifications or repairs to a building or struc- ture or to the electrical, plumbing or mechan- ical system(s) of any building, structure, or premises shall conform to the requirements of this section without requiring those por- tions of the existing building or system not be- ing altered or modified to comply with all the requirements of this section. Installations, ad- ditions, alterations, modifications, or repairs shall not cause an existing building to be- come unsafe or to adversely affect the perfor- mance of the building as determined by the building official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made. 6. 102.2 Other laws. The provisions of the Construction Codes and the Construction Ad- ministrative Code shall not be deemed to nul- lify any provisions of local, state or federal law. 7. 102.3 Application of references. Refer- ences to chapter or section numbers, or to provisions not specifically identified by num- ber, shall be construed to refer to such chap- ter, section or provision of the Construction Codes. 8. 102.4 Existing structures and installa- tions. The legal occupancy of any structure existing on the date of adoption of the Con- struction Codes shall be permitted to con- tinue without change, except as is specifically covered in the referenced codes listed in RMC 4-5-060.A.6, 101.5 Referenced Codes, this code, or as is deemed necessary by the building official for the general safety and wel- fare of the occupants and the public. 9. 102.5 Added electrical wiring. Electri- cal wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this section in force at the time the additions were made. 10. 102.6.1 Moved buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of the Inter- national Residential Code (WAC 51-51), the International Building Code (WAC 51-50), the International Mechanical Code (WAC 51-52), the International Fire Code (WAC 51-54), the Uniform Plumbing Code and Standards (WAC 51-56 and 51-57), and the Washington State Energy Code (WAC 51-11). Exception: Group R-3 buildings or structures are not required to comply if: a. The original occupancy classification is not changed; and b. The original building is not substan- tially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially re- modeled when the costs of remodeling ex- ceed sixty percent (60%) of the value of the building exclusive of the costs relating to preparation, construction, demolition or reno- vation of foundations. 11. 102.6.2 Moved Buildings, Electrical. 4-5-060C (Revised 8/14)5 - 14 a. Nonresidential buildings or struc- tures moved into or within the jurisdiction must be inspected to ensure compliance with current requirements of this section. b. Residential buildings or structures moved into the jurisdiction must be in- spected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be in- spected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the de- partment if: i. The original occupancy classifi- cation of the building or structure is changed as a result of the move; or ii. The building or structure has been substantially remodeled or re- habilitated as a result of the move. 12. 102.7.1 Referenced codes and stan- dards. The codes and standards referenced in the Construction Codes shall be consid- ered part of the requirements of the Construc- tion Codes to the prescribed extent of each such reference. Where differences occur be- tween provisions of the Construction Codes and referenced codes and standards, the provisions of the Construction Codes shall apply. Exception. Where enforcement of a code provision would violate the conditions of the listing of equipment or an appliance, the con- ditions of the listing and the manufacturer’s installation instructions shall apply. 13. 102.7.2 International Fire Code - Ref- erenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 47, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all ref- erences to the NFPA 70-08 National Electri- cal Code. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the fire code official. In the event the referenced codes are inconsistent with this code, this code shall apply. 14. 102.8 Partial invalidity. In the event that any part or provision of the Construction Codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 15. 102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing or proposed structure or installation, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the building official. 16. 102.10 Structures in Areas of Special Flood Hazard. Buildings located in Areas of Special Flood Hazard shall be regulated un- der the International Building Code or the In- ternational Residential Code, and the Renton Municipal Code. C. SECTION 103 – ENFORCEMENT AUTHORITY: 1. 103.1 Creation of Enforcement Agency. The building section is hereby cre- ated and the official in charge thereof shall be known as the building official. 2. 103.2 Building official. The building offi- cial is responsible for administration and in- terpretation of the Construction Administrative Code and the Construction Codes, except that the fire marshal or his or her designee shall be responsible for admin- istration and interpretation of the International Fire Code. 3. 103.3 Deputies. The building official may delegate authority to a deputy building offi- cial, related technical officers, code enforce- ment officers, inspectors, plan examiners or other City employees. Such employees shall have powers as delegated by the building of- ficial. 4. 103.4 Fire Marshal/Deputy(s)/Assis- tant(s). In accordance with prescribed proce- dures of this jurisdiction, the fire code official shall have the authority to appoint a Fire Mar- shal, Deputy Fire Marshal(s) and/or Assistant Fire Marshal(s), other related technical offi- cers, inspectors and other employees. 5. 103.5 Assistance from other agencies. Police and other enforcement agencies shall 4-5-060D 5 - 15 (Revised 8/14) have authority to render necessary assis- tance in the investigation of fires or the en- forcement of this code as requested by the fire code official, or his/her designee. 6. 103.6 Obstructing operations. No per- son shall obstruct the operations of the Fire and Emergency Services Department in con- nection with extinguishment, control, or in- vestigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services Depart- ment. D. SECTION 104 – ORGANIZATION AND DUTIES: 1. 104.1 General. The building official is hereby authorized and directed to administer, interpret and enforce the provisions of this Construction Administrative Code and all Construction Codes using inspector consul- tation, except the International Fire Code. Af- ter consulting with the inspectors, the building official shall have the authority to render inter- pretations of said codes and to adopt policies and procedures in order to clarify the applica- tion of their provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of the codes and shall not have the effect of waiving require- ments specifically provided for in the codes. All references in this code to the “department of fire prevention within the jurisdiction” shall be synonymous with the Fire and Emergency Services Department under the direction of the fire code official. The function of the de- partment shall be the implementation, admin- istration and enforcement of the provisions of this code. 2. 104.2. Liability. The building official, or employee charged with the enforcement of this code, while acting in good faith and with- out malice in the discharge of the duties re- quired by this code or other pertinent law or ordinance, shall not thereby be rendered lia- ble personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the dis- charge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties while acting in good faith and without malice and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or subordinate shall not be li- able for cost in any action, suit or proceeding that is instituted in pursuance of the provi- sions of this code. 3. 104.3 Applications and permits. The building official shall receive applications, re- view construction documents and issue per- mits for the erection, alteration, demolition and moving of buildings, structures and build- ing service equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the Construction Codes and the Construction Ad- ministrative Code. 4. 104.4 Notices and orders. The building official shall issue all necessary notices or or- ders to ensure compliance with the Construc- tion Codes and the Construction Administra- tive Code. 5. 104.5 Declaration of emergency - tag- ging of buildings. Following a City of Renton-issued formal declaration of emer- gency, the building official shall be authorized to evaluate and provide building safety evalu- ations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manu- als. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe.” Notice of orders pertaining to dan- gerous buildings and appeal procedures es- tablished under adopted building codes shall not apply under official declarations of emer- gency. 6. 104.6 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such in- spections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to re- 4-5-060D (Revised 8/14)5 - 16 port upon unusual technical issues that arise at the applicant’s expense. 7. 104.7 Identification. The building official shall carry proper identification when inspect- ing structures or premises in the performance of duties under the Construction Codes and the Construction Administrative Code. 8. 104.8 Right of entry. Where it is neces- sary to make an inspection to enforce the pro- visions of the Construction Codes and the Construction Administrative Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the Construction Codes and the Construction Administrative Code which makes the structure or premises unsafe, dan- gerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the Construction Codes and the Construction Administrative Code, provided that if such structure or prem- ises be occupied that credentials be pre- sented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reason- able effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is re- fused, the building official shall have recourse to the remedies provided by law to secure en- try. 9. 104.9 Department records. The build- ing official shall keep official records of appli- cations received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public re- cords. 10. 104.10 Approved materials and equipment. Materials, equipment and de- vices approved by the building official shall be constructed and installed in accordance with such approval. 11. 104.11 Used materials and equip- ment. The use of used materials and building service equipment which meet the require- ments of this code for new materials is per- mitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official. 12. 104.12 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the Construction Codes and the Construction Administrative Code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s represen- tative, provided the building official shall first find that special individual reason makes the strict letter of the Construction Codes and the Construction Administrative Code impractical and the modification is in compliance with the intent and purpose of the Construction Codes and the Construction Administrative Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department. The building official is authorized to charge an ad- ditional fee to evaluate any proposed modifi- cation under the provisions of this section. 13. 104.13 Alternative materials, design and methods of construction and equip- ment. The provisions of the Construction Codes are not intended to prevent the instal- lation of any material or to prohibit any design or method of construction not specifically pre- scribed by the Construction Codes, provided that any such alternative has been approved by the building official. An alternative mate- rial, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and com- plies with the intent of the provisions of the Construction Codes, and that the material, method or work offered is, for the purpose in- tended, at least the equivalent of that pre- scribed in the Construction Codes in quality, strength, effectiveness, fire resistance, dura- bility and safety. The building official is autho- rized to charge an additional fee to evaluate any proposed alternate material, design and/ or method of construction and equipment un- der the provisions of this section. 14. 104.14 Research reports. Supporting data, where necessary to assist in the ap- proval of materials or assemblies not specifi- cally provided for in the Construction Codes, shall consist of valid research reports from approved sources. 4-5-060D 5 - 17 (Revised 8/14) 15. 104.15 Tests. Whenever there is insuf- ficient evidence of compliance with the provi- sions of the Construction Codes, or evidence that a material or method does not conform to the requirements of the Construction Codes, or in order to substantiate claims for alterna- tive materials or methods, the building official shall have the authority to require tests as ev- idence of compliance to be made at no ex- pense to the jurisdiction. Test methods shall be as specified in the Construction Codes or by other recognized test standards. In the ab- sence of recognized and accepted test meth- ods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public re- cords. 16. 104.16.1 Responsibility for compli- ance. Compliance with the requirements of this code is the obligation of the owner of the building, structure, or premises, the duly au- thorized agent of the owner, and other per- sons responsible for the condition or work, and not of the City or any of its officers, em- ployees or agents. 17. 104.16.2 Responsibilities of regis- tered design professional in responsible charge. It is the responsibility of the regis- tered design professional in responsible charge to ensure that the information in the construction documents is complete, accu- rate, and, to the best of the design profes- sional’s knowledge, conforms to the requirements of this code. 18. 104.16.3 Responsibilities of struc- tural engineer in responsible charge. It is the responsibility of the structural engineer in responsible charge to: a. Design the primary structure; Exception: A licensed engineer other than the structural engineer in responsi- ble charge may design the primary struc- ture of single-story metal buildings. b. Specify design loads, configurations, controlling dimensions, deflection limits and/or other criteria necessary for the de- sign of secondary structural components and sub-systems and the selection of structurally qualified products; c. Determine the adequacy and confor- mance of the application of the structur- ally qualified products with the design intent of the City-approved construction documents; d. Review for compatibility with the City-approved construction documents previously approved by the building offi- cial, the deferred submittals for the pri- mary structural frame and the design and deferred submittals for secondary mem- bers for the following structural elements: i. Wood trusses; ii. Glu-lam beams; iii. Steel joists; iv. Structural steel; v. Steel decking; vi. Prefabricated stair systems; vii. Precast concrete piles; viii. Post-tensioned floor systems; ix. Curtain wall systems; x. Precast prestressed planks; xi. Major skylight frames; and xii. Precast concrete/masonry wall panels. The building official may approve addi- tions to, or deletions from this list for spe- cific projects. If there is no structural engineer in responsible charge on the project, the architect in responsible charge shall assume these responsibili- ties. 19. 104.16.4 Responsibilities of contrac- tor. It is the responsibility of the contractor to perform all the work in conformance with the City-approved construction documents. 4-5-060E (Revised 8/14)5 - 18 20. 104.16.5 Responsibilities of plans ex- aminer. It is the responsibility of the plans ex- aminer to verify that the description of the work in the construction documents is sub- stantially complete, and to require corrections where, to the best of the plans examiner's knowledge, the construction documents do not conform to this code or other pertinent laws and ordinances. 21. 104.16.6 Responsibilities of field in- spector. It is the responsibility of the field in- spector to conduct inspections to verify that the work in progress conforms with the ap- proved construction documents and to re- quire corrections where, to the best of the field inspector's knowledge, the work either does not conform to the construction docu- ments or where the work is in violation of this code or other pertinent laws and ordinances. E. SECTION 105 – PERMITS: 1. 105.1 Required. Any owner or autho- rized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, me- chanical or plumbing system, the installation of which is regulated by the Construction Codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building of- ficial and obtain the required permit. a. 105.1.1 Electrical permit required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the fol- lowing installations: i. The installation, alteration, repair, replacement, modification or mainte- nance of all electrical systems, wire and electrical equipment regardless of voltage. ii. The installation and/or alteration of low voltage systems defined as: (a) NEC, Class 1 power limited circuits at thirty (30) volts maxi- mum. (b) NEC, Class 2 circuits pow- ered by a Class 2 power supply as defined in NEC 725.41(A). (c) NEC, Class 3 circuits pow- ered by a Class 3 power supply as defined in NEC 725.41(A). iii. Telecommunications Systems. (a) All installations of telecom- munications systems on the cus- tomer side of the network demarcation point for projects greater than ten (10) telecommu- nications outlets. (b) All backbone installations regardless of size and all tele- communications cable or equip- ment installations involving penetrations of fire barriers or passing through hazardous loca- tions require permits and inspec- tions. (c) The installation of greater than ten (10) outlets and the as- sociated cables along any hori- zontal pathway from a telecommunications closet to work areas during any continu- ous ninety (90) - day period re- quires a permit and inspection. (d) In Residential Groups R-1 and R-2 occupancies as defined in the International Building Code, permits and inspections are required for all backbone in- stallations, all penetrations of fire-resistive walls, ceilings and floors; and installations of greater than ten (10) outlets in common areas. (e) Definitions of telecommuni- cations technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the NEC. b. 105.1.2 Grading permit required. No person shall do any grading without first obtaining a grading permit from the building official. 4-5-060E 5 - 18.1 (Revised 8/14) 2. 105.2 Work exempt from permit. Ex- emptions from permit requirements related to the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Construction Codes or any other laws or ordinances of this jurisdiction. Permit exemp- tions shall not apply to Areas of Flood Hazard and City Land Use Critical Areas. Permits shall not be required for the following: a. Public service agencies or Work in the Public Way. i. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equip- ment that is under the ownership and control of public service agencies es- tablished by right. ii. A permit shall not be required for work located primarily in a public way, public utility towers and poles (but not exempting wireless commu- nications facilities not located in a public way) and hydraulic flood con- trol structures. b. Grading. i. An excavation below existing fin- ished grade for basements and foot- ings of an existing building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any excavation having an unsupported height greater than five feet (5’). ii. An excavation of less than fifty (50) cubic yards of materials which: (a) is less than two (2) feet in depth and/or (b) which does not create a cut slope of a ratio steeper than two (2) horizontal to one (1) vertical. (c) A fill of less than fifty (50) cubic yards of material which is less than one foot (1’) in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. c. Building. i. One (1) story detached acces- sory structures constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouses and sim- ilar uses, provided the floor area does not exceed two hundred (200) square feet (18.58 m2). ii. Fences not over six feet (6’) (1,829 mm) high. iii. Oil derricks. iv. Retaining walls and rockeries which are not over four feet (4’) (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class I, II or III-A liquids. v. Water tanks supported directly on grade if the capacity does not ex- ceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width does not exceed two (2) to one (1). vi. Sidewalks, decks and driveways not more than thirty inches (30”) (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. vii. In-kind re-roofing of one (1) - and two (2) - family dwellings pro- vided the roof sheathing is not re- moved or replaced. viii. Painting, non-structural wood and vinyl siding, papering, tiling, car- peting, cabinets, counter tops and similar finish work, provided that ex- isting, required accessible features are not altered. ix. Temporary motion picture, tele- vision and theater stage sets and scenery. 4-5-060E (Revised 8/14)5 - 18.2 x. Prefabricated swimming pools accessory to one (1) - and two (2) - family dwellings or Group R-3 occu- pancy which are less than twenty- four inches (24”) (610 mm) deep, do not exceed five thousand (5,000) gal- lons (18,925 L) and are installed en- tirely above ground. xi. Shade cloth structures con- structed for garden nursery or agri- cultural purposes and not including service systems. xii. Swings, slides and other similar playground equipment. xiii. Window awnings supported by an exterior wall which do not project more than fifty-four inches (54”) (1,372 mm) from the exterior wall and do not require additional support of a one (1) - and two (2) - family dwelling or a Group R-3 or U occupancy. xiv. Movable cases, counters and partitions not over five feet nine inches (5’9”) (1,753 mm) in height. xv. Satellite earth station antennas six and one half feet (6-1/2’) (2 m) or less in diameter in zones other than residential zones. xvi. Satellite earth station antennas three and one quarter (3-1/4’) (1 m) or less in diameter in residential zones. xvii. Video programming service antennas three and one quarter feet (3-1/4’) (1 m) or less in diameter or diagonal dimension, regardless of zone. xviii. Replacement of nonstructural siding on IRC structures except for veneer, stucco or exterior finish and insulation systems (EFIS). xix. In-kind window replacement for IRC structures where no alteration of structural members is required and when the window U-values meet the prescriptive requirements within the Washington State Energy Code. xx. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final ap- proval of construction. A job shack is a portable structure for which the pri- mary purpose is to house equipment and supplies, and which may serve as a temporary office during con- struction for the purposes of the con- struction activity. d. Electrical. i. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an ap- proved receptacle when that cord or cable is permitted by the National Electrical Code. ii. Repair or replacement of fixed motors, transformers or fixed ap- proved appliances or devices rated fifty amps or less which are like-in- kind in the same location. iii. Temporary decorative lighting, when used for a period not to exceed ninety (90) days and removed at the conclusion of the ninety (90) - day period. iv. Repair or replacement of cur- rent-carrying parts of any switch, conductor or control device which are like-in-kind in the same location. v. Repair or replacement of attach- ment plug(s) and associated recep- tacle(s) rated fifty (50) amperes or less which are like-in-kind in the same location. vi. Repair or replacement of any over-current device which is like-in- kind in the same location. vii. Repair or replacement of elec- trodes or transformers of the same size and capacity for signs or gas tube systems. viii. Removal of electrical wiring. 4-5-060E 5 - 18.3 (Revised 8/14) ix. Telecommunications Systems as follows: (a) Telecommunications outlet installations within individual dwelling units. (b) The installation or replace- ment of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment. x. Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed within dwelling units. xi. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equip- ment or the generation, transmis- sion, distribution or metering of electrical energy or in the operation of signals or the transmission of intel- ligence by a public or private utility in the exercise of its function as a serv- ing utility. xii. Portable generators serving only cord and plug connected loads supplied through receptacles on the generator rated at four thousand (4,000) watts or less. xiii. Travel trailers. xiv. Like-in-kind replacement of a: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle out- let; thermostat; heating element; lu- minaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical sys- tem is not modified; ten (10) horse- power or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices. xv. Low-voltage circuits for built-in residential vacuum systems, under- ground landscape sprinkler systems and residential garage doors. xvi. Low-voltage circuits for under- ground landscape lighting when power supplying the installation is derived from a listed Class 2 power supply and the installation isn’t cov- ered under Article 680 of the NEC for swimming pools, fountains and simi- lar installations. e. Mechanical. i. Portable heating, cooking, or clothes drying appliances. ii. Portable ventilation equipment. iii. Portable cooling unit. iv. Steam, hot or chilled water pip- ing within any heating or cooling equipment regulated by the Con- struction Codes. v. Replacement of any part which does not alter its approval or make it unsafe. vi. Portable evaporative cooler. vii. Self-contained refrigeration sys- tem containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less. viii. Portable fuel cell appliances that are not connected to a fixed pip- ing system and are not intercon- nected. f. Plumbing. i. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and 4-5-060E (Revised 8/14)5 - 18.4 a permit shall be obtained and in- spection made as provided in the Construction Codes. ii. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstal- lation of water closets, provided such repairs do not involve or require re- placement or rearrangement of valves, pipes or fixtures. iii. Reinstallation or replacement of prefabricated fixtures that do not in- volve or require the replacement or rearrangement of valves or pipes. 3. 105.2.1 Emergency repairs. Where equipment replacements and equipment re- pairs must be performed in an emergency sit- uation, the permit application shall be submitted within the next working business day to the building official. 4. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress require- ments; nor shall ordinary repairs include an addition to, alteration of, replacement or relo- cation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or gen- eral safety. 5. 105.3 Application for permit. To obtain a permit, the applicant shall first file a com- plete application in writing on a form fur- nished by the building department for that purpose. Such application shall: a. Identify and describe the work to be covered by the permit for which applica- tion is made. b. Describe the land on which the pro- posed work is to be done by legal de- scription, street address or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use and occupancy for which the proposed work is intended. d. Be accompanied by construction documents and other information as re- quired in RMC 4-5-060.G, Section 107 – Submittal Documents. e. State the valuation of the proposed work. f. Be signed by the applicant or the ap- plicant’s authorized agent. g. Give such other data and information as required by the building official. 6. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the con- struction documents do not conform to the re- quirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building of- ficial is satisfied that the proposed work con- forms to the requirements of the Construction Codes and the Construction Administrative Code and laws and ordinances applicable thereto, the building official shall issue a per- mit therefor as soon as practicable. 7. 105.3.2 Time limitation of application. a. Applications for which no permit is is- sued within twelve (12) months following the date of application shall expire by lim- itation and plans and other data submit- ted for review may thereafter be returned to the applicant or destroyed in accor- dance with state law. b. The building official may extend the life of an application if any of the following conditions exist: i. Compliance with the State Envi- ronmental Policy Act is in progress; or ii. Any other City review is in prog- ress; provided the applicant has sub- 4-5-060E 5 - 18.5 (Revised 8/14) mitted a complete response to City requests or the building official deter- mines that unique or unusual circum- stances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely man- ner toward final City decision; or iii. Litigation against the City or ap- plicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pur- suant to such application. 8. 105.3.3 Verification of contractor reg- istration. Prior to issuance of a permit for work which is to be done by a contractor re- quired to be registered pursuant to RCW 18.27, the applicant shall provide the City with the contractor’s registration number and Renton business license number and any other information determined necessary by the City to allow verification that such con- tractor is currently registered as required by law. 9. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any vio- lation of any of the provisions of the Construc- tion Codes and the Construction Administrative Code or of any other ordi- nance of the jurisdiction. Permits presuming to give authority to violate or cancel the provi- sions of the Construction Codes and the Con- struction Administrative Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on con- struction documents and other data shall not prevent the building official from requiring the correction of errors in the construction docu- ments and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of the Con- struction Codes and the Construction Admin- istrative Code or of any other ordinances of this jurisdiction. 10. 105.5 Expiration. a. Every permit issued shall expire two (2) years from the date of issuance. The building official may approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit is- suance. b. An existing building permit may be renewed one (1) time for a fee of one-half (1/2) the original permit fee, provided the permit has not expired. Permit renewals shall expire in one (1) year. For permits that have been expired, a new permit must be obtained and new fees paid. No permit shall be renewed more than once. c. Electrical, mechanical, plumbing, fire, signs and demolition permits shall expire one (1) year from issuance. An electrical, mechanical, plumbing, fire or sign permit associated with a building permit may be extended at the appli- cant’s request to the same expiration date as the associated building permit. d. The building official may authorize a thirty (30) - day extension to an expired permit for the purpose of performing a fi- nal inspection and closing out the permit as long as not more than one hundred eighty (180) days has passed since the permit expired. The thirty (30) - day ex- tension would commence on the date of written approval. If work required under a final inspection is not completed within the thirty (30) - day extension period, the permit shall expire. However, the building official may authorize an additional thirty (30) - day extension if conditions outside of the applicant’s control exist and the ap- plicant is making a good faith effort to complete the permitted work. 11. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of the Construction Codes and the Construc- tion Administrative Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in vi- olation of any ordinance or regulation or any of the provisions of the Construction Codes and the Construction Administrative Code. 12. 105.7 Placement of permit. The build- ing permit or copy shall be kept on the site of the work until the completion of the project. For access to permit for inspections, see RMC 4-5-060.J.6, 110.6 Inspection record. 4-5-060E (Revised 8/14)5 - 18.6 13. 105.8 Flammable and combustible liquids. An operational permit is required: a. To use or operate a pipeline for the transportation within facilities of flamma- ble or combustible liquids. This require- ment shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems. b. To store, handle or use Class I liquids in excess of five (5) gallons (19L) in a building or in excess of ten (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: i. The storage or use of Class I liq- uids in the fuel tank of a motor vehi- cle, aircraft, motorboat, mobile power plant or mobile heating plant unless such storage, in the opinion of the fire code official, would cause an unsafe condition. ii. The storage or use of paints, oils, varnishes or similar flammable mix- tures when such liquids are stored for maintenance, painting or similar pur- poses for a period of not more than thirty (30) days. c. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95 L) in a building or in ex- cess of sixty (60) gallons (227L) outside a building, except for fuel oil used in con- nection with oil-burning equipment in sin- gle-family and duplex dwellings. d. To store, handle or use Class IIIB liq- uids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burn- ing equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. e. To remove Class I or II liquids from an underground storage tank used for fu- eling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing pur- poses. f. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dis- pensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liq- uids are produced, processed trans- ported, stored, dispensed or used. g. To place temporarily out of service (for more than ninety (90) days) an un- derground, protected above-ground or above-ground flammable or combustible liquid tank. h. To change the type of contents stored in a flammable or combustible liq- uid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. i. To manufacture, process, blend or re- fine flammable or combustible liquids. j. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. k. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufactur- ing establishments. 14. 105.9 Hot works operations. An oper- ational permit is required for hot work includ- ing, but not limited to: a. Public exhibitions and demonstra- tions where hot work is conducted. b. Use of portable hot work equipment inside a structure. c. Fixed-site hot work equipment such as welding booths. d. Hot work conducted within a wildfire risk area. e. Application of roof coverings with the use of an open-flame device. f. When approved, the fire code official shall issue a permit to carry out a hot 4-5-060G 5 - 18.7 (Revised 8/14) work program. This program allows ap- proved personnel to regulate their facil- ity’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this section and shall be responsible for issuing per- mits requiring compliance with the re- quirements found in Chapter 35 of the International Fire Code (IFC). These per- mits shall be issued only to their employ- ees or hot work operations under their supervision. 15. 105.10 Temporary place of assembly/ special event permit. An operational permit is required for any special event where three hundred (300) or more people will congre- gate, either outdoors or indoors, in other than a Group A Occupancy. 16. 105.11 Hazardous materials. A con- struction permit is required to install, repair damage to, abandon, remove, place tempo- rarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 50 of the IFC when the hazardous materials in use or storage ex- ceed the amounts listed in Table 105.6.20 of the IFC. Exceptions: a. Routine maintenance. b. For emergency repair work per- formed on an emergency basis, applica- tion for permit shall be made within two (2) working days of commencement of work. 17. 105.12 Underground tanks opera- tional permit fees. The fee for permits is- sued in accordance with section 105.6 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in the City of Renton Fee Schedule Brochure. Fees for tank storage shall be as- sessed for each individual tank. Exception: Permit fees for Class IIIB liquid storage shall be assessed for each tank up to a total of five (5) tanks, and no additional fee shall be charged for the sixth (6th) through the tenth (10th) tank. The eleventh (11th) tank and each subsequent tank of Class IIIB liq- uids shall be assessed per tank. The permits shall expire one (1) year after date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit pay- ment for an operational permit within thirty (30) days after receipt of application or re- newal notice, the fee for the permit shall be double the amount of the above-stated fee. F. SECTION 106 – FLOOR AND ROOF DESIGN LOADS: 1. 106.1 Live Loads Posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed fifty (50) psf (2.40kN/m2), such design live load shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. 2. 106.2 Issuance of certificate of occu- pancy. A certificate of occupancy required by RMC 4-5-060.K, Section 111 – Certificate Of Occupancy, shall not be issued until the floor load signs required by RMC 4-5-060.F.1, 106.1 Live Loads Posted, have been in- stalled. 3. 106.3 Restrictions on loading. It shall be unlawful to place, cause or permit to be placed, on any floor or room of a building, structure or portion thereof, a load greater than is permitted by this code. G. SECTION 107 – SUBMITTAL DOCUMENTS: 1. 107.1 Submittal documents. Submittal documents consisting of construction docu- ments, statement of special inspection and structural observation programs, engineering reports and calculations, diagrams and other data shall be submitted with each permit ap- plication for a permit. The construction docu- ments shall be prepared by a registered design professional where required by the State of Washington. Where special condi- tions exist, the building official is authorized to require additional construction documents to be prepared by a registered design profes- sional. 4-5-060G (Revised 8/14)5 - 18.8 Exception: The building official is authorized to waive the requirement for submission of construction documents and other data if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the Construction Codes. 2. 107.2 Construction documents. Con- struction documents shall be in accordance with RMC 4-5-060.G.2.a, 107.2.1 Information on construction documents, through RMC 4- 5-060.G.2.f, 107.2.5 Site plan. a. 107.2.1 Information on construc- tion documents. Construction docu- ments shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of suffi- cient clarity to indicate the location, na- ture and extent of the work proposed in the proper orientation and layout as it is to be constructed and show in detail that it will conform to the provisions of the Construction Codes and the Construction Administrative Code and relevant laws, ordinances, rules and regulations, as de- termined by the building official. The plans must include the relevant items listed in this section and any other infor- mation or documents as deemed neces- sary by the building official. b. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submit- ted to indicate conformance with the Construction Codes, the Construction Administrative Code, and the construc- tion documents and shall be approved prior to the start of system installation. Shop drawings shall contain all informa- tion as required by the referenced instal- lation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the State of Washington. c. 107.2.3 Means of egress. The con- struction documents shall show in suffi- cient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the Construction Codes. In other than one (1) - and two (2) - family dwellings and in Groups R-2, R-3, and I- 1 occupancies, the construction docu- ments shall designate the number of oc- cupants to be accommodated on every floor and in all rooms and spaces. d. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compli- ance with the Construction Codes. The construction documents shall provide de- tails of the exterior wall envelope as re- quired, including flashing; intersections with dissimilar materials; corners; end details; control joints; intersections at roof eaves or parapets; means of drainage; water-resistive membranes; and details around openings. The construction docu- ments shall include manufacturer’s in- stallation instructions that provide supporting documentation that the pro- posed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the ex- terior wall system which was tested, where applicable, as well as the test pro- cedure used. Exception: Subject to the approval of the building official, one (1) - and two (2) - family dwellings and Group R-3 and U occupancies may be exempt from the de- tailing requirements of this section. e. 107.2.4.1 Building enclosure de- sign requirements of Revised Code of Washington (RCW) 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). Building enclosure design docu- ments of new or rehabilitated multifamily buildings that are subject to regulations of Engrossed House Bill 1848 must be submitted at the time of permit applica- tion. All applications for building con- struction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including but not limited to waterproofing, weather proof- ing and/or otherwise protected from wa- ter or moisture intrusion, unless a 4-5-060G 5 - 18.9 (Revised 8/14) recorded irrevocable sale prohibition cov- enant is submitted to the City. The City is prohibited from issuing a per- mit for construction or rehabilitative con- struction unless the building enclosure documents contain a stamped statement by the person stamping the building en- closure design documents in substan- tially the following form: “The undersigned has provided building enclo- sure documents that in my professional judgment are appropriate to satisfy the requirements of sections 1 through 10 of EHB 1848.” The City is not responsible for determining whether the building en- closure design documents or the inspec- tions performed are adequate or appropriate to satisfy the requirements of the act. See RMC 4-9-040, Condominium Con- versions, for additional requirements. f. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and loca- tion of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as ap- plicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of dem- olition, the site plan shall show construc- tion to be demolished and the location and size of existing structures and con- struction that is to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted. g. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in ac- cordance with Section 1612.3.1 of the IBC. h. 107.2.6 Electrical. i. Electrical Engineer. Electrical plans for the following installations shall be prepared by or under the di- rection of an electrical engineer reg- istered under Chapter 18.43 RCW, and Chapters 180-29, 246B-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature. (a) All educational facilities, hospitals and nursing homes; (b) All services or feeders rated one thousand six hundred (1,600) amperes or larger; (c) All installations identified in the National Electrical Code re- quiring engineering supervision; (d) As required by the building official for installations which by their nature are complex, haz- ardous or pose unique design problems. ii. Information on construction doc- uments. Construction documents shall identify the name and classifi- cation of the facility and clearly show the electrical installation or alteration in floor plan view, include all switch- board and panelboard schedules and when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation, and interrupting rating of equipment. iii. Penetrations. Construction doc- uments shall indicate where penetra- tions will be made for electrical systems and shall indicate the mate- rials and methods for maintaining re- quired structural safety, fire- resistance rating and fire-blocking. iv. Load calculations. Where an ad- dition or alteration is made to an ex- isting electrical system, an electrical load calculation shall be prepared to determine if the existing electrical service has the capacity to serve the added load. v. Plan review required. Electrical plan review is required for all new or 4-5-060G (Revised 8/14)5 - 18.10 altered electrical projects in the fol- lowing occupancies and/or installa- tions: (a) Educational, institutional, or health care facilities/buildings as follows: (1) Hospital; (2) Nursing home unit or long- term care unit; (3) Boarding home; (4) Assisted living facility; (5) Private alcoholism hospital; (6) Alcoholism treatment facil- ity; (7) Private psychiatric hospital; (8) Maternity home; (9) Ambulatory surgery facility; (10) Renal hemodialysis clinic; (11) Residential treatment facil- ity for psychiatrically impaired children and youth; (12) Adult residential rehabilita- tion center; (13) Educational facilities; and (14) Institutional facilities. Exceptions: (b) Electrical Plan review is not required for the above educa- tional, institutional, or health care facilities buildings where: (1) Lighting specific projects that result in an electrical load re- duction on each feeder involved in the project; (2) Low voltage systems; (3) Modification to existing electrical installations where all of the following conditions are met: (A) Service or distribution equipment involved is rated one hundred (100) amperes or greater and does not exceed two hundred fifty (250) volts; (B) Does not involve emer- gency systems other than listed unit equipment per NEC 700.12(F); (C) Does not involve branch circuits or feeders of an essential electrical system as defined in NEC 517.2; and (D) Service and feeder load calculations are increased by five percent (5%) or less. (4) Stand-alone utility fed ser- vices that do not exceed two hundred fifty (250) volts, one hundred (100) amperes where the project’s distribution system does not include: (A) Emergency systems other than listed unit equipment per NEC 700.12(F); (B) Critical branch circuits or feeders as defined in NEC 517.2; or (C) A required fire pump sys- tem. (c) Alterations in non-residen- tial occupancies two thousand five hundred (2,500) square feet and greater. (d) Installations in occupan- cies, except one (1) - and two (2) - family dwellings, where a ser- vice or feeder rated one hundred (100) amperes or greater is in- stalled or altered or if more than one hundred (100) amperes is added to the service or feeder. 4-5-060G 5 - 18.11 (Revised 8/14) (e) All work on electrical sys- tems operating at/over six hun- dred (600) Volts. (f) All commercial generator in- stallations or alterations. (g) All work in areas deter- mined to be hazardous (classi- fied) location by the NEC. (h) If sixty percent (60%) or more of luminaires change. (i) Installations of switches or circuit breakers rated four hun- dred amperes or over except for one (1) - and two (2) - family dwellings. (j) Wind driven generators. (k) Solar photovoltaic systems. (l) Any proposed installation which cannot be adequately de- scribed in the application form. i. 107.2.7 Plumbing. Plans must be submitted for review and approval when- ever the scope of the work is too complex for inspection alone as determined by the building official. j. 107.2.8 Mechanical. Plans must be submitted for review and approval when- ever the scope of the work is too complex for inspection alone as determined by the building official. 3. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal docu- ments and shall ascertain by such examina- tions whether the construction indicated and described is in accordance with the require- ments of the Construction Codes, the Con- struction Administrative Code, and other pertinent laws or ordinances. a. 107.3.1 Use of consultants. When- ever review of a building permit applica- tion requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse to the jurisdic- tion the cost of such professional consult- ing services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining pro- fessional consultant services and to en- sure reimbursement for such costs. b. 107.3.2 Approval of construction documents. When the building official is- sues a permit, the construction docu- ments shall be approved, in writing or by stamp, as “Reviewed for Code Compli- ance.” One (1) set of construction docu- ments so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to in- spection by the building official or a duly authorized representative. c. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate infor- mation and detailed statements have been filed complying with pertinent re- quirements of the Construction Codes and the Construction Administrative Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 4. 107.4.1 Design professional in re- sponsible charge - General. When it is re- quired that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered de- sign professional who shall act as the regis- tered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in re- sponsible charge. The building official shall 4-5-060H (Revised 8/14)5 - 18.12 be notified in writing by the owner if the regis- tered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, in- cluding phased and deferred submittal items, for compatibility with the design of the build- ing. Where structural observation is required by Section 1710 of the IBC, the inspection program shall name the individual or firms who are to perform structural observations and describe the stages of construction at which structural observation is to occur (see also other duties specified in Chapter 17 of the IBC). 5. 107.4.2 Design professional in re- sponsible charge - Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified pe- riod. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in respon- sible charge shall indicate the list of deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in respon- sible charge who shall review them and for- ward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and have been found to be in general conformance to the design of the building. The deferred sub- mittal items shall not be installed until the de- ferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submit- tals under the provisions of this section. 6. 107.5 Amended construction docu- ments. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construc- tion documents. The building official is autho- rized to charge an additional plan review fee to evaluate revisions to the approved con- struction documents. 7. 107.6 Retention of construction docu- ments. One (1) set of approved construction documents shall be retained by the building official for a period of not less than one hun- dred eighty (180) days from date of comple- tion of the permitted work or as required by state or local laws. H. SECTION 108 – TEMPORARY STRUCTURES AND USES: 1. 108.1 General. The building official is au- thorized to issue a permit for temporary struc- tures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The building official is au- thorized to grant extensions for demonstrated cause. 2. 108.2 Electrical. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for car- nivals, conventions, festivals, fairs, the hold- ing of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than thirty (30) days, except that a permit for a tempo- rary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authoriza- tion for such use of the street must first be ob- tained. All such temporary installations shall be made in accordance with the requirements of the NEC; provided, that the building official may permit deviations which will not permit hazards to life or property; and further pro- vided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and dis- connect or order the disconnection of all en- ergy to such equipment. 3. 108.3 Conformance. Temporary struc- tures and uses shall conform to the structural strength, fire safety, means of egress, acces- 4-5-060I 5 - 18.13 (Revised 8/14) sibility, light, ventilation and sanitary require- ments of the Construction Codes as necessary to ensure the public health, safety and general welfare. 4. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. 5. 108.5 Bonds and set-aside accounts. The building official may require a perfor- mance bond or set-aside account to be in place prior to issuance of a permit for tempo- rary structures and temporary uses. I. SECTION 109 – FEES: 1. 109.1 Payment of fees. A permit shall not be valid until applicable development and construction permit fees established by City Council by resolution have been paid, nor shall an amendment to a permit be released until any additional fee required, if any, has been paid. 2. 109.2 Schedule of permit fees. On buildings, structures, gas, mechanical, elec- trical and plumbing systems or alterations re- quiring a permit, a fee for each permit shall be paid as required, in accordance with a sched- ule of fees to be recommended by the build- ing and/or code official and approved by City Council by resolution. 3. 109.3 Plan Review Fees. When submit- tal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the construction documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan re- view fee shall be determined upon comple- tion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and is in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan re- view or when the project involves deferred submittal items as defined in RMC 4-5- 060.G.5, 107.4.2 Design professional in re- sponsible charge - Deferred submittals, an additional plan review fee shall be charged at the rate set forth by resolution. 4. 109.4 Building permit valuation. The applicant for a permit shall provide an esti- mated permit valuation at time of application. The determination of valuation shall be made by the building official if not clearly estab- lished by resolution. 5. 109.5 Malfunctioning alarm fee. When- ever an alarm system is activated due to a malfunction and the Fire and Emergency Ser- vices Department is dispatched, a report of the false alarm will be recorded for the build- ing or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule Bro- chure. 6. 109.6 Reinspection and reinspection fee. Whenever the Fire and Emergency Ser- vices Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condi- tion or violation still in existence, a “Subse- quent Reinspection” will be required. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall require the payment of a reinspection fee as speci- fied in the City of Renton Fee Schedule Bro- chure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This reinspection fee must be paid within ten (10) days of the notice for the reinspection. How- ever, any building owner, operator or occu- pant, upon a reasonable request to the fire code official, may obtain an extension of said thirty (30) day period for a reasonable period to be established by the fire code official to al- low such time for compliance. The request for an extension must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 7. 109.7 Work commencing before per- mit issuance. Any person who commences any work on a building, structure, gas, me- chanical, electrical or plumbing system be- 4-5-060J (Revised 8/14)5 - 18.14 fore obtaining the necessary permits shall be subject to a stop work order and a special in- vestigation fee in an amount equal to twice the permit fee, or otherwise established by the building official. The special investigation fee shall be paid in addition to the required permit fees. 8. 109.8 Related fees. The payment of fees for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 9. 109.9 Refunds. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this section. The building of- ficial may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is with- drawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of application. 10. 109.10 Disaster area - waiver of re- pair fees. When an area of the City has been deemed a disaster area by either the local, state or federal authorities, any structures damaged by storms, floods, landslides, earthquakes, fires or other natural disasters shall have all permit and plan review fees waived for the purposes of repairing or re- building the damaged structures (with the ex- ception of state surcharge fees). J. SECTION 110 – INSPECTIONS: 1. 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until ap- proved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the Construction Codes, the Construction Administrative Code, or of other ordinances of the jurisdic- tion. Inspections presuming to give authority to violate or cancel the provisions of the Con- struction Codes, the Construction Adminis- trative Code, or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspec- tion purposes. Neither the building official nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. 2. 110.2 Surveys. A survey of the lot may be required by the building official to verify compliance of the structure with approved construction documents. 3. 110.3 Preconstruction conferences. When required by the building official, the owner or the owner’s agent shall arrange a conference with the project contractor, the design team, the special inspection agency if special inspection is required, and the build- ing official prior to commencing work on any portion of construction. The intent of the con- ference is to identify and clarify unusual in- spection requirements of the project. 4. 110.4 Inspection requests. The owner of the property or the owner’s authorized agent, or the person designated by the owner/agent to do the work authorized by a permit shall notify the building official that work requiring inspection as specified in this section and Chapter 17 of the IBC is ready for inspection. 5. 110.5 Access for inspection. The per- mit holder and the person requesting any in- spections required by this code shall provide access to and means for proper inspection of such work, including safety equipment re- quired by Washington Industrial Safety and Health Agency. The work shall remain acces- sible and exposed for inspection purposes until approved by the building official. Neither the building official nor the City shall be liable for expense entailed in the required removal or replacement of any material to allow in- spection. 6. 110.6 Inspection record. Work requiring a permit shall not be commenced until the permit holder or the permit holder’s agent has posted an inspection record in a conspicuous place on the premises and in a position that allows the building official to conveniently 4-5-060J 5 - 18.15 (Revised 8/14) make the required entries regarding inspec- tion of the work. This record shall be main- tained in such a position by the permit holder or the permit holder’s agent until final ap- proval has been granted by the building offi- cial. 7. 110.7 Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Written approval shall be given only after an inspection has been made of each succes- sive step in the construction as indicated by each of the inspections required in this sec- tion. There shall be a final inspection and ap- proval of all buildings when completed and ready for occupancy. a. 110.7.1 Effect of approval. Ap- proval as a result of an inspection is not an approval of any violation of the provi- sions of this code or of other pertinent laws and ordinances of the City. Inspec- tions presuming to give authority to vio- late or cancel the provisions of this code or of other pertinent laws and ordinances of the City are not valid. 8. 110.8 Concealment of work. No re- quired reinforcing steel or structural frame- work of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the ap- proval of the building official. Protection of joints and penetrations in fire-resistance- rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. Exception: Modular homes and commercial coaches identified by State of Washington stickers and placed upon a permanent foun- dation approved and inspected by the build- ing official. Commercial coach shall be identified by a State of Washington black sticker located by the door. Modular homes shall be identified by a State of Washington gold sticker located by the door. 9. 110.9 Preliminary inspections. Before issuing a permit, the building official is autho- rized to examine or cause to be examined buildings, structures, installations, and sites for which an application has been filed. 10. 110.10 Manufacturer ’s installation in- structions. Manufacturer’s installation in- structions, as required by the Construction Codes, shall be available on-site at the time of inspection. 11. 110.11 Required inspections. The building official, upon notification, shall make the inspections as set forth in this section. a. 110.11.1 First ground disturbance inspection. To be made prior to begin- ning land-disturbing activity, and follow- ing installation of erosion control measures and any required fencing that may restrict land disturbance in steep slope or other buffers b. 110.11.2 Footing and foundation inspection. Footing and foundation in- spections shall be made after poles or piers are set or trenches or basement ar- eas are excavated and all required hold- down anchor bolts, hold-down straps, any forms erected, and any required rein- forcing steel is in place and supported. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, parti- tions, structural supports, or equipment and special requirements for wood foun- dations. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. c. 110.11.3 Concrete slab and under- floor inspection. Concrete slab and un- der-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. d. 110.11.4 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612 or IRC Section R322 shall be submitted to the building official. FEMA Flood elevation certificates shall contain an original stamp and signature 4-5-060J (Revised 8/14)5 - 18.16 of the surveyor, licensed by the State of Washington, and shall document the ele- vation of the lowest floor, including base- ment, and other information required by the flood elevation certificate. e. 110.11.5 Exterior wall sheathing inspection. Exterior wall sheathing shall be inspected after all wall framing is com- plete, strapping and nailing is properly in- stalled but prior to being covered. f. 110.11.6 Roof sheathing inspec- tion. The roof sheathing shall be in- spected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved. g. 110.11.7 IMC/UPC/Gas/NEC rough-in inspection. Rough-in mechan- ical, gas piping, plumbing and electrical systems shall be inspected when the rough-in work is complete and, if re- quired, under test. No connections to pri- mary utilities shall be made until the rough-in work is inspected and approved. h. 110.11.8 Frame inspection. Fram- ing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be con- cealed are complete and the rough elec- trical, plumbing, fire-suppression piping, heating wires, pipes and ducts are ap- proved and the building is substantially dry. i. 110.11.9 Exterior Finish and Insula- tion Systems (EFIS), Lath and gypsum board inspection. EFIS, Lath and gyp- sum board inspections shall be made af- ter backing, lathing or gypsum board, interior and exterior, is in place, but be- fore any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Interior gypsum board that is not part of a fire-resistance-rated assem- bly or a shear assembly does not require inspection. j. 110.11.10 Fire- and smoke-resis- tant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. k. 110.11.11.1 Energy efficiency in- spections - Envelope. In addition to the inspections required in WAC 51-11, the following inspections are also required: i. Wall insulation. The wall insula- tion inspection is to be made after ex- terior wall weather protection and all wall insulation and air vapor retarder sheets or film materials are in place, but before any wall covering is placed. ii. Glazing. The glazing inspection is to be made after glazing materials are installed in the building. iii. Exterior roofing insulation. The exterior roofing insulation inspection is to be made after the installation of the roofing and roof insulation, but before concealment. iv. Slab/floor insulation. The slab/ floor insulation inspection is to be made after the installation of the slab/ floor insulation, but before conceal- ment. l. 110.11.11.2 Energy efficiency in- spections - Mechanical. i. Mechanical equipment efficiency and economizer. The mechanical equipment efficiency and econo- mizer inspection is to be made after all equipment and controls required by the Construction Codes are in- stalled and prior to the concealment of such equipment or controls. ii. Mechanical pipe and duct insula- tion. The mechanical pipe and duct insulation inspection is to be made after all pipe, fire-suppression piping and duct insulation is in place, but before concealment. m. 110.11.11.3 Energy efficiency in- spections - Lighting and motors. 4-5-060J 5 - 18.17 (Revised 8/14) i. Lighting equipment and controls. The lighting equipment and controls inspection is to be made after the in- stallation of all lighting equipment and controls required by the Con- struction Codes, but before conceal- ment of the lighting equipment. ii. Motors. Motor inspections are to be made after installation of all equip- ment covered by the Construction Codes, but before concealment. n. 110.11.12 Electrical. i. The installation, alteration or ex- tension of any electrical system, fix- tures or components for which a permit is required by this code shall be subject to inspection by the build- ing official and such electrical sys- tems, fixtures and components shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical systems to remain ac- cessible and exposed for inspection purposes. The City shall not be liable for expenses entailed in the removal or replacement of material required to permit inspection. When the instal- lation of an electrical system is com- plete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the National Electrical Code shall not be connected to the energy source until authorized by the building offi- cial. ii. The building official may require special inspection of equipment or wiring methods where the installation requires special training, equipment, expertise, or knowledge. Where such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection per- son/agency shall be designated and approved prior to beginning the in- stallation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building offi- cial prior to that installation being ap- proved. All costs for such testing and reporting shall be the responsibility of the permit holder. iii. Approval as a result of an in- spection shall not be construed to be an approval of a violation of the pro- visions of the National Electrical Code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the pro- visions of the National Electrical Code or other ordinances of the City shall not be valid. iv. The building official, upon notifi- cation, shall make the inspections set forth in this section: (a) Underground. Underground inspection shall be made after trenches or ditches are exca- vated and bedded, piping and conductors are installed, and be- fore backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the race- way, cable or conductors, or where corrosive action will occur, protection shall be provided in the form of granular or selected material, approved running boards, sleeves or other means. (b) Rough-in. Rough-in inspec- tion shall be made after the roof, framing, fire-blocking and brac- ing are in place and all wiring and other components to be con- cealed are complete, and prior to the installation of wall or ceiling membranes. All required equip- ment grounding conductors in- stalled in concealed cable or flexible conduit systems must be completely installed and made up at the time of the rough-in cover inspection. (c) Other inspections. In addi- tion to the inspections specified 4-5-060J (Revised 8/14)5 - 18.18 above, the building official is au- thorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws, which are en- forced by the City. v. Final Inspection. The final in- spection shall be made after all work required by the permit is completed. o. 110.11.13 Traffic management systems. i. The City will perform the electrical inspection and acceptance of traffic management systems within its juris- diction. A traffic management system includes: (a) Traffic illumination systems; (b) Traffic signal systems; (c) Traffic monitoring systems; (d) The electrical service cabi- net and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system; and (e) Signalization system(s) necessary for the operation of a light rail system. A traffic man- agement system can provide sig- nalization for controlling vehicular traffic, pedestrian traf- fic, or rolling stock. ii. The City recognizes that traffic signal conductors, pole and bracket cables, signal displays, traffic signal controllers/cabinets, and associated components used in traffic manage- ment systems are acceptable for the purpose of meeting the requirements of Chapter 19.28 RCW provided they conform with the following standards or are listed on the Washington State Department of Transportation (WS- DOT) qualified products list. • WSDOT/APWA Standard Speci- fications and Plans; • WSDOT Design Manual; • International Municipal Signal Association (IMSA); • National Electrical Manufactur- ers Association (NEMA); • Federal Standards 170/Control- ler Cabinets; • Manual for Uniform Road, Bridge, and Municipal Construc- tion; • Institute of Transportation Engi- neers (ITE); • Manual of Uniform Traffic Control Devices (MUTCD). iii. Associated induction detection loop or similar circuits will be ac- cepted by the department or City au- thorized to do electrical inspections without inspection. iv. For the licensing requirements of Chapter 19.28 RCW, jurisdictions will be considered owners of traffic man- agement systems when doing elec- trical work for another jurisdiction(s) under a valid interlocal agreement, as permitted by Chapter 39.34 RCW. Interlocal agreements for traffic man- agement systems must be filed with the department or City authorized to do electrical inspections prior to work being performed for this provision to apply. v. Jurisdictions, with an established electrical inspection authority, and WSDOT may perform electrical in- spection on their rights of way for each other by interlocal agreement. They may not perform electrical in- spection on other rights of way ex- cept as allowed in Chapters 19.28 or 39.34 RCW. vi. Underground installations. 4-5-060J 5 - 18.19 (Revised 8/14) (a) In other than open trench- ing, raceways will be considered “fished” according to the NEC and do not require visual inspec- tion. (b) The department or City au- thorized to do electrical inspec- tions will conduct inspections in open trenching within its jurisdic- tion upon request. vii. Identification of traffic manage- ment system components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of all compo- nents. (a) An electrical service cabinet must contain only listed compo- nents. The electrical service cab- inet enclosure is not required to be listed but will conform to the standards in subsection viii be- low. (b) The local government juris- diction must identify, as accept- able, the controller cabinet or system component(s) with an identification plate. The identifi- cation plate must be located in- side the cabinet and may be attached with adhesive. viii. Conductors of different circuits in same cable, enclosure, or race- way. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or race- way without regard to voltage char- acteristics, provided all conductors are insulated for the maximum volt- age of any conductor in the cable, enclosure, or raceway. p. 110.11.14 Reinspection for build- ing permit. The building official may re- quire a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or rein- spection when such portion of work for which the inspection was requested is not complete; or when previous correc- tions called for are not made; or when the approved plans and permit are not on site in a conspicuous or pre-approved loca- tion; or when the building is not accessi- ble. In instances where reinspection fees have been assessed, no additional in- spection of the work shall be provided by the City until the required fees are paid. q. 110.11.15 Other inspections. In ad- dition to the inspections specified above, the building official is authorized to make or require other inspections of any con- struction work to ascertain compliance with the provisions of the Construction Codes, the Construction Administrative Code, and other laws or ordinances of the City. r. 110.11.16 Special inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections for any type of work related to the Construc- tion Codes by an approved agency at no cost to the jurisdiction. s. 110.11.17 Building enclosure spe- cial inspection requirements of RCW 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). EHB 1848 re- quires affected multiunit residential build- ings to provide a building enclosure inspection performed by a third party, in- dependent, and qualified inspector during the course of initial construction and during rehabilitative construction. The City does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the City is pro- hibited from issuing a certificate of occu- pancy for the building until the inspector prepares a report and submits to the building department a signed letter certi- fying that the building enclosure has been inspected during the course of con- struction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents. t. 110.11.18 Final inspection. The final inspection shall be made after all work re- quired by the building permit is com- pleted. 4-5-060K (Revised 8/14)5 - 18.20 13. 110.12 Flood hazard documentation. If located in a flood hazard area, documenta- tion of the elevation of the lowest floor as re- quired in Section 1612.5 of the IBC shall be submitted to the building official prior to the fi- nal inspection. 14. 110.13 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 15. 110.14 Inspection requests. It shall be the duty of the permit holder or their duly au- thorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide ac- cess to and means for inspections of such work that are required by the Construction Codes and the Construction Administrative Code. 16. 110.15 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first ob- taining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall ei- ther indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with the Construction Codes or the Construction Administrative Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized or ap- proved by the building official. K. SECTION 111 – CERTIFICATE OF OCCUPANCY: 1. 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classifica- tion of a building or structure or portion thereof shall be made, until the building offi- cial has issued a certificate of occupancy as provided herein. Issuance of a certificate of occupancy shall not be construed as an ap- proval of a violation of the provisions of the Construction Codes, the Construction Admin- istrative Code, or of other ordinances of the jurisdiction. Exceptions: a. Work exempt from permits per RMC 4-5-060.E.2, 105.2 Work exempt from permit. b. For single family dwellings and their accessory structures, the City issued building permit inspection record may serve as the certificate of occupancy when the final inspection has been ap- proved by the building official or the build- ing official’s designee. 2. 111.2 Certificate issued. After the build- ing official inspects the building or structure and finds no violations of the provisions of the Construction Codes, the Construction Admin- istrative Code, or other laws or ordinances that are enforced by this jurisdiction, the building official shall issue a certificate of oc- cupancy that contains the following: a. The building permit number; b. The address of the structure; c. The name and address of the owner; d. A description of that portion of the structure for which the certificate is is- sued; e. A statement that the described por- tion of the structure has been inspected for compliance with the requirements of the Construction Codes and the Con- struction Administrative Code for the oc- cupancy and division of occupancy and the use for which the proposed occu- pancy is classified; f. The name of the building official; g. The edition of the code under which the permit was issued; h. The use and occupancy; i. The type of construction; j. The design occupant load; k. If an automatic sprinkler system is provided, whether the sprinkler system is required; and 4-5-060M 5 - 18.21 (Revised 8/14) l. Any special stipulations and condi- tions of the building permit. 3. 111.3 Temporary or phased occu- pancy. The building official is authorized to is- sue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official is authorized to re- quire in addition to the completion of life safety building components any or all acces- sibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a performance bond be posted with the City in an amount equal to one hundred fifty percent (150%) of the incomplete work as de- termined by the design professional. The bond shall be refundable upon inspection, fi- nal approval and a request in writing for the refund. It shall be the duty of the applicant to request the refund. 4. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the pro- visions of the Construction Codes and the Construction Administrative Code wherever the certificate is issued in error, or on the ba- sis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordi- nance or regulation or any of the provisions of the Construction Codes or the Construction Administrative Code. L. SECTION 112 – SERVICE UTILITIES: 1. 112.1 Connection of service utilities. No person shall make connections from a util- ity, source of energy, fuel or power to any building or system that is regulated by the Construction Codes or the Construction Ad- ministrative Code for which a permit is re- quired, until approved by the building official. 2. 112.2 Temporary connection. The building official shall have the authority to au- thorize the temporary connection of the build- ing or system to the utility source of energy, fuel or power. 3. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the Construction Codes and the Construction Administrative Code in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made with- out the approval required by RMC 4-5- 060.L.1, 112.1 Connection of service utilities, or RMC 4-5-060.L.2, 112.2 Temporary con- nection. The building official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure or service system of the decision to discon- nect prior to taking such action. If not notified by some method prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. M. SECTION 113 – VIOLATIONS: 1. 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, re- move, demolish or occupy any building, structure or equipment regulated by the Con- struction Codes and the Construction Admin- istrative Code, or cause same to be done, in conflict with or in violation of any of the provi- sions of the Construction Codes or the Con- struction Administrative Code. 2. 113.2 Stop work order authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of the Construction Codes, the Construction Administrative Code, or other pertinent laws or ordinances imple- mented through the enforcement of the Con- struction Codes and the Construction Administrative Code, the building official is authorized to issue a stop work order. 3. 113.3 Stop work order issuance. The stop work order shall be in writing and shall be given to the owner of the property in- volved, or to the owner’s agent, or to the per- son doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to re- sume. 4-5-060N (Revised 8/14)5 - 18.22 4. 113.4 Stop work order investigation fee. The building official is authorized to as- sess a special investigation fee for the issu- ance of a stop work order when work has started without the issuance of a permit. The special investigation fee shall be equal to twice the permit fee and in addition to the per- mit fee. 5. 113.5 Unlawful continuance. Any per- son who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a vi- olation or unsafe condition, shall be subject to penalties as prescribed by RMC 1-3-2. 6. 113.6 Enforcement. Enforcement of the Construction Codes and the Construction Ad- ministrative Code shall be in conformance with the procedures set forth in RMC 1-3-2. N. SECTION 114 – NOTICES AND ORDERS: 1. 114.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has oc- curred, notice shall be given in the manner prescribed in RMC 4-5-060.G.2, 107.2 Con- struction documents, as amended and the applicable provisions of the RMC 1-3-2, Civil Enforcement of Code. 2. 114.2 Form. Such notice prescribed in RMC 4-5-060.G.1, 107.1 Submittal docu- ments, shall be in accordance with RMC 1-3- 2. In addition to the information required by RMC 1-3-2, the notice and order shall con- tain: a. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of RMC 4-5-060.H, Section 108 – Temporary Structures and Uses, of this code. b. Statements advising that if any re- quired repair or demolition work (without vacation being also required) is not com- menced within the time specified, the building official: i. Will order the building vacated and posted to prevent further occu- pancy until the work is completed; and ii. May proceed to cause to be done and charge the costs thereof against the property or its owner. 3. 114.3 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance or- der or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mort- gagee or lessee a true copy of any compli- ance order or notice of violation issued by the code official and shall furnish to the code offi- cial a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compli- ance order or notice of violation and fully ac- cepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. O. SECTION 115 – UNSAFE STRUCTURES AND EQUIPMENT: 1. 115.1 General. Structures or existing equipment that are or hereafter become un- safe, unsanitary or deficient because of inad- equate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to hu- man life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary pursuant to the provisions of this code. A vacant structure that is not secured against entry shall be deemed unsafe. 2. 115.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in dan- ger of structural collapse, the code official is authorized to post the structure “Do Not Oc- cupy” and order the structure to be closed up so as not to be an attractive nuisance. Upon 4-5-060P 5 - 18.23 (Revised 8/14) failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 3. 115.3 Notice. Whenever the code official has closed a structure or locked out equip- ment under the provisions of this section, no- tice shall be posted in a conspicuous place in, on or about the structure or equipment af- fected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with RMC 1-3-2. The notice shall be in the form prescribed in RMC 4-5-060.G.2, 107.2 Construction documents, as amended. Every notice to vacate shall be issued, served and posted as an order to cease activity under RMC 1-3-2.C. 4. 115.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the building is not fit for occupancy and other in- formation determined relevant by the building official. 5. 115.5 Placard removal. The code official shall remove the placard posted in accor- dance with the provisions of RMC 4-5-060.H, Section 108 – Temporary Structures and Uses, whenever the defect or defects upon which the action was based have been elimi- nated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties set forth in RMC 1-3-2. 6. 115.6 Prohibited occupancy. Any occu- pied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall oc- cupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded prem- ises or operate placarded equipment shall be liable for the penalties provided by the code. 7. 115.7 Repair, vacation and demolition. The following standards shall be followed by the building official (and by the hearing exam- iner if an appeal is taken) in ordering the re- pair, vacation or demolition of any dangerous building or structure: a. Any building declared a dangerous building under this code shall be made to comply with one (1) of the following: i. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; ii. The building shall be demolished at the option of the building owner; or iii. If the building does not consti- tute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. b. If the building or structure is in such condition as to make it immediately dan- gerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. P. SECTION 116 – EMERGENCY MEASURES: 1. 116.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of ex- plosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equip- ment, the code official is hereby authorized and empowered to order and require the oc- cupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Oc- cupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of 4-5-060Q (Revised 8/14)5 - 18.24 securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 2. 116.2 Temporary safeguards. Notwith- standing other provisions of this code, when- ever, in the opinion of the code official, there is imminent danger due to an unsafe condi- tion, the code official shall order the neces- sary work to be done, including the boarding up of openings, to render such structure tem- porarily safe whether or not the legal proce- dure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 3. 116.3 Closing streets. When necessary for public safety, the code official shall tempo- rarily close structures and close, or order the authority having jurisdiction to close, side- walks, streets, public ways and places adja- cent to unsafe structures, and prohibit the same from being utilized. 4. 116.4 Emergency repairs. For the pur- poses of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 5. 116.5 Costs of emergency repairs. Costs incurred in the performance of emer- gency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall in- stitute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 6. 116.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Community and Economic Development Ad- ministrator or designee, be afforded a hearing as described in RMC 4-5-060.R, Section 118 - Appeals. Q. SECTION 117 – DEMOLITION: 1. 117.1 General. The code official shall or- der the owner of any premises upon which is located any structure, which in the code offi- cial’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for hu- man habitation or occupancy, and such that it is unreasonable to repair the structure, to de- molish and remove such structure; or if such structure is capable of being made safe by re- pairs, to repair and make safe and sanitary or to demolish and remove at the owner’s op- tion; or where there has been a cessation of normal construction of any structure for a pe- riod of more than two (2) years, to demolish and remove such structure. 2. 117.2 Notices and orders. All notices and orders shall comply with RMC 4-5-060.N, Section 114 – Notices and Orders. 3. 117.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code of- ficial shall cause the structure to be demol- ished and removed, either through an available public agency or by contract or ar- rangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 4. 117.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrange- ment aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly re- mitted with a report of such sale or transac- tion, including the items of expense and the amounts deducted, for the person who is en- titled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. R. SECTION 118 – APPEALS: 1. 118.1 General – building codes. Ap- peals of orders, decisions and determinations of the building official that do not constitute enforcement actions shall be heard and de- cided by the Community and Economic De- velopment Administrator or designee pursuant to the provisions of RMC 4-8-110. To the extent the building codes adopted by reference in this title refer to a “board of ap- peals” or a “building board of appeals,” those references shall be deemed to refer to the 4-5-070C 5 - 18.25 (Revised 8/14) Community and Economic Development Ad- ministrator or designee. 2. 118.2 General – fire codes. Appeals of orders, decisions and determinations of the fire code official that do not constitute en- forcement actions shall be heard and decided by the Fire and Emergency Services Chief or designee pursuant to the provisions of RMC 4-8-110. To the extent the fire codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the Fire and Emergency Services Chief or designee. 3. 118.3 Limitations on authority. An ap- plication for appeal shall be based on a claim that the true intent of the Construction Codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Construction Codes do not fully apply, or an equally good or better form of construction is proposed. The building board of appeals shall have no authority relative to interpreta- tion of the administrative provisions of the Construction Codes nor shall the board be empowered to waive requirements of the Construction Codes which are the codes, ap- pendices and referenced code standards ad- opted by the jurisdiction. (Ord. 5711, 4-14-2014) 4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS: A. PURPOSE: The following provisions and regulations are ad- opted as part of the City’s fire prevention program to abate existing fire hazards, to investigate the cause, origin and circumstances of fires, to in- spect potential fire hazards, to control the means and adequacy of the construction and safety of buildings in case of fires, within commercial, busi- ness, industrial or manufacturing areas and all other places in which numbers of persons work, meet, live or congregate, as hereinafter more par- ticularly set forth. (Ord. 2434, 9-23-1968; Amd. Ord. 5086, 6-21-2004) B. ADOPTION OF FIRE CODE AND STANDARDS: The City does hereby adopt the 2012 Interna- tional Fire Code and Appendices B and H pub- lished by the International Code Council, by reference as provided by State law, with the amendments, additions, deletions or exceptions as noted herein. (Ord. 4547, 7-24-1995; Amd. Ord. 4769, 3-8-1999; Ord. 5086, 6-21-2004; Ord. 5404, 7-21-2008; Ord. 5556, 10-11-2010; Ord. 5712, 4-14-2014) C. AMENDMENTS, ADDITIONS, AND DELETIONS TO THE FIRE CODE: 1. Subsection 101.1, Title, of the Interna- tional Fire Code, 2012 Edition, is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as “this code.” Any references to “this jurisdic- tion” shall be references to the City of Renton, Washington. 2. Subsection 101.2, Scope, of the Inter- national Fire Code, 2012 Edition, is hereby amended by adding a new subsection 6, to read as follows: 6. Matters related to preparedness for natural or manmade disasters. 3. Subsection 102.7, Referenced codes and standards, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 102.7 Referenced codes and stan- dards. The codes and standards refer- enced in this code shall be those that are listed in Chapter 80, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all refer- ences to the NFPA 70-11 National Electri- cal Code. Such codes and standards shall be considered part of the require- ments of this code to the prescribed ex- tent of each such reference as determined or modified by the Fire Code Official. In the event the referenced codes are inconsistent with this code, this code shall apply. 4-5-070C (Revised 8/14)5 - 18.26 4. Subsection 103.1, General, of the Inter- national Fire Code, 2012 Edition, is hereby amended to read as follows: 103.1 General. All references in this code to the “department of fire prevention within the jurisdiction” shall be synony- mous with the Fire and Emergency Ser- vices Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 5. Subsection 103.3, Deputies, of the In- ternational Fire Code, 2012 Edition, is hereby amended by changing the title to “Fire Mar- shal/Deputy(ies)/Assistant(s),” and to read as follows: 103.3 Fire Marshal/Deputy(ies)/Assis- tant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Mar- shal(s) and/or Assistant Fire Marshal(s), other related technical officers, inspec- tors and other employees. 6. Section 103.4.1, Legal defense, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 103.4.1 Legal defense. The administra- tive authority or any employee perform- ing duties in connection with the enforcement of this code and acting in good faith and without malice in the per- formance of such duties shall be relieved from any personal liability for any dam- age to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said adminis- trative authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City At- torney a proper one or if judgment be ren- dered against such administrative authority or employee, said claim or judg- ment shall be paid by the City. 7. Subsection 104.1, General, of the Inter- national Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 104.1.1 Discretionary authority. The Fire Chief/Emergency Services Adminis- trator, Fire Marshal, Deputy and/or Assis- tant Fire Marshal(s) and Inspectors assigned to the Community Risk Reduc- tion section shall have the authority and discretion to enforce this code. 104.1.2 Ministerial authority. Members of the Fire and Emergency Services De- partment who are not assigned to the Community Risk Reduction section of the department shall exercise authority as designated by the Fire Chief/Emergency Services Administrator in department policy or as described in this code. 8. Subsection 104.10.1, Assistance from other agencies, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 104.10.1 Assistance from other agen- cies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official, or his/her designee. 9. Subsection 104.11.2, Obstructing op- erations, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 104.11.2 Obstructing operations. No person shall obstruct the operations of the Fire and Emergency Services De- partment in connection with extinguish- ment, control, or investigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services De- partment. 10. Subsection 105.1.1, Permits re- quired, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 4-5-070C 5 - 18.27 (Revised 8/14) 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with Subsection 105.6 of the International Fire Code and permits issued for under- ground tank removal shall be as stipu- lated in the City of Renton Fee Schedule Brochure. Fees for tank storage shall be assessed for each individual tank. Exception: Permit fees for Class IIIB liq- uid storage shall be assessed for each tank up to a total of five tanks, and no ad- ditional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class IIIB liquids shall be assessed per tank. The permits shall expire one (1) year af- ter date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issu- ance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal no- tice, the fee for the permit shall be double the amount of the above-stated fee. 11. Subsection 105.3.2, Extensions, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is un- able to be commenced within the time re- quired by this section for good and satisfactory reasons. The Fire Code Offi- cial is authorized to grant, in writing, one (1) or more extensions of the time period of a permit for periods of not more than one hundred eighty (180) days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. 12. Subsection 105.4.1, Submittals, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 105.4.1.2 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.16. 105.4.1.3 Plan review and construc- tion fees. Construction plans required to be reviewed by this Chapter and the In- ternational Fire Code shall be charged in accordance with the City of Renton Fee Schedule Brochure. 13. Subsection 105.6.16, Flammable and combustible liquids, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 105.6.16 Flammable and combustible liquids. An operational permit is re- quired: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it ap- ply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building or in excess of ten (10) gal- lons (37.9L) outside of a building, ex- cept that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motor- boat, mobile power plant or mo- bile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. 2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for mainte- nance, painting or similar pur- poses for a period of not more than thirty (30) days. 3. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95L) in a building or in excess of sixty (60) gal- 4-5-070C (Revised 8/14)5 - 18.28 lons (227L) outside a building, except for fuel oil used in connection with oil- burning equipment in single-family and duplex dwellings. 4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel- dispensing facilities or where con- nected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 6. To operate tank vehicles, equip- ment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liquids are produced, processed, transported, stored, dis- pensed or used. 7. To place temporarily out of ser- vice (for more than ninety (90) days) an underground, protected above- ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of mo- tor vehicles at commercial, industrial, governmental or manufacturing es- tablishments. 11. To utilize a site for the dispens- ing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equip- ment at commercial, industrial, gov- ernmental or manufacturing establishments. 14. Subsection 105.6.23, Hot work oper- ations, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 105.6.23 Hot works operations. An op- erational permit is required for hot work including, but not limited to: 1. Public exhibitions and demon- strations where hot work is con- ducted. 2. Use of portable hot work equip- ment inside a structure. Exception deleted. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This pro- gram allows approved personnel to regulate their facility’s hot work oper- ations. The approved personnel shall be trained in the fire safety aspects denoted in this Chapter and shall be responsible for issuing permits re- quiring compliance with the require- ments found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. 15. Subsection 105.6.34, Places of As- sembly, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 105.6.34.1 Temporary place of assem- bly/special event permit. An opera- tional permit is required for any special 4-5-070C 5 - 18.29 (Revised 8/14) event where three hundred (300) or more people will congregate, either outdoors or indoors, in other than a Group A Occu- pancy. 16. Subsection 105.7.9, Hazardous mate- rials, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 105.7.9 Hazardous materials. A con- struction permit is required to install, re- pair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work per- formed on an emergency basis, applica- tion for permit shall be made within two (2) working days of commencement of work. 17. Subsection 107.1, Maintenance of safeguards, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 107.1.1 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire and Emergency Services Department is dis- patched, a report of the false alarm will be recorded for the building or area affected. For the first, second and third false alarm within a calendar year, no fee will be as- sessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule Bro- chure. 18. Subsection 108.1, Board of appeals established, of the International Fire Code, 2012 Edition, is hereby amended by chang- ing the title to “Hearing Examiner,” and amended to read as follows: 108.1 Hearing Examiner. In order to hear and decide appeals of orders, deci- sions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hear- ing Examiner process established by the City of Renton shall have authority. 19. Subsection 108.3, Qualifications, of the International Fire Code, 2012 Edition, is hereby deleted. 20. Subsection 109.3, Notice of violation, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 109.3 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 21. Subsection 109.3.1, Service, of the In- ternational Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 109.3.1.1 Reinspection. Whenever the Fire and Emergency Services Depart- ment has given notification of a violation that required a reinspection and thirty (30) days have expired with such condi- tion or violation still in existence, a “Sub- sequent Reinspection” will be required. 109.3.1.2 Reinspection Fee. Any Sub- sequent Reinspection, after the original thirty (30) days period of time, shall re- quire the payment of a reinspection fee as specified in the City of Renton Fee Schedule Brochure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This rein- spection fee must be paid within ten (10) days of the notice for the reinspection. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an ex- tension of said thirty (30) day period for a reasonable period to be established by the Fire Code Official to allow such time 4-5-070C (Revised 8/14)5 - 18.30 for compliance. The request for an exten- sion must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 22. Subsection 109.3.2, Compliance with orders and notices, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 109.3.2.1 Notice and Responsibility. Whenever the infraction, condition or vio- lation involves the structural integrity of the building, then the notice of the infrac- tion, condition or violation shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code so as to remedy the infrac- tion, condition or violation require addi- tions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infrac- tion, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. Should the occupant not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the prem- ises. 23. Subsection 109.4, Violation Penal- ties, of the International Fire Code, 2012 Edi- tion, is hereby amended to read as follows: 109.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the re- quirements thereof or who shall erect, in- stall, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provi- sions of this code, shall be guilty of a mis- demeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070.C.43 and 100. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 24. Subsection 111.4, Failure to comply, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, ex- cept such work as that person is directed to perform to remove a violation or un- safe condition, shall be guilty of a misde- meanor, subject to RMC 1-3-1. 25. Section 202, General Definitions, of the International Fire Code, 2012 Edition, is hereby amended by changing the definitions of “Fire Chief” and “Fire Code Official” to read as follows: FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR. The administrator charged with the overall direction and oversight of the City of Renton’s emer- gency services including community risk reduction, fire/rescue services, emer- gency medical services and emergency management, and shall include all refer- ences in this code to the “fire chief.” FIRE CODE OFFICIAL. The Fire Chief/ Emergency Services Administrator, who shall be the chief law enforcement officer with respect to this code. 26. Section 202, General Definitions, of the International Fire Code, 2012 Edition, is hereby amended by adding the following defi- nitions: AUTOMATED EXTERNAL DEFIBRIL- LATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. SHALL. The word “shall” is defined to have the following meaning: a. With respect to the functions and powers of the Fire Code Official, any agents and employees of the City of Renton, and any Board authorized hereunder, a direction and authoriza- tion to act in the exercise of sound discretion and in good faith; and 4-5-070C 5 - 18.31 (Revised 8/14) b. With respect to the obligations upon owners, occupants of the prem- ises and their agents, there is a man- datory requirement to act in compliance with this code at the risk of civil and criminal liability upon fail- ure to so act. SKY LANTERN. Miniature, unmanned air balloon that relies on an open flame as a heat source to heat the air inside the lantern with the intention of causing it to lift into the atmosphere. Typically made of rice paper, and has a fuel cell in the open- ing. SPECIAL EVENT. For the purposes of this code, events that have large occu- pant loads or create a potential hazard to the participants or the community shall be defined as a “special event” including: a. Any event that occurs in a per- mitted place of assembly that intro- duces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assem- bly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assem- bly. TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as “Assem- bly Group A” that is used for activities normally restricted to assembly occupan- cies and limited to a period of less than thirty (30) calendar days of assembly use. 27. Subsection 307.1, General, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Depart- ment of Ecology regulations. 28. Subsection 307.2, Permit required, of the International Fire Code, 2012 Edition, is hereby deleted. 29. Section 308, Open Flames, of the In- ternational Fire Code, 2012 Edition, is hereby amended to add a new subsection 308.5, Sky Lanterns, to read as follows: 308.5 Sky Lanterns. The lighting and/or release of sky lanterns or like materials shall be prohibited in the City of Renton. 30. Subsection 314.4, Vehicles, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 314.4 Vehicles. Liquid or gas-fueled ve- hicles, fueled equipment, boats or other motor craft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not ex- ceed one-quarter (1/4) tank or five (5) gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tamper- ing. 4. Vehicles, boats, other motor craft equipment, and fueled equipment are not fueled or defueled within the building. 31. Subsection 401.3, Emergency re- sponder notification, of the International Fire Code, 2012 Edition, is hereby amended by changing the title to “Emergency services notification,” and to read as follows: 401.3 Emergency services notifica- tion. In the event an unwanted fire, med- ical emergency, or hazardous material release occurs on a property, the owner or occupant shall immediately report such condition to the Fire and Emer- gency Services Department. Building employees and tenants shall implement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire, medical emergency, or 4-5-070C (Revised 8/14)5 - 18.32 hazardous material release to the Fire and Emergency Services Department. 401.3.1 Making false report. It shall be unlawful for a person to give, sig- nal, or transmit a false alarm. 401.3.2 Alarm activations. Upon activation of a fire alarm signal, em- ployees or staff shall immediately no- tify the Fire and Emergency Services Department. 401.3.3 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emer- gency evacuation drill in accordance with the provisions of Section 405. 32. Subsection 408.2, Group A occupan- cies, of the International Fire Code, 2012 Edi- tion, is hereby amended by adding new subsections to read as follows: 408.2.3 Automated External Defibrilla- tors (AED). Group A-1 through A-5 occu- pancies and special events, with an occupancy load or event of three hun- dred (300) or more persons, shall have available and maintain an AED on the premises. 408.2.3.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 408.2.3.2 Notification. The Fire and Emergency Services Department shall be notified in writing of the in- stallation and location of an AED on the premises. 408.2.3.3 AED Maintenance. AEDs shall be maintained as per the manu- facturer’s requirements. 408.2.3.4 Automated External De- fibrillator (AED) Training. Where AEDs are required by this code, em- ployees shall be trained in the use of and be familiar with the locations of the AEDs. 33. Subsection 408.5, Group I-1 occu- pancies, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 408.5 Group I-1 occupancies. Group I- 1 occupancies shall comply with the re- quirements of Subsections 408.5.1 through 408.5.5, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 34. Subsection 408.6, Group I-2 occu- pancies, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 408.6 Group I-2 occupancies. Group I- 2 occupancies shall comply with the re- quirements of Subsections 408.6.1 through 408.6.2, Sections 401 through 406 and Subsections 408.12 through 408.12.8. Drills are not required to com- ply with the time requirements of Subsec- tion 405.4. 35. Subsection 408.7, Group I-3 occu- pancies, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 408.7 Group I-3 occupancies. Group I- 3 occupancies shall comply with the re- quirements of Subsections 408.7.1 through 408.7.4, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 36. Section 408, Use and Occupancy-Re- lated Requirements, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection to read as follows: 408.12 Boarding homes and residen- tial care facilities (I-1, I-2, I-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by Washington State Administrative Code subsection 388-97- 0001 shall comply with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding homes by Wash- ington State Administrative Code subsec- tion 388-78A-2020 shall comply with Subsections 408.12.1 through 408.12.5 for those residents who are unable to care for themselves because of special 4-5-070C 5 - 18.33 (Revised 8/14) needs due to health or age. Boarding homes shall comply with Subsections 408.12.6 through 408.12.8 regardless of the capabilities of their residents. R-2 and R-4 occupancies that do not fall under the State definition of boarding homes (Washington Administrative Code sub- section 388-78A-2020) are exempt from requirements under Subsection 408.12. 408.12.1 Receiving facilities. The fire safety, emergency and evacua- tion plans must include memoranda of understanding (MOU) with appro- priate facilities that can receive resi- dents with special needs if the host facility must be evacuated. 408.12.2 Transportation agree- ments. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with transportation companies or ser- vices to provide sufficient transporta- tion resources for residents with special needs and their attending staff in the event of an evacuation. 408.12.3 Residential tracking. The fire safety, emergency and evacua- tion plans must include provisions for tracking residents with special needs in the event of an evacuation. The fa- cility must be able to account for each resident’s method of transpor- tation and destination including resi- dents who are picked up by non-staff members, even if a transfer of care occurs after the resident’s arrival at a secondary facility. 408.12.4 Medications and medical equipment. The fire safety, emer- gency and evacuation plan must in- clude provisions for transporting medications and essential medical equipment for residents to the receiv- ing location in the event of an evacu- ation. 408.12.5 Access to patient medical records. Staff must have access to patient medical records and informa- tion in the event of a disaster or emergency. It is the responsibility of the facility operators to arrange for secure records storage to access vi- tal medical records even if residents or patients have been evacuated to a secondary facility. 408.12.6 Emergency communica- tions. The facility must maintain the ability to receive emergency warn- ings and public information mes- sages even during a power outage. A NOAA weather radio along with a battery operated AM/FM radio pro- vides sufficient warning and informa- tion capability to meet this requirement. The facility must have an emergency communications plan to communicate with off-site staff to inform them of the facility’s status, evacuations, or a need for increased staffing levels if normal modes of communication are not operational. The emergency communications plan will also address communica- tion with the families of residents re- garding residents’ status, location and safety when the resident is un- able to carry out communications on their own. 408.12.7 Environment. The facility must have a plan and readily acces- sible provisions to maintain a safe temperature environment and ade- quate ventilation for residents in the event of a utility or equipment out- age. The facility must also provide non-flame sources of lighting suffi- cient to keep residents safe when moving around the facility. Candles or other flame sources of heat and light are not approved due to the in- creased risk of fire. 408.12.8 Supplies. The facility must have a minimum of a three (3) day supply of non-perishable food, water, medical, hygiene, sanitation and other supplies necessary to provide a safe environment and sustain the life, health, and comfort of the resi- dents and the staff that care for them. All supplies must fit the dietary and medical needs of residents and staff. The supplies should also be trans- ported to the receiving facility during an evacuation if the availability of the 4-5-070C (Revised 8/14)5 - 18.34 necessary supplies cannot be guar- anteed at the secondary location. Exception: If there is backup power for refrigeration, the three (3) days’ supply of food may be stored in any form. 37. Subsection 503.1, Where required, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsec- tions 503.1.1 through 503.2. 38. Subsection 503.1.2, Additional ac- cess, of the International Fire Code, 2012 Edition, is hereby amended to add a new sub- section, to read as follows: 503.1.2.1 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-060.H.5) 39. Subsection 503.2, Specifications, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 503.2 Specifications. Fire apparatus ac- cess roads shall be installed and ar- ranged in accordance with RMC 4-4-080 and 4-6-060. 40. Subsection 503.4, Obstruction of fire apparatus access roads, of the Interna- tional Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 503.4.1 Enforcement. The Fire and Emergency Services Department may is- sue non-traffic citations to vehicles parked in a fire lane or blocking a fire hy- drant in accordance with the Bail Sched- ule established by Renton Municipal Court. The application of the above pen- alty shall not be held to prevent the en- forced removal of prohibited conditions. 41. Subsection 505.1, Address numbers, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsec- tions, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visi- ble, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses – four inches (4"). 2. Multi-family residential, commer- cial, or small business: fifty feet (50') or less setback – six inches (6"); more than fifty feet (50') setback – ten inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback – eighteen inches (18"); more than one hundred feet (100') setback – twenty-four inches (24"). 505.1.2 Rear Door Marking. When vehi- cle access is provided to the rear of com- mercial, industrial and warehouse buildings, the rear doors servicing indi- vidual businesses shall be marked to in- dicate address and/or unit identification with letters or numbers at least four inches (4") high. 505.1.3 Suite numbers. Buildings con- sisting of separate suites with the same building address shall have their suite number marked so that the suite is read- ily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an in- terior hall or corridor shall have letter- ing at least one inch (1") high. 42. Subsection 507.5.1, Where required, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 507.5.1 Where required. Where a por- tion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than one hundred fifty feet (150') from a hydrant on a fire appa- ratus access road, as measured by an approved route around the exterior of the 4-5-070C 5 - 18.35 (Revised 8/14) facility or building, on-site fire hydrants and mains shall be provided where re- quired by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U oc- cupancies, the distance requirement shall be three hundred feet (300'). 2. Deleted. 43. Section 510, Emergency Responder Radio Coverage, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 510.1 Purpose. The purpose of this sec- tion is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and struc- tures within the City to and from emer- gency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 510.2 Applicability. This section applies to new construction permits issued after the effective date of this section. A Certif- icate of Occupancy shall not be issued to any structure if the building fails to com- ply with this section. 510.3 Building radio coverage. Except as otherwise provided, no person shall maintain, own, erect, or construct any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, includ- ing but not limited to firefighters and po- lice officers. For purposes of this section, adequate radio coverage shall mean that the in-building radio coverage is sufficient to pass the testing procedures set forth in this section. Permits to install any In- Building Radio System will require a con- struction permit issued by the City of Renton Development Services Division. 510.4 Exceptions. This section shall not apply to the following: 510.4.1 Existing buildings or struc- tures unless undergoing renovation. 510.4.2 Single-family and duplex residential buildings. 510.4.3 Structures that are fifty thou- sand (50,000) square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these re- quirements. 510.4.4 Wood-constructed residen- tial structures four (4) stories or less without subterranean storage or parking. 510.4.5 Buildings constructed prior to the implementation of this section shall not be required to comply with public safety radio coverage provi- sions of this section. However, should exempted structures undergo renovations, restoration, significant modifications or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provi- sions of this section shall not apply. 510.5 Adequate radio coverage. Mini- mum signal strength of three (3) micro volts shall be available in ninety-five per- cent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers when transmitted from the Regional 800 MHz Radio System. 510.6 Minimum signal strength. Mini- mum signal strength of one (1) micro volts received by the Regional 800 MHz Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the pri- mary recall floor), stair shafts and Fire Command Centers. 510.7 Frequency range. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as deter- 4-5-070C (Revised 8/14)5 - 18.36 mined by the regional Radio System operator in all areas of the building. Measurements in buildings for the purpose of this section shall be to a portable radio of the type the City and the 911 system then currently utilize. The Community and Economic De- velopment Administrator may desig- nate alternate methods of measuring the signal level, which satisfy appro- priate levels of public safety grade coverage. 510.7.2 The amplification system must be capable of future modifica- tions to a frequency range subse- quently established by the City. If the system is not capable of modification to future frequencies, then a new system will need to be installed to ac- commodate the new frequency band. 510.8 Testing procedures. 510.8.1 When an in-building radio system is required, and upon com- pletion of installation, it will be the building owner’s responsibility to have the radio system tested to en- sure that two-way coverage on each floor of the building is a minimum of ninety-five percent (95%). All testing shall be conducted by a technician in possession of a current FCC license, or a technician certified by the Asso- ciated Public-Safety Communica- tions Officials International (APCO) or the Personal Communications In- dustry Association (PCIA). All testing shall be done in the presence of the special inspector for the City. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. In such event, a maxi- mum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, the building owner shall have the system altered to meet the ninety-five percent (95%) cover- age requirement. 510.8.2 The test required by this sec- tion shall be conducted using a porta- ble radio of the type the City and the 911 system then currently utilize. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communica- tions to and from the outside of the building through the 911 system. Once the center spot has been se- lected, prospecting for a better spot within the grid area will not be permit- ted. 510.8.3 The gain values of all ampli- fiers shall be measured and the test measurement results shall be pro- vided to the building owner, and shall be kept on file with the building owner in the building. The measurements can be compared and verified each year during the owner’s annual tests, as provided herein. In the event that the measurement results become lost, the building owner shall notify the Building Code Official who will cause a rerun of the acceptance test to establish the gain value. 510.8.4 When an in-building radio system is required, the building owner shall cause a technician in possession of a current FCC license, or a technician certified by the APCO or the PCIA, to test all active compo- nents of the system, including but not limited to amplifiers, power supplies and backup batteries, a minimum of once every twelve (12) months. Am- plifiers shall be tested to ensure that the gain remains the same as that found upon initial installation and ac- ceptance. Backup batteries and power supplies shall be tested under load for a one (1) hour test period. In the opinion of the testing technician, if the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the in- tegrity of the battery. All other active components shall be checked to de- 4-5-070C 5 - 18.37 (Revised 8/14) termine that they are operating within the manufacturer’s specifications for the intended purpose. The technician shall prepare a written report docu- menting the test findings, and the building owner shall provide the Community and Economic Develop- ment Administrator with a copy within ten (10) days of completion of test- ing. 510.8.5 Each building owner shall submit at least one (1) field test, or as determined by the Community and Economic Development Administra- tor, whenever structural changes oc- cur to the building that would materially change the original field performance tests by a consultant approved by the Community and Economic Development Administra- tor. The performance test shall in- clude, at minimum, a floor plan and the signal strength in various loca- tions of the building. 510.9 Amplification systems allowed. 510.9.1 Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable sys- tem and/or an internal multiple an- tenna system with FCC type accepted bi-directional 800 MHz am- plifiers, or systems otherwise ap- proved by the Community and Economic Development Administra- tor in order to achieve the required adequate radio coverage. 510.9.2 If any part of the installed system or systems contains an elec- tronically powered component, the installed system or systems shall be capable of operating on an indepen- dent battery system for a period of at least twelve (12) hours without exter- nal power input. The battery system shall automatically charge in the presence of external power input. 510.9.3 Amplification equipment must have adequate environmental controls to meet the heating, ventila- tion, cooling and humidity require- ments of the equipment that will be utilized to meet the requirements of this code. The area where the ampli- fication equipment is located also must be free of hazardous materials such as fuels, asbestos, etc. All com- munications equipment including amplification systems, cable and an- tenna systems shall be grounded with a single point ground system of five (5) ohms or less. The ground system must include an internal tie point within three feet (3') of the am- plification equipment. System tran- sient suppression for the telephone circuits, AC power, radio frequency cabling and grounding protection are required as needed. 510.9.4 A public safety radio amplifi- cation system shall include filters to reject frequencies below eight hun- dred fifty-one (851) MHz and fre- quencies above eight hundred sixty (860) MHz by a minimum of thirty-five (35) dB. 510.9.5 The following information shall be provided to the Community and Economic Development Admin- istrator by the builder: A blueprint showing the location of the amplifica- tion equipment and associated an- tenna systems which includes a view showing building access to the equipment, and schematic drawings of the electrical, backup power, an- tenna system and any other associ- ated equipment relative to the amplification equipment including panel locations and labeling. 510.10 Approved prior to installation. No amplification system capable of oper- ating on frequencies used by the Re- gional 800 MHz Radio System shall be installed without prior coordination and approval of the radio system licensee (Valley Communications) and any such system must comply with any standards adopted by the King County Regional Communications Board. 510.11 Noncompliance. After discovery and notice of noncompliance, the build- ing owner is provided six (6) months to 4-5-070C (Revised 8/14)5 - 18.38 remedy the deficiency and gain compli- ance. 510.12 Penalties. Any person violating any of the provisions of the section shall be subject to penalties in accordance with the general penalty provisions of RMC 1-3-1. In addition, any building or structure which does not meet the re- quirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equita- ble remedies to abate said nuisance in accordance with RMC 1-3-3. 510.13 Severability. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, distinct, and inde- pendent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 5676, 12-3-2012) 44. Subsection 602.1, Definitions, of the International Fire Code, 2012 Edition, is hereby amended by adding the following defi- nition: POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 45. Subsection 604.2, Where required, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Subsections 604.2.1 through 604.2.20. 46. Subsection 604.2, Where required, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 604.2.19 Group I-1 and Group I-2 Nurs- ing Home Occupancies. In addition to specific requirements listed elsewhere in the codes referenced in Subsection 102.6, approved manually switched standby power systems in new Group I-1 and I-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. 2. Communications and alarm sys- tems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. Existing Group I-1 and I-2 occupan- cies and boarding homes will have two (2) years from the effective date of the ordinance codified in this sec- tion to comply with this subsection. 604.2.20 Automotive Fuel Dispensing Facilities. All new commercial fuel dis- pensing facilities shall be provided with an approved standby power system to provide power to facilitate maintaining fuel dispensing during local power out- ages or disaster. 47. Subsection 605.10, Portable, electric space heaters, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 605.10.5 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved liquid-filled portable heaters. 48. Subsection 806.1.1, Restricted Occu- pancies, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 806.1.1 Restricted occupancies. Natu- ral cut trees shall be prohibited in Group A, E, I-1, I-2, I-3, I-4, M, R-1, R-2 provid- ing licensed care to clients in one of the categories listed in IBC section 310.1 li- 4-5-070C 5 - 18.39 (Revised 8/14) censed by Washington State and R-4 oc- cupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees treated with a flame retar- dant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. 3. Trees shall be allowed within dwelling units in Group R-2 occupan- cies. 49. Chapter 8, Interior Finish, of the Inter- national Fire Code, 2012 Edition, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Sub- sections 809.1 and 809.2. 809.1 Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2 Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame re- tardant. 50. Subsection 901.5.1, Occupancy, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved. All accep- tance tests shall be witnessed by the Fire and Emergency Services Department prior to occupancy being granted. 51. Subsection 901.6, Inspection, testing and maintenance, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 901.6.3 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke re- moval systems, air replenishment sys- tems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be serviced every six (6) months. Documen- tation of such servicing shall be provided as indicated in Subsection 901.6. 901.6.4 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flamma- ble, combustible liquids and/or hazard- ous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be for- warded to the Fire and Emergency Ser- vices Department indicating each system has been tested and functions as re- quired. 52. Subsection 903.2, Where required, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2 Where required. Approved auto- matic sprinkler systems in new buildings and structures shall be provided in the lo- cations described in this section. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. 4-5-070C (Revised 8/14)5 - 18.40 Exception: 1. One-time additions to Interna- tional Building Code Group R-3 oc- cupancies of up to five hundred (500) square feet are permitted without compliance with this section. 2. Single-family and duplex dwell- ings and townhouses built in compli- ance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. When not required by other provi- sions of this chapter, a fire-extin- guishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.2, 506.3 and Table 601 of the Building Code. 53. Subsection 903.2.1.1, Group A-1, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi- theater complex. 54. Subsection 903.2.1.2, Group A-2, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of one hundred (100) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 55. Subsection 903.2.1.3, Group A-3, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 56. Subsection 903.2.1.4, Group A-4, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 57. Subsection 903.2.1.5, Group A-5, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use ar- 4-5-070C 5 - 18.41 (Revised 8/14) eas in excess of one thousand (1,000) square feet. 58. Subsection 903.2.2, Group B ambula- tory health care facilities, of the Interna- tional Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be in- stalled throughout all fire areas contain- ing an ambulatory care facility where either of the following conditions exists at any time: 1. Four (4) or more care recipients are incapable of self-preservation, whether rendered incapable by staff or staff has accepted responsibility for care recipients already incapable. 2. One (1) or more care recipients who are incapable of self-preserva- tion are located at other than the level of exit discharge serving such a facility. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor where such care is provided as well as all floors below, and all floors between the level of ambulatory care and the nearest level of exit discharge, includ- ing the level of exit discharge. 59. Subsection 903.2.3, Group E, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.3 Group E. An approved auto- matic sprinkler system shall be provided for Group E occupancies as follows: Exceptions: 1. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. 2. Throughout every portion of educa- tional buildings below the lowest level of exit discharge serving that portion of the building. 3. Portable school classrooms, pro- vided the aggregate area of any clusters of portable school classrooms does not exceed five thousand (5,000) square feet, and clusters of portable school classrooms shall be separated as re- quired by the Building Code. 60. Subsection 903.2.4, Group F-1, of the International Fire Code, 2012 Edition, is hereby amended by changing the title to “Group B, F and S Occupancies,” and to read as follows: 903.2.4 Group B, F and S Occupan- cies. An automatic sprinkler system shall be provided throughout all buildings con- taining a Group B, F or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking opera- tions. An automatic sprinkler system shall be provided throughout all group F-1 occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 61. Subsection 903.2.5, Group H, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard clas- sifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a 4-5-070C (Revised 8/14)5 - 18.42 corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). 903.2.5.3 Pyroxylin plastics. An au- tomatic sprinkler system shall be pro- vided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufac- tured, stored or handled in quantities exceeding one hundred (100) pounds. 62. Subsection 903.2.6, Group I, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system installed in accordance with Subsec- tion 903.3.1.2 shall be permitted in Group I-1 facilities. 2. An automatic sprinkler system installed in accordance with Subsec- tion 903.3.1.3 shall be allowed in Group I-1 facilities when in compli- ance with all of the following: 2.1. A hydraulic design infor- mation sign is located on the sys- tem riser; 2.2. Exception 1 of Subsection 903.4 is not applied; and 2.3. Systems shall be main- tained in accordance with the re- quirements of Subsection 903.3.1.2. 3. An automatic sprinkler system is not required where day care facilities are at the level of exit discharge and where every room where care is pro- vided has at least one (1) exterior exit door. 4. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an auto- matic sprinkler system in accordance with Subsection 903.3.1.1 shall be installed on the entire floor where care is provided and all floors be- tween the level of care and the level of exit discharge, and all floors below the level of exit discharge, other than areas classified as an open parking garage. 63. Subsection 903.2.7, Group M, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occu- pancy where one (1) of the following con- ditions exists: 1. Where a Group M gross floor area exceeds five thousand (5,000) square feet. 2. Where a Group M fire area is lo- cated more than three (3) stories above grade. 3. Where the combined area of all Group M fire areas on all floors, in- cluding any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mat- tresses exceeds five thousand (5,000) square feet. 64. Subsection 903.2.8, Group R, of the International Fire Code, 2012 Edition, is TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 Corridors Ordinary Hazard Group 2 4-5-070C 5 - 18.43 (Revised 8/14) hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Sub- section 903.3 shall be provided through- out all buildings with a Group R fire area. 903.2.8.1 Group R-3 or R-4 congre- gate residences. An automatic sprinkler system installed in accor- dance with Subsection 903.3.1.3 shall be permitted in Group R-3 or R- 4 congregate living facilities with six- teen (16) or fewer residents. 903.2.8.2 Care facilities. An auto- matic sprinkler system installed in ac- cordance with Subsection 903.3.1.3 shall be permitted in care facilities with five (5) or fewer individuals in a single-family dwelling. 903.2.8.3 Group R-3 Occupancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. 903.2.8.4 Dwellings. When pro- posed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings sep- arated by one (1) or more firewalls will not be considered a separate building. 65. Subsection 903.2.9, Group S-1, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.9 Group S-1. An automatic sprin- kler system shall be provided throughout all buildings containing a Group S-1 oc- cupancy where one (1) of the following conditions exists: 1. A Group S-1 fire area exceeds five thousand (5,000) square feet. 2. A Group S-1 fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thou- sand (5,000) square feet. 4. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds two thousand five hundred (2,500) square feet (232 m2). 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all build- ings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair ga- rage exceeding five thousand (5,000) square feet. 3. Buildings with repair ga- rages servicing vehicles in base- ments. 4. A Group S-1 fire area used for the repair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires ex- ceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1. 4-5-070C (Revised 8/14)5 - 18.44 66. Subsection 903.2.10, Group S-2 en- closed parking garages, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: 1. Where the fire area of the en- closed parking garage exceeds five thousand (5,000) square feet; or 2. Where the enclosed parking ga- rage is located beneath other groups. Exception: Enclosed parking ga- rages located beneath Group R-3 oc- cupancies. 903.2.10.1 Commercial parking ga- rages. An automatic sprinkler sys- tem shall be provided throughout buildings used for storage of com- mercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 67. Subsection 903.2.11, Specific build- ing areas and hazards, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sub- sections 903.2.11.1 through 903.2.11.6. 903.2.11.1 Stories without open- ings. An automatic sprinkler system shall be installed throughout all sto- ries, including basements, of all buildings where the floor area ex- ceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located on the exterior wall of the story on at least one (1) side. The re- quired openings shall be distrib- uted so that the lineal distance between adjacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or frac- tion thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal dis- tance between adjacent open- ings does not exceed fifty feet (50'). The height of the bottom of the clear opening shall not ex- ceed forty-four inches (44”) (1,188 mm) measured from the floor. 903.2.11.1.1 Opening dimen- sions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be ac- cessible to the fire department from the exterior and shall not be obstructed in a manner that fire- fighting or rescue cannot be ac- complished from the exterior. 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy- five feet (75') from such open- ings, the story shall be equipped throughout with an approved au- tomatic sprinkler system or openings as specified above shall be provided on at least two (2) sides of the story. 903.2.11.1.3 Basements. Where any portion of a base- ment is located more than sev- enty-five feet (75’) (22,860 mm) from openings required by Sub- section 903.2.11.1, or where 4-5-070C 5 - 18.45 (Revised 8/14) walls, partitions or other obstruc- tions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an ap- proved automatic sprinkler sys- tem. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler sys- tem shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest in- take. Where a rubbish chute extends through a building more than one (1) floor below the lowest intake, the ex- tension shall have sprinklers in- stalled that are recessed from the drop area of the chute and protected from freezing in accordance with Subsection 903.3.1.1. Such sprin- klers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An auto- matic sprinkler system shall be in- stalled throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty- five feet (55') or more above the low- est level of fire department vehicle access. Exception: Airport control towers. 903.2.11.4 Ducts conveying haz- ardous exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazard- ous exhaust, flammable or combusti- ble materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in a com- mercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 903.2.11.6 Other required suppres- sion systems. In addition to the re- quirements of Subsection 903.2, the provisions indicated in Table 903.2.11.6 also require the installa- tion of a fire suppression system for certain buildings and areas. 68. Subsection 903.2.12, During con- struction, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.2.12 During construction. Auto- matic sprinkler systems required during construction, alteration and demolition operations shall be provided in accor- dance with Section 3313. 69. Subsection 903.2, Where required, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 903.2.13 Automatic Sprinkler Systems in New Buildings. 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprin- kler system is to be installed in all new buildings in excess of five thou- sand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprin- kler system shall be designed, in- stalled and tested as per Subsection 903.3. 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprin- kler system may be required by the Chief of the Fire and Emergency Ser- vices Department or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written documentation from a professional organization 4-5-070C (Revised 8/14)5 - 18.46 (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies that hazardous op- erations, hazardous contents, critical exposure problems, limited accessi- bility to the building or other items may contribute to a definite hazard. 903.2.14 Sprinkler Systems in Remod- eled Buildings. The requirements for the installation of fire protection sprinkler sys- tems in remodeled buildings shall be as indicated in Subsections 903.2.14.1 and 903.2.14.2. 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remod- eled or added onto, the remodeled or added on portion shall be fully sprin- klered. 903.2.14.2 Existing non-sprin- klered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thou- sand (5,000) square feet, then the entire structure shall be fully sprin- klered. All existing non-sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair ex- ceeds fifty percent (50%) of the build- ing valuation within a three (3) year period shall have a sprinkler system installed throughout. Valuation shall be determined from the King County Assessor records at the time of the first application for a permit. 70. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. 71. Subsection 903.4.2, Alarms, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprin- kler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water- flow alarm devices shall be activated by water flow equivalent to the flow of a sin- gle sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actu- ate the building fire alarm system. Exceptions: 1. With approval of the Fire Code Official, audible and visible alarm no- tification appliances may be omitted for approved residential sprinkler systems in single-family or duplex dwelling units if not otherwise specif- ically required. 2. Alarms are not required for ap- proved domestically supplied local systems with ten (10) heads or less per building. 72. Subsection 903.4.3, Floor Control Valves, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R Systems. 73. Section 903, Automatic Sprinkler Systems, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R and any 13D systems serving five 4-5-070C 5 - 18.47 (Revised 8/14) (5) or more dwelling units, sprinkler sys- tem risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two- family residences or townhome sprinkler systems with four (4) units or less. 74. Subsection 904.11, Commercial cooking systems, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 904.11 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and ex- haust systems of the type and arrange- ment protected. Pre-engineered automatic dry- and wet-chemical extin- guishing systems shall be tested in ac- cordance with UL 300 and listed and labeled for the intended application. Ex- isting suppression systems not in compli- ance shall be replaced with a conforming system whenever any of the following oc- curs: • Any modifications are made to the structure of the kitchen hood. • Re-arrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be ser- viced due to the lack of available manufacturer’s listed parts. • Lard or animal fats are replaced with one (1) or more cooking medium that operates at higher temperatures than the suppression system was de- signed and tested for in the UL list- ing. If the manufacturer’s original listing was conducted using animal fats, the busi- ness owner shall provide a letter to the Renton Fire and Emergency Services Department certifying that the cooking system will only be used with animal fats. A sign with three inches (3") high letters stating “Animal Fat Oils Only” shall be in- stalled on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated within two (2) years from the effective date of the ordi- nance codified in this chapter. Other types of automatic fire-extinguish- ing systems shall be listed and labeled for specific use as protection for commer- cial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer’s installa- tion instructions. Automatic fire-extin- guishing systems of the following types shall be installed in accordance with the referenced standard indicated, as fol- lows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 4. Dry-chemical extinguishing sys- tems, NFPA 17. 5. Wet-chemical extinguishing sys- tems, NFPA 17A. 75. Subsection 905.3.1, Height, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 905.3.1 Height. Class III standpipe sys- tems shall be installed throughout build- ings where the floor level of the highest story is located more than twenty feet (20') above the lowest level of the Fire and Emergency Services Department ve- hicle access, or where the floor level of the lowest story is located more than twenty feet (20') below the highest level of Fire and Emergency Services Depart- ment vehicle access. Exceptions: 1. Class I standpipes are allowed in buildings equipped throughout with 4-5-070C (Revised 8/14)5 - 18.48 an automatic sprinkler system in ac- cordance with Subsection 903.3.1.1 or 903.3.1.2. 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire and Emergency Services Depart- ment vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing tempera- tures, provided that the hose connec- tions are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. 5. Group R-3 does not require standpipes. 76. Subsection 905.3, Required installa- tions, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 905.3.9 High-Rise Building Stand- pipes. Standpipe risers shall be combi- nation standpipe/sprinkler risers using a minimum pipe size of six inches (6") di- ameter. Two (2) two and one-half inches (2-1/2") hose connections shall be pro- vided on every intermediate floor level landing in every required stairway unless otherwise approved by the Fire Code Of- ficial. Where pressure reduction valves (PRV) are required, each hose connec- tion shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hun- dred fifty (150) psi (maximum two hun- dred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 77. Subsection 905.8, Dry standpipes, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. 78. Subsection 907.1.3, Equipment, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are in- stalled. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate indi- vidual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 79. Subsection 907.2.2, Group B, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: 1. Those having an occupant load of five hundred (500) or more per- sons or more than one hundred (100) persons above or below the lowest level of exit discharge. 2. Those that are two (2) or more stories in height or three thousand (3,000) square feet or more in area. 3. The fire area contains an ambu- latory care facility. Exception: Deleted. 80. Subsection 907.2.3, Group E, of the International Fire Code, 2012 Edition, is hereby amended by deleting Exception num- ber 2. 81. Subsection 907.2.4, Group F, of the International Fire Code, 2012 Edition, is hereby amended by deleting the Exception. 82. Subsection 907.2.7, Group M, of the International Fire Code, 2012 Edition, is 4-5-070C 5 - 18.49 (Revised 8/14) hereby amended by deleting Exceptions number 1 and 2. 83. Subsection 907.2.8.1, Manual Fire Alarm System, of the International Fire Code, 2012 Edition, is hereby amended by deleting Exceptions 1 and 2. 84. Subsection 907.2.9, Group R-2, of the International Fire Code, 2012 Edition, is hereby amended by deleting Exceptions 1, 2, and 3. 85. Subsection 907.2.9, Group R-2, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsec- tion, to read as follows: 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the com- plex, including recreation and/or day- care buildings, shall be provided with ap- proved fire alarm systems regardless of size. The buildings within the complex shall have each building monitored by an approved central station. 86. Subsection 907.2, Where required – New buildings and structures, of the Inter- national Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An ap- proved total coverage addressable man- ual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of to- tal floor area. Exception: For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 87. Subsection 907.8.5, Maintenance, in- spection and testing, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as fol- lows: 907.8.5.1 Nonconforming alarm sys- tems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy be- ing granted. 88. Subsection 914.3, High-rise build- ings, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 914.3.8. 89. Subsection 914.3, High-rise build- ings, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, to read as follows: 914.3.7 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an ad- equate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustain- ing air equipment carried by Fire and Emergency Services Department, rescue and other personnel in the performance of their duties. Location of access sta- tions, as well as installation and mainte- nance of the air replenishment systems, shall meet the requirements as deter- mined by the Fire Code Official. A speci- fications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Renton Fire and Emergency Services Department will be made available by the Fire Code Official. 914.3.8 Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabi- nets, devices, hoses and related equip- ment shall be furnished by the building 4-5-070C (Revised 8/14)5 - 18.50 owner. All such equipment and the spe- cific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire and Emergency Services De- partment and equipment replaced by the building owner or his/her representative at the appropriate service life. 90. Subsection 1103.7.6, Group R-2, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 1103.7.6 Group R-2. A manual and auto- matic fire alarm system that activates the occupant notification system in accor- dance with Subsection 907.6 shall be in- stalled in existing Group R-2 occupancies more than three stories in height or with more than sixteen (16) dwelling or sleeping units. Exceptions: 1. Where each living unit is sepa- rated from other contiguous living units by fire barriers having a fire-re- sistance rating of not less than three quarters (0.75) of an hour, and where each living unit has either its own in- dependent exit or its own indepen- dent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an ap- proved supervised automatic sprin- kler system installed in accordance with Subsection 903.3.1.1 or 903.3.2.2 and having a local alarm to notify all occupants. 3. A fire alarm system is not re- quired in buildings that do not have interior corridors serving dwelling units and are protected by an ap- proved automatic sprinkler system installed in accordance with Subsec- tion 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening di- rectly to an exterior exit access that leads directly to the exits or are served by open-ended corridors de- signed in accordance with Subsec- tion 1026.6, Exception 4. 91. Section 3317, Safeguarding roofing operations, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 3317.1 General. Roofing operations uti- lizing heat-producing systems or other ig- nition sources shall be conducted in accordance with Subsections 3317.2 through 3317.4 and Chapter 35. 3317.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accor- dance with Section 303. 3317.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose porta- ble fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 3317.4 Fire Safety. The roofing contrac- tor shall notify the Fire and Emergency Services Department before leaving the site of torch-applied roofing system and report each day’s completion and the presence of any hot spots or fires that were suppressed during the roofing pro- cess. 92. Subsection 5001.5, Permits, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows: 5001.5 Permits. Permits shall be re- quired as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to per- manently close a storage, use, or han- dling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accor- dance with Subsection 5001.6.3. 4-5-070C 5 - 18.51 (Revised 8/14) All new installations and/or modifications or additions to existing systems shall re- quire plan review and permit fees as stip- ulated in the City of Renton Fee Schedule Brochure. 93. Subsection 5003.2.6, Maintenance, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 5003.2.6 Maintenance. In addition to the requirements of Subsection 5003.2.3, equipment, machinery, and required de- tection and alarm systems associated with hazardous materials shall be main- tained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or dis- posed of in an approved manner. Defec- tive equipment or machinery shall be removed from service and repaired or re- placed. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in connection with hazardous mate- rials shall be certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire and Emergency Services De- partment indicating the system has been tested and functions as required. 94. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 2703.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 5003.9.1 through 5003.9.11. 95. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2012 Edition, is hereby amended to add a new subsection, to read as follows: 5003.9.11 Manufacturer’s limitations. The storage and use of hazardous mate- rials shall not exceed the manufacturer’s limitations on shelf life and any other re- strictions on use. 96. Subsection 5601.1, Scope, of the In- ternational Fire Code, 2012 Edition, is hereby amended to read as follows:1 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. The indoor use of pyrotechnics in the per- forming arts in conjunction with theatrical, musical, or similar productions before a proximate audience, performers, or sup- port personnel as allowed by WAC 212- 17-350, is hereby prohibited. Exceptions: 1. The Armed Forces of the United States, Coast Guard or National Guard. 2. Explosives in forms prescribed by the official United States Pharma- copoeia. 3. The possession, storage and use of small arms ammunition when packaged in accordance with DOTn packaging requirements. 4. The possession, storage and use of not more than one (1) pound (0.454 kg) of commercially manufac- tured sporting black powder, twenty (20) pounds (9 kg) of smokeless powder and ten thousand (10,000) small arms primers for hand loading of small arms ammunition for per- sonal consumption. 5. The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. 1. Code reviser’s note: Section 4 of Or- dinance 5712 provides: “This ordinance shall be effective upon its passage, ap- proval, and thirty (30) days after publica- tion, with the sole exception of SECTION II.C.96.Subsection 5601.1 Scope, which subsection shall not be effective until one (1) year from passage, approval and pub- lication of this ordinance.” 4-5-070C (Revised 8/14)5 - 18.52 6. Special industrial explosive de- vices which in the aggregate contain less than fifty (50) pounds (23 kg) of explosive materials. 7. The possession, storage and use of blank industrial-power load cartridges when packaged in accor- dance with DOTn packaging regula- tions. 8. Transportation in accordance with DOTn 49 CFR Parts 100–185. 9. Items preempted by federal reg- ulations. 97. Subsection 5601.1.3 Fireworks, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: 5601.1.3 Fireworks. The possession, sale, and discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: 1. Storage and handling of fire- works as allowed in Section 5604. 2. Manufacture, assembly and test- ing of fireworks as allowed in Section 5605. 3. Displays authorized by the City Council under permit issued pursu- ant to City Code, and the Washington Administrative Code, if required. 4. The possession, storage, sale, handling, and use of specific types of Division 1.4G fireworks where al- lowed by applicable laws, ordinances and regulations, provided such fire- works comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100 – 178, for consumer fireworks. 98. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2012 Edition, is hereby amended by changing the title to “Public Display; Insurance Required,” and to read as follows: 5601.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public lia- bility and property damage insurance and such applicant shall maintain the insur- ance in a company or companies ap- proved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dol- lars ($1,000,000.00) for damage to prop- erty in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancelable except by a forty- five (45) day pre-cancellation notice in writing to the City. Further, the insurance required herein shall be primary insur- ance as respects the City. Any insurance, self-insurance, or insurance pool cover- age maintained by the City shall be in ex- cess of the insurance required herein and shall not contribute with it. 99. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 5601.2.4.2.1 Pyrotechnic Operator Re- quired. Every City-authorized display of fireworks shall be handled and super- vised by a state licensed pyrotechnic op- erator. 100. Subsection 5601.7, Seizure, of the International Fire Code, 2012 Edition, is hereby amended by adding new subsections, changing the title to “Seizure/Penalty,” and to read as follows: 5601.7 Seizure/Penalty. The City of Renton may employ either, or both, of the following processes. 5601.7.1 Seizure. The Fire Code Of- ficial is authorized to remove or cause to be removed or disposed of in an approved manner, at the ex- pense of the owner, explosives, ex- plosive materials or fireworks offered 4-5-070D 5 - 18.53 (Revised 8/14) or exposed for sale, stored, pos- sessed or used in violation of this chapter. 5601.7.2 Penalty. Any violation of this chapter on fireworks shall be an infraction only and punishable under RMC 1-3-2 entitled Civil Penalties, except possession, sale or discharge of fireworks not classified as “con- sumer” by statute, as now or hereaf- ter amended, shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 101. Subsection 5704.2.11, Underground Tanks, of the International Fire Code, 2012 Edition, is hereby amended to read as fol- lows: 5704.2.11 Underground Tanks. Under- ground storage of flammable and com- bustible liquids in tanks shall comply with Subsection 5704.2 and Subsections 5704.2.11.1 through 5704.2.11.5.3. Cor- rosion protection shall comply with WAC 173-360-305. All new underground storage tanks shall conform to the standards as defined in the “Underground Storage Tank Second- ary Containment Ordinance” (RMC 4-5- 120). All provisions of the “Underground Storage Tank Secondary Containment Ordinance” shall apply to the installation, use, maintenance, and abandonment of underground storage tanks. All unautho- rized releases from underground storage tanks shall be reported in conformance with RMC 4-5-120.K, Release Reporting Requirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 5704.2.14. All new above-ground and underground tank in- stallations and modifications or additions to existing systems shall be subject to plan review and installation fees as de- scribed in the City of Renton Fee Sched- ule Brochure. 102. Subsection 5704.2.11.5, Leak pre- vention, of the International Fire Code, 2012 Edition, is hereby amended by adding a new subsection, to read as follows: 5704.2.11.5.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring sys- tems installed in accordance with this subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. 103. Appendix B104.2, Area separation, of the International Fire Code, 2012 Edition, is hereby amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are sepa- rated by one (1) or more four (4) hour fire- walls constructed in accordance with the International Building Code, without openings, and provided with a thirty-inch (30") parapet, are allowed to be consid- ered as separate fire areas. (Ord. 4547, 7-24-1995; Amd. Ord. 4769, 3-8-1999; Ord. 5086, 6-21-2004; Ord. 5404, 7-21-2008; Ord. 5556, 10-11-2010; Ord. 5712, 4-14-2014) D. FIRE HYDRANTS: 1. Required for Construction: All build- ings constructed within the City of Renton shall be served by fire hydrants installed in accordance with the requirements of this Section. (Ord. 4007, 7-14-1986) a. Plans Required Prior to Permit: No building permit shall be issued until plans required under this Chapter have been submitted and approved in accordance with the provisions contained in this Chapter. b. Installation Timing: No construc- tion beyond the foundation shall be al- lowed until hydrants and mains are in place, unless approved by the appropri- ate City authority, following appropriate application and a finding that there is no life or safety threat involved. c. Upgrade of Existing Hydrants Re- quired: In addition, presently existing fire hydrants which do not conform with the requirements and standards of this Sec- tion when replaced shall be replaced with hydrants which do conform to the stan- 4-5-070D (Revised 8/14)5 - 18.54 dards and requirements of this Section. (Ord. 4007, 7-14-1985) 2. Fire Hydrant Requirements in Com- mercial, Business, Industrial and Manu- facturing Areas: a. Installation Required: The owner of any building hereafter constructed or used in the City which building or struc- ture is not located or accessible within one hundred fifty feet (150') of any fire hy- drant and such building or structure being located or situated in any area zoned and to be used, or actually used for any com- mercial, business, industrial or manufac- turing purpose shall, at his expense, install or cause to have installed fire hy- drant or hydrants together with the nec- essary pipes, appurtenances and connections in order to connect and hook on said hydrant or hydrants to the City’s existing water supply. It shall be unlawful for any person to own, occupy or use any building or structure as defined in RMC 8-4-24B, C and D, unless such building or structure is located within one hundred fifty feet (150') of any fire hydrant. (Amd. Ord. 4769, 3-8-1999) b. Number and Location of Hy- drants: The number and location of such hydrants shall be in accordance with good fire engineering practice and stan- dards, the size, location, and construc- tion to comply with the rules and regulations of the American Insurance Association formerly known as the Na- tional Board of Fire Underwriters and all of such installations to be duly approved by the Fire Department prior to its accep- tance thereof by the City. c. Applicability to Annexed Proper- ties: The aforesaid requirements shall likewise apply to any such building or structure as hereinabove defined which is hereafter annexed to the City. (Ord. 2434, 9-23-1968) 3. Fire Hydrants in Other Areas: The owner or party in control of any building here- after constructed in or annexed to the City and which said structure or building is used for school, church, rest home, hospital or mul- tiple residential apartments (four (4) individ- ual apartment units or more) or any other place of public assembly, and wheresoever located, shall at his expense install or cause to be installed fire hydrant or hydrants unless adequate and sufficient hydrants are located or accessible within one hundred fifty feet (150') of any such building or structure. The number, location, size and type of such hy- drant or hydrants to be installed shall be as specified in RMC 8-4-24B, further reference hereby had thereto, and all of such installa- tion to be approved by the City Fire Depart- ment. (Amd. Ord. 4769, 3-8-1999) 4. Fire Hydrants; Special Locations: In addition to the foregoing requirements, addi- tional hydrant or hydrants may be required or separately required in areas which are being utilized for open storage of flammable prod- ucts, including flammable liquids, or other ar- eas of special fire hazards with spacing and floor requirements based on the fire protec- tion required in each instance; the number, size, type and location of hydrants for the aforesaid purpose shall be as specified in subsection D2 of this Section and all of such installations to be subject to the approval of the Fire Department. 5. Multiple Uses – Contract: In the event that the installation of any such fire hydrant or hydrants as above set forth, and the connect- ing system pertaining thereto, should benefit two (2) or more properties then the owners of such benefited properties shall share the cost of such installation in the proportion of the benefits so derived. Whenever an owner is required to install such fire hydrant or fire hy- drants under the provision of this Section and which installation will benefit outer properties not owned or controlled by such owner, then in any such case such owner may apply to the City for an agreement under the provi- sions of the Municipal Water and Sewer Fa- cilities Act known as chapter 261 of the Sessions Laws of 1959 and any such agree- ment between such owner and the City shall run for a period not to exceed five (5) years and thus permit such owner to recover a por- tion of the cost of such initial installation from other parties in the event of any such future hook up or connection. Such contract shall further provide that the owner of any building or structure subsequently erected shall not be permitted, during the term of the aforesaid contract, to make any hook up or connection 4-5-070D 5 - 18.55 (Revised 8/14) to the City’s water system or to any such hy- drant until such owner has paid his propor- tionate fair share of the initial cost of such installation as set forth in said contract. Any such agreement entered into between such owner causing such installation and the City shall be filed for record with the King County Auditor’s office and thereupon such filing shall constitute due notice of the terms and requirements therein specified to all other parties. The City further reserves the right, upon approval of the City Council, to partici- pate in the installation of any oversized water line extensions or additional or extra improve- ments relative to such installations. (Ord. 2434, 9-23-1968) 6. Fire Flow Requirements: a. Basis for and Computation of Fire Flow Requirement: The fire flow re- quirement applied by the Fire Marshal under the provisions of this section shall be based upon criteria established in Ap- pendix B of the International Fire Code as amended, added to or adopted herein. Appendix B of the International Fire Code is hereby adopted by reference. One copy of that document shall be filed in the City Clerk’s office and be available for use and examination by the public. (Ord. 4327, 8-26-1991; Ord. 5712, 4-14-2014) b. Unknown Fire Flow: Where the ex- isting fire flow is not known or cannot be easily determined, it shall be required of the developer to compute the available fire flow using standards and criteria set forth at Renton City Ordinance No. 3056. (Ord. 4007, 7-14-1986) 7. Residential Sprinkling Permitted: When the fire flow is less than one thousand (1,000) gallons per minute but greater than five hundred (500) gallons per minute, then residential structures shall be permitted to be served by sprinklers unless the Fire Chief has made a written finding that the public safety, health or welfare will be threatened, stating the factors upon which such finding is based, in which case residential structures shall not be permitted to be constructed at such loca- tion. (Ord. 4327, 8-26-1991) 8. Number of Hydrants Required: The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire flow that is re- quired to protect said risk. The requirement shall be one hydrant per one thousand (1,000) g.p.m. fire flow. (Ord. 4007, 7-14-1986) 9. Location of Hydrants: a. Minimum Distances from Struc- tures: These fire hydrants shall be lo- cated no closer than fifty feet (50') from the structure and no greater than three hundred feet (300'). The primary hydrant shall be not further than one hundred fifty feet (150') from the structure. (Ord. 4007, 7-14-1986) 10. Hydrant Accessibility: Hydrants shall not be obstructed by any structure or vegeta- tion, or have the hydrant visibility impaired within a distance of one hundred fifty feet (150') in any direction of vehicular approach to the hydrant. All hydrants are to be accessi- ble to Fire Department pumpers over roads capable of supporting such fire apparatus. (Ord. 3541, 5-4-1981; Amd. Ord. 4007, 7-14-1986) a. Fire Marshal Discretion: The Fire Marshal shall have discretion to deter- mine the location of the hydrants based upon a review of the location of the exist- ing utilities, topography and the charac- teristics of the building or structure; minor deviations may be granted by Fire De- partment approval of written requests. (Ord. 4007, 7-14-1986) 11. Design and Installation Require- ments: The installation of all fire hydrants shall be in accordance with sound engineer- ing practices. In addition, the following re- quirements shall apply to all building construction projects: a. Two (2) copies of detailed plans or drawings, accurately indicating the loca- tion of all valves and fire hydrants to be installed shall be submitted to the Fire Marshal prior to the commencement of any construction. b. All fire hydrants must be approved by the City of Renton, Public Works Depart- ment. 4-5-070D (Revised 8/14)5 - 18.56 c. All construction of the fire hydrant in- stallation and its attendant water system connection shall conform to the design standards and specifications of the City of Renton. d. Fire hydrant installation shall be ade- quately protected against vehicular dam- age in accordance with RMC 4-6-010A. e. An auxiliary gate valve shall be in- stalled at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. f. All hydrants shall stand plumb, ±3°, to be set to the finished grade with the bot- tom flange two inches (2") above ground or curb grade and have no less than thirty six inches (36") in diameter of clear area about the hydrant for the clearance of hy- drant wrenches on both outlets and on the control valve. g. The port shall face the most likely route of approach and location of the fire truck while pumping; distance from pumper port to street curb shall be no fur- ther than twelve feet (12'), all as deter- mined by the Fire Marshal. h. The lead from the service main to the hydrant shall be no less than six inches (6") in diameter. Any hydrant leads over fifty feet (50') in length from water main in hydrant shall be no less than eight inches (8") in diameter. i. All hydrants newly installed in single family residential areas shall be supplied by not less than six inch (6") mains, and shall be capable of delivering one thou- sand (1,000) g.p.m. fire flow over and above average maximum demands at the farthest point of the installation. Hy- drant leads up to fifty feet (50') long may be six inches (6") in diameter. j. All hydrants shall conform to the latest revised City of Renton Standard Detail and Specifications. (Amd. Ord. 4769, 3-8-1999) k. All pipe shall meet City of Renton standards per RMC 4-6-010A. l. The maximum distance between fire hydrants in single family use district zones shall be six hundred feet (600'). m. The maximum distance between fire hydrants in commercial, industrial and apartment (including duplex) use district zones shall be three hundred feet (300'). n. Lateral spacing of fire hydrants shall be predicated on hydrants being located at street intersections. o. The appropriate water authority and Fire Department shall be notified in writ- ing of the date the fire hydrant installation and its attendant water connection sys- tem will be available for use. p. The Fire Marshal shall be notified when all newly installed hydrants or mains are placed in service. q. Where fire hydrants are not in ser- vice, they shall be identified as being out of service by a method approved by the Fire Marshal. (Ord. 3541, 5-4-1981) 12. Special Requirements for Buildings More Than Two Hundred Feet (200') from a Street Property Line: The requirements of this Section apply to all building construction projects in which buildings are located or are to be located such that any portion is more than two hundred feet (200') in vehicular travel from a street property line, except de- tached single family dwellings: a. Buildings that have required fire flows of less than two thousand five hun- dred (2,500) g.p.m. may have fire hy- drants on one side of the building only. b. When the required fire flow is over two thousand five hundred (2,500) g.p.m., the fire hydrants shall be served by a main which loops around the build- ing or complex of buildings and recon- nects back into a distribution supply main. c. The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire flow that is required to pro- tect said risk. The requirement shall be 4-5-090D 5 - 18.57 (Revised 8/14) one hydrant per one thousand (1,000) g.p.m. fire flow. These fire hydrants shall be located no closer than fifty feet (50') from the structure and no greater than three hundred feet (300'). All hydrants are to be accessible to Fire Department pumpers over roads capable of support- ing such fire apparatus. The Fire Marshal shall determine the location of the hy- drants based upon a determination of utility, topography and building or struc- ture; minor deviations may be granted by Fire Department approval of written re- quests. (Ord. 3541, 5-4-1981; Amd. Ord. 4769, 3-8-1999) 13. Water System Requirements for Hy- drants: All fire hydrants shall be served by a municipal or quasi-municipal water system, or as otherwise approved by the Fire Mar- shal. (Ord. 4007, 7-14-1986) 14. Service and Testing of Hydrants: All hydrants shall be subject to testing, inspec- tion and approval by the Fire Control Division. (Ord. 4007, 7-14-1986) 15. Prohibited Hydrants: The installation of flush type hydrants is prohibited unless ap- proved by the Fire Marshal and such ap- proval shall be given only when permitted fire hydrants would be dangerous or impractical. The showing of such danger or impracticabil- ity shall be the burden of the builder. (Ord. 3541, 5-4-1981) 16. Dead End Mains Prohibited: Provi- sions shall be made wherever appropriate in any project for looping all dead end or tempo- rarily dead end mains. A minimum fifteen foot (15') easement shall be required. Construc- tion plans must be approved by the Public Works Department as per this Section and other applicable City regulations prior to com- mencement of construction. (Ord. 3541, 5-4-1981) 17. Meter or Detection Required for Pri- vate Water or Fire Service: Services for fire protection must be metered or detector checkered at the expense of the owner and fitted with such fixtures only as are needed for fire protection and must be entirely discon- nected from those used for other purposes. (Ord. 4441, 2-28-1994) 18. Use for Other Than Fire Protection Prohibited: In no case will any tap be made upon any pipe used for fire service purposes or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purposes except the extinguishing of fire on such premises or testing flows for fire control purposes. (Ord. 4441, 2-28-1994) 19. Changes Requiring Increased Fire Protection: Whenever any change in the use, occupancy or construction of any prem- ises or purposes as hereinabove defined re- quire any increased fire and hydrant protection, the owner, owners or person in charge of such premises shall proceed promptly toward securing adequate protec- tion and all such installation or changes to be completed providing for such increased fire protection, prior to the use or occupancy of such facilities. 20. Violation of This Section and Penal- ties: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. Each day upon which a violation occurs or continues constitutes a separate of- fense. (Ord. 3541, 5-4-1981; Ord. 5159, 10-17-2005) 4-5-080 (Deleted by Ord. 5549, 8-9-2010 and Ord. 5555, 10-11-2010) 4-5-090 INTERNATIONAL MECHANICAL CODE ADOPTED: The 2012 Edition of the International Mechanical Code (IMC), as adopted and amended by the State Building Code Council in chapter 51-52 WAC, as published by the International Code Council, is adopted by reference with the follow- ing additions, deletions and exceptions: Provided that Chapter 1, Administration, is not adopted and the Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IMC Chapter 1, Administration. Provided that the in- stallation of fuel gas distribution piping and equip- ment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. Provided that detached one (1)- and two (2)-family dwellings and multiple single-family dwellings (town- 4-5-100 (Revised 8/14)5 - 18.58 houses) not more than three (3) stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. Provided that the standards for liquefied petroleum gas installations shall be the 2011 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2012 Edition of ANSI Z223.1/ NFPA 54 (National Fuel Gas Code). (Ord. 4546, 7-24-1995; Amd. Ord. 5085, 6-21-2004; Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5710, 4-14-2104) 4-5-100 NATIONAL FUEL GAS CODE ADOPTED: The 2012 Edition of the National Fuel Gas Code (ANSI Z223.1/NFPA 54), as adopted by the State Building Code Council in chapter 51-52 WAC, as published by NFPA, is adopted by reference. The Construction Administrative Code, as set forth in RMC 4-5-060, shall be applied for the administra- tion of this code. (Ord. 5085, 6-21-2004; Ord. 5159, 10-17-2005; Ord. 5555, 10-11-2010; Ord. 5710, 4-14-2104) 4-5-110 UNIFORM PLUMBING CODE ADOPTED: The 2012 Edition of the Uniform Plumbing Code (UPC), as adopted and amended by the State Building Code Council in chapter 51-56 WAC, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference with the following additions, deletions and exceptions: Provided that Chapter 1, Admin- istration, is not adopted and the Construction Ad- ministrative Code, as set forth in RMC 4-5-060, shall be used in place of UPC Chapter 1, Admin- istration. Provided that Chapters 12 and 15 of the Uniform Plumbing Code are not adopted. Pro- vided that those requirements of the Uniform Plumbing Code relating to venting and combus- tion air of fuel-fired appliances as found in Chap- ter 5 and those portions of the code addressing building sewers are not adopted. The following appendices of the 2012 Edition of the Uniform Plumbing Code as adopted and amended by the State Building Code Council in chapter 51-57 WAC, as published by the Interna- tional Association of Plumbing and Mechanical Officials, are also adopted by reference: Appen- dix A – Recommended Rules for Sizing the Water Supply System; Appendix B – Explanatory Notes on Combination Waste and Vent Systems; Ap- pendix I – Installation Standards. In addition, Ap- pendix C – Alternate Plumbing Systems, excluding Sections C5 through C7, is adopted by reference. (Formerly 4-5-100. Ord. 3760, 12-5-1983; Amd. Ord. 4768, 3-8-1999; Ord. 5010, 5-19-2003; Ord. 5085, 6-21-2004; Ord. 5297, 7-2-2007; Ord. 5710, 4-14-2104) 4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS: A. PURPOSE: 1. The purpose of this Section is to estab- lish secondary containment and monitoring requirements for new underground storage facilities which store regulated substances in- cluding hazardous materials, flammable liq- uids, toxic substances and combustible liquids. This Section establishes construction standards for new underground storage facil- ities, establishes separate monitoring stan- dards for new and existing underground storage facilities, establishes uniform stan- dards for release reporting, emergency re- sponse and abandonments, and specifies permit procedures. B. INTENT: It is the intent of this Section to provide a method by which: 1. To safely store regulated substances in- cluding hazardous materials, flammable and combustible liquids, and toxic substances in underground storage facilities; to trap and safely hold for recovery any regulated sub- stance which may leak from underground storage facilities; 2. To provide a systematic means of moni- toring to determine the presence of any leaked substance so that it may be safely re- covered in a timely manner; 4-5-120E 5 - 19 (Revised 6/05) 3. To provide a means to monitor existing underground storage facilities to detect leaks; 4. To protect groundwater resources; 5. To protect the City’s drinking water sup- ply from impacts caused by regulated sub- stances; and 6. To reduce the fire and life safety hazards associated with substances that might other- wise escape from a primary container. C. COMPLIANCE WITH THE FIRE CODE REQUIRED: In addition to the provisions of this Section, all un- derground storage facilities installations shall meet all applicable provisions and requirements of chapters 27 and 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004) D. APPLICABILITY: 1. Persons who own one or more under- ground storage facilities storing regulated substances (including hazardous sub- stances, flammable liquids, toxic substances, and combustible liquids) shall comply with this Chapter. If the operator of the under- ground storage facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Section. 2. All new underground storage facilities which store regulated substances must com- ply with the construction and monitoring stan- dards for new underground storage facilities as set forth in this Section. 3. All existing underground storage facilities which store regulated substances must com- ply with the monitoring standards for existing underground facilities which are set forth in this Section. However, existing underground storage facilities which meet the construction and monitoring standards for new facilities as set forth in this Section may be issued per- mits and regulated pursuant to the standards and procedures for new facilities. 4. All owners and/or operators of under- ground storage facilities which store regu- lated substances now, have stored regulated substances in the past, or have the ability to store regulated substances in the future must comply with the release reporting require- ments, the closure requirements and the per- mit application requirements as set forth in this Section. 5. The detection of any unauthorized re- lease shall require compliance with the re- porting requirements of this Section. (Amd. Ord. 5086, 6-21-2004) E. EXCLUSIONS: This Section specifically excludes regulation of the following: 1. Farm or residential tanks of one thou- sand one hundred (1,100) gallons or less ca- pacity used for storing motor fuel for noncommercial purposes, except for new tank installations in the City’s Aquifer Protec- tion Area; 2. Tanks used for storing heating oil for con- sumption use by single family residences, ex- cept for new tank installations in the City’s Aquifer Protection Area; 3. Septic tanks; 4. Storage tanks situated in an underground area (such as a basement, cellar, minework- ing, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor; 5. Pipeline facility: Pipelines which trans- port regulated substances interjurisdiction- ally; 6. Surface impoundment, pit, pond or la- goon; 7. Stormwater or wastewater collection sys- tem; 8. Flow-through process tanks; or 9. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. 4-5-120F (Revised 6/05)5 - 20 F. FIRE CODE OFFICIAL AND FIRE DEPARTMENT AUTHORITY AND RESPONSIBILITY: The Fire Department shall not issue a permit to operate an underground storage facility until the Department inspects the underground storage fa- cility and determines that the underground stor- age facility complies with the provisions of these regulations. The Fire Code Official or the Official’s duly authorized representative is hereby desig- nated as the enforcing officer of this Section. In addition to all other grounds for revocation or ter- mination of permits set forth in the general provi- sions hereof, any failure or refusal on the part of a permittee to obey any rule, regulation, condition or law concerning the installation, maintenance, or removal of underground storage facilities shall be grounds for revocation of a permit. (Amd. Ord. 5086, 6-21-2004) G. DEFINITIONS OF TERMS USED IN THIS SECTION: ABANDONMENT OF UNDERGROUND STOR- AGE FACILITIES: 1. The relinquishment or termination or pos- session, ownership or control without full dis- closure to the new owner thereof of contain- ers, tanks, or pipes which have stored in the past or are currently storing regulated sub- stances whether by vacating or by disposition thereof and shall not depend on a mere lapse of time; or 2. Storage facilities which have been sub- stantially emptied and unattended. AQUIFER PROTECTION AREA (APA): Refer to RMC 4-3-050B, Applicability – Critical Areas Des- ignations/Mapping, and RMC 4-11-010, Defini- tions A. (Amd. Ord. 4851, 8-7-2000) CLOSURE OF UNDERGROUND STORAGE FACILITIES: The lawful emptying and/or removal of underground storage facilities pursuant to a permit issued by the Fire Department and in con- formance with chapter 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004) CONTINUOUS MONITORING: A system using automatic equipment which routinely performs the required monitoring on a periodic or cyclic ba- sis throughout each day. DEPARTMENT: The City of Renton Fire Depart- ment. DOUBLE-WALLED: A container with two (2) complete shells which provide both primary and secondary containment. The outer shell must pro- vide structural support and must be constructed primarily of nonearthen materials including, but not limited to, concrete, steel, and plastic. EXISTING UNDERGROUND STORAGE FACIL- ITY: Any underground storage facility that is not a new underground storage facility. The term in- cludes any underground storage facility which has contained a hazardous substance in the past and, as of July 1, 1987, had the physical capacity of being used again (it had not been removed or completely filled with an inert solid). LEAK DETECTION SYSTEM: A system or tech- nology capable of detecting, within twenty four (24) hours, the failure of either the primary or sec- ondary containment structure or the presence of liquid in the secondary containment structure. MEMBRANE LINER: Any membrane sheet ma- terial fabricated into system for secondary con- tainment. A membrane liner is placed external to a tank, in order to be an impermeable barrier be- tween a primary containment device including pipes, and the ground. The membrane must pro- vide a complete envelope that will prevent both lateral and vertical migration of the stored product out of the containment system and will be free of cracks and gaps. NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: Any one of the fol- lowing organizations, or other organizations ap- proved by the Fire Code Official: American National Standards Institute (ANSI) American Society of Mechanical Engineers (ASME) American Society for Testing and Materials (ASTM) National Association of Corrosion Engineers (NACE) National Sanitation Foundation (NSF) Underwriters Laboratories (UL) 4-5-120H 5 - 21 (Revised 7/04) Underwriters Laboratories of Canada, Inc. (ULC) (Amd. Ord. 5086, 6-21-2004) NEW UNDERGROUND STORAGE FACILITY: Any underground storage facility subject to this Section which is installed after the effective date of this Section or which complies with the require- ments of RMC 4-5-120H. OPERATOR: Any person in control of, or having responsibility for, the daily operation of a storage facility. OWNER: Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having vested or contingent interest in the property in question. PRIMARY CONTAINMENT: A device (such as a tank, pipe, drum) and associated appurtenances which holds a regulated substance. PRODUCT TIGHT: Impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product tight, the pri- mary container shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank. REGULATED SUBSTANCES: Any hazardous materials, flammable liquid, combustible liquid, or toxic substances which are more particularly de- fined as: 1. Flammable Liquid: Any liquid having a flash point below one hundred degrees (100°) Fahrenheit and having a vapor pres- sure not exceeding forty (40) pounds per square inch (absolute) at one hundred de- grees (100°) Fahrenheit. 2. Combustible Liquid: A liquid having a flash point at or above one hundred degrees (100°) Fahrenheit. 3. Hazardous Materials: Includes such materials as flammable solids, corrosive liq- uids, radioactive materials, oxidizing materi- als, highly toxic, materials, poisonous gases, reactive materials, unstable materials, hyper- bolic materials and pyrophoric materials as defined in chapter 2 of the International Fire Code and any substance or mixture of sub- stances which is an irritant, a strong sensi- tizer or which generates pressure through exposure to heat, decomposition or other means. 4. Toxic Substance: Any material, either singularly or in combination, which may pose a present or potential hazard to human health or to the quality of groundwaters when im- properly used, stored, transported or dis- posed of or otherwise mismanaged including fertilizers, herbicides, and pesticides. (Amd. Ord. 5086, 6-21-2004) SECONDARY CONTAINMENT: A system which will completely collect and contain all primary containment spills and leaks, and contaminated precipitations, until appropriate remedial action can be determined. SINGLE-WALLED: A container with one shell in which regulated substances can or are being stored and which provides primary containment. UNAUTHORIZED RELEASE: Any spilling, leak- ing, emitting, discharging, escaping, leaching, or disposing from any underground storage tank into groundwater, surface water, or subsurface soils. Unauthorized release does not include intentional withdrawals of hazardous substances for the pur- pose of legitimate sale, use or disposal. UNDERGROUND STORAGE FACILITY: A tank, pipe, vessel or other container, or any combina- tion of the foregoing, used or designed to be used for the underground storage or underground transmission of regulated substances and the vol- ume of which (including the volume of the under- ground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. The underground storage facilities include but are not limited to line leak detectors, monitoring wells, continuous automatic leak detection systems, and secondary containment systems associated therewith. H. NEW UNDERGROUND STORAGE FACILITIES AND MONITORING STANDARDS: 1. Applicability: The following subsections shall apply to all new installations of primary and secondary containers including leak in- terception and detection systems. (Amd. Ord. 5086, 6-21-2004) 4-5-120H (Revised 7/04)5 - 22 2. Standards for New Underground Stor- age Facilities: a. Primary and secondary levels of con- tainment shall be required for all new un- derground storage facilities used for the storage of regulated substances. b. All primary containers shall be prod- uct-tight and shall be installed in accor- dance with all applicable sections of chapter 34 of the International Fire Code. c. All secondary containers shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the sec- ondary container as a result of contact with any released hazardous substance and shall be capable of containing any unauthorized release of the hazardous substance stored within the primary con- tainer(s) for at least the maximum antici- pated period, established by manufacturer’s specifications, sufficient to allow detection and removal of the un- authorized release. d. If a hazardous substance has come into contact with the secondary container and either additional primary containers exist within the secondary container or the leaking primary container has been closed as specified in this Section and re- placed by a new primary container, the owner shall demonstrate to the satisfac- tion of the Department that the require- ments of subsection H2c of this Section are still achievable or replace the sec- ondary container. e. The secondary container shall have the ability to contain the following vol- umes: i. At least one hundred percent (100%) of the volume of the primary container where only one primary container is within the secondary container. ii. In the case of multiple primary containers within a single secondary container, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary con- tainer placed in it or ten percent (10%) of the aggregate internal vol- ume of all primary containers in the secondary container, whichever is greater. f. If the secondary container is open to rainfall, then it shall be able to accommo- date the volume of precipitation which could enter the secondary container dur- ing a twenty four (24) hour, one hundred (100) year storm in addition to the volume of hazardous substance storage required in subsection H2e of this Section. g. The volumetric requirements for the pore space of a granular material placed in the secondary container as backfill for the primary container shall be equal to or greater than that required in subsection H2e of this Section. The available pore space in the secondary container backfill shall be determined using appropriate engineering methods and safety factors and shall consider the specific retention and specific yield of the backfill material, the location of the primary container within the secondary container, and the proposed method of operation for the secondary container. h. The secondary container shall be equipped with a collection system to ac- cumulate, temporarily store, and permit removal of any precipitation, subsurface infiltration, or hazardous substance re- leased from the primary container. i. Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the re- quirements of both primary and second- ary containment. j. All primary containers and double- walled underground storage tanks sub- ject to flotations shall be weighted or an- chored using methods specified by the manufacturer or, if none exist, best engi- neering judgment. (Amd. Ord. 5086, 6- 21-2004) 4-5-120H 5 - 23 (Revised 7/04) 3. Design Standards for New Primary Containers and Double-Walled Under- ground Storage Tanks: a. Cathodically protected steel under- ground storage tanks, steel underground storage tanks clad with glass fibre-rein- forced plastic, and glass fibre plastic un- derground storage tanks shall be fabricated and designed to standards de- veloped by a nationally recognized inde- pendent testing organization or be listed by the testing organization. b. Underground storage tanks shall be tested by the manufacturer or an inde- pendent testing organization for durability and chemical compatibility with the regu- lated substances to be stored using rec- ognized engineering practices for materials testing. c. Except for steel underground storage tanks, a wear plate (striker plate) shall be centered under all accessible openings of the underground storage tank. The plate shall be constructed of steel or, if the steel is not compatible with the regu- lated substance stored, a material resis- tant to the stored regulated substance. The width of the plate shall be at least nine inches (9″) wide and have an area of one square foot or be equal to the area of the accessible opening or guide tube, whichever is larger. The thickness of the steel plate shall be at least 0.053 inch (1.35 mm), and those constructed of other materials (as required) shall be of sufficient thickness to provide equivalent protection. The plate shall be rolled to the contours of underground storage tank and bonded or seam welded in place. d. Single-walled primary containers of steel and the outer surface of double- walled underground storage tanks con- structed of steel which are not clad with glass fibre reinforced plastic, shall be pro- tected by a properly installed, maintained, and monitored cathodic protection sys- tem. Selection of the type of protection to be employed shall be based on a certifi- cation listing by a nationally recognized independent testing organization or the judgment of a registered corrosion engi- neer or a National Association of Corro- sion Engineers (NACE) accredited corrosion specialist taking into account the corrosion history of the area. Under- ground storage tanks with listed corrosion resistant materials, nonmetallic glass fi- ber reinforced plastic coatings, compos- ites, or equivalent systems shall be tested immediately prior to installation. i. The protection system shall be in- spected under the direction of a reg- istered corrosion engineer or NACE corrosion specialist at the frequency specified in the certification or in ac- cordance with the schedule pre- scribed by the system designer, but not less than annually. ii. Underground storage tanks in a vault and not backfilled are ex- empted from the requirements of this subsection. e. All primary containers and double- walled underground storage tanks shall be installed according to the manufac- turer’s written recommendations or, if no written recommendations exist, best en- gineering practice. f. Underground storage tanks shall be tested before being put into service in ac- cordance with the applicable sections of the code under which they were built. The ASME code stamp or listing mark of Underwriters Laboratories, Incorporated (UL), or any other nationally recognized independent testing organization shall be evidence of compliance with this require- ment. g. Before being covered, enclosed, or placed in use, all underground storage tanks and piping shall be tested for tight- ness hydrostatically or with air pressure at not less than three (3) pounds per square inch and not more than five (5) pounds per square inch. Pressure piping shall be hydrostatically tested to one hun- dred fifty percent (150%) of the maximum anticipated pressure of the system, or pneumatically tested to one hundred ten percent (110%) of the maximum antici- pated pressure of the system, but not less than five (5) pounds per square inch gauge at the highest point of the system. 4-5-120H (Revised 7/04)5 - 24 This test shall be maintained for a suffi- cient time to complete visual inspection of all joints and connections, but for at least ten (10) minutes. In lieu of the above, a test using accepted engineering practices shall be used. Double-walled underground storage tanks are exempt from the requirements of this Section pro- vided that the annular space is monitored using either pressure or vacuum testing. (Ord. 4147, 4-4-1988) h. All underground storage tanks shall be equipped with an overflow spill protec- tion system; a combination of “i” and at least one additional method of “ii” through “iv” must be used and is defined as fol- lows: i. A spill catchment basin which surrounds the fill pipe and prevents the inflow of the hazardous sub- 4-5-120I 5 - 27 (Revised 3/13) unless a strike plate or other approved devices used to protect the underground storage tank are located directly under the monitoring opening. o. The double-walled underground storage tank shall be so designed and in- stalled that any loss of hazardous sub- stance from the primary container will drain to a specific location within the an- nular space, as required, to be detected by a monitoring device or method. p. Any special accessories, fitting, coat- ing, or lining not inherent within the initial design of the primary container or dou- ble-walled underground storage tank shall be approved by a nationally recog- nized, independent testing organization or a demonstration of integrity with the primary container or double-walled un- derground storage tank shall be required. 5. Monitoring Standards for New Under- ground Storage Facilities: a. The owners or operators of all new underground storage facilities shall im- plement a monitoring program that is ap- proved by the Department and required as a condition of the permit. Visual moni- toring must be implemented unless it is determined by the Department to be un- feasible to visually monitor. b. All monitoring programs shall include a written routine monitoring procedure which includes, when applicable: i. the frequency of performing the monitoring method, ii. the methods and equipment to be used for performing the monitor- ing, iii. the location(s) from which the monitoring will be performed, iv. the name(s) or title(s) of the per- son(s) responsible for performing the monitoring and/or maintaining the equipment, and v. the reporting format. 6. Response Plan for New Underground Storage Facilities: a. Plan Required: A response plan shall be developed by the permit appli- cant which demonstrates, to the satisfac- tion of the Fire Marshal, that any unauthorized release will be removed from the secondary container within the shortest possible time and no longer than the time consistent with the ability of the secondary container to contain the regu- lated substance. This response plan shall be a condition of the underground stor- age facility permit. b. Plan Contents: The response plan shall include, but is not limited to, the fol- lowing: i. A description of the proposed methods and equipment to be used for removing the hazardous sub- stance, including the location and availability of the required equip- ment, if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site. ii. The name(s) or title(s) of the per- son(s) responsible for authorizing the work to be performed. I. EXISTING INSTALLATIONS AND MONITORING STANDARDS: 1. Continuation: Any underground storage facility in existence as of the effective date of this Section, or for which an installation per- mit has been obtained prior to the effective date of this Section, shall be allowed to con- tinue in use, so long as it is product-tight. 2. Leaks: Should any existing storage tank and/or its associated piping experience a loss of product, due to leakage or mechanical fail- ure, the entire underground storage facility shall be upgraded to meet the requirements for a new underground storage facility as set forth in this Section. Should any existing stor- age tank experience a loss of product due to a failure in its associated piping, the Fire Code Official shall have the authority, upon written request of the owner/operator, to waive the requirement to replace the entire facility. Such waiver shall be based upon cer- 4-5-120I (Revised 3/13)5 - 28 tification to the satisfaction of the Code Offi- cial that the piping has been fully repaired. At a minimum, such certification shall include a product-tight test of the facility. 3. Monitoring Standards for Existing Un- derground Storage Facilities: a. Monitoring System Required: All owners of existing underground storage facilities which store regulated sub- stances subject to this Section shall im- plement a visual monitoring or alternative monitoring system that complies with this Section and is approved by the Fire Mar- shal within eighteen (18) months of the effective date of this Section. b. Objective: The objective of the mon- itoring program for existing underground storage facilities is to detect unauthorized releases within seventy two (72) hours of their occurrence. c. Fire Department Approval Re- quired: The Fire Department shall re- view the proposed monitoring program and shall approve the monitoring system if it finds that all aspects of the monitoring alternative can be implemented. If the proposed monitoring alternative cannot be approved, then the Fire Department may request the submittal of another pro- posed monitoring alternative or may specify the implementation of another monitoring alternative. d. Monitoring System Requirements: The monitoring system must be capable of determining the containment ability of the underground storage tank and de- tecting any active or future unauthorized releases. Groundwater monitoring may be utilized as a primary means of moni- toring only when the underground stor- age facility is located outside of an Aquifer Protection Area. All owners of ex- isting underground storage facilities sub- ject to this Section who are not able to implement visual monitoring shall imple- ment one of the following monitoring al- ternatives in conformance with any permit requirements imposed by the Fire Marshal: i. Tank tightness testing and inven- tory reconciliation controls. ii. Testing or monitoring for vapors within the soil surrounding the under- ground storage tank system. iii. Monitoring for products on the groundwater. iv. Monitoring for releases in an in- terception barrier. v. Automatic monitoring of product level and automatic inventory recon- ciliation. vi. Interstitial monitoring between the underground storage tank and a secondary barrier. vii. Other methods approved by the Fire Department. e. Annual Certification of Monitoring System: Leak detection devices and monitoring systems installed in accor- dance with this Section shall be in- spected and tested at least annually, and the test results maintained on-site for at least one year. 4. System Evaluation Criteria: The Fire Department shall evaluate each monitoring alternative proposed by the applicant for a permit to determine its suitability based on the following criteria: a. Whenever possible, primary method of monitoring other than groundwater monitoring shall be performed, monthly at a minimum. b. When the underground storage facil- ity is in an Aquifer Protection Area, a monitoring method other than groundwa- ter monitoring shall be utilized on a weekly or more frequent basis for leak detection monitoring. c. Groundwater monitoring may be re- quired by the Fire Code Official in an Aquifer Protection Area. The Fire Mar- shal shall review and approve the num- ber and location of the monitoring well(s). More than one underground storage fa- 4-5-120J 5 - 29 (Revised 3/13) cility may be monitored using the same well provided the well is directly downgra- dient of all underground storage facilities being monitored and is within one thou- sand feet (1,000') of all underground stor- age facilities being monitored. (Ord. 5676, 12-3-2012) 5. Tests: If the monitoring technique(s) se- lected is designed to detect the presence of the stored regulated substance outside of the underground storage facility, then tests must be made to determine if the regulated sub- stance or any interfering constituents exist in the soil or backfill surrounding the under- ground storage facility. 6. Failure to Monitor: The failure to imple- ment an approved monitoring system shall be cause for the Fire Code Official to require clo- sure of the underground storage facility pur- suant to subsection L of this Section, Closure Requirements. (Amd. Ord. 5086, 6-21-2004) J. PERMITS: 1. Permit Required: No person, persons, corporation or other legal entities shall install or operate a primary or secondary storage fa- cility without first obtaining a permit to do so from the Fire Department. 2. Information Required: The Fire Depart- ment shall not issue a permit to install or op- erate a primary or secondary underground storage facility unless adequate plans, speci- fications, test data, and/or other appropriate information have been submitted by the owner and/or operator showing that the pro- posed design and construction of the facility meet the intent and provisions of this Section. 3. Abandonment Prohibited: No person, persons, corporation or other legal entities shall temporarily or permanently abandon a primary or secondary storage facility. 4. Closure Procedure: No person, per- sons, corporation or other legal entities shall close a primary or secondary underground storage facility without first obtaining a permit to do so from the Fire Marshal. The Fire Mar- shal shall not issue a permit to temporarily or permanently close a primary or secondary un- derground storage facility unless adequate plans and specifications and other appropri- ate information have been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Sec- tion. 5. Fee: The application for a permit pursu- ant to this Section shall be accompanied by the fee stipulated in RMC 4-1-150, Fire Pre- vention Fees. 6. Permit Conditions: a. Notification of Changes or Re- lease: i. As a condition of any permit re- quirements to operate an under- ground storage facility, the permittee shall report to the Department within thirty (30) days after any changes in the usage of any underground stor- age tank, including: • The storage of new hazardous substances; • Changes in monitoring proce- dure; or • The replacement or repair of all or part of any underground stor- age facility. ii. As a condition on any permit re- quirement to operate an under- ground storage facility, the permittee shall report to the Department within seventy two (72) hours any replace- ment or repair of all or part of any un- derground storage facility. iii. As a condition of any permit re- quirement to operate an under- ground storage facility, the permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its de- tection, using the procedures re- quired in this Section. b. Monitoring Records Required: Written records of all monitoring per- formed shall be maintained on-site by the operator for a period of at least three (3) years from the date the monitoring was performed. The Fire Department may re- 4-5-120K (Revised 3/13)5 - 30 quire the submittal of the monitoring records or a summary at a frequency that they may establish. The written records of all monitoring performed in the past three (3) years shall be shown to the Depart- ment or duly authorized representative upon demand during any site inspection. Monitoring records shall include: i. The date and time of all monitor- ing or sampling; ii. Monitoring equipment calibration and maintenance records; iii. The results of any visual obser- vations; iv. The results of all sample analy- sis performed in the laboratory or in the field, including laboratory data sheets; v. The logs of all readings of gauges or other monitoring equip- ment, groundwater elevations, or other test results; and vi. The results of inventory read- ings and reconciliations. 7. Permit Expiration: A permit to operate issued by the Fire Department shall be effec- tive for one year. The underground storage facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit. 8. Transfer of Permit: Permits may be transferred to a new underground storage fa- cility owner if the new underground storage facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. The Fire Department may re- view, modify, or terminate the permit to oper- ate the underground storage facility upon receiving the ownership transfer request. 9. Inspection Required for Permit Re- newal: The Fire Department shall not renew an underground storage facility permit unless the underground storage facility has been in- spected within the prior three (3) years and the inspection revealed that the underground storage facility complied with this Section, as applicable, and with all existing permit condi- tions. The inspection shall be conducted by the Fire Department. If the inspection reveals noncompliance, then the Department must verify by a follow-up inspection that all re- quired corrections have been implemented before renewing the permit. 10. Implementation of Inspection Re- port: Within thirty (30) days of receiving an inspection report from the Department the permit holder shall file with the Department a plan and time schedule to implement any re- quired modifications to the underground stor- age facility or to the monitoring plan needed to achieve compliance with the intent of this Section or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department. K. RELEASE REPORTING REQUIREMENTS: 1. Reporting Required for All Unautho- rized Releases: All unauthorized releases from the primary or secondary container shall be reported to the Fire Department according to the provisions of this Section. a. Releases to Secondary Contain- ers: All unauthorized releases to second- ary containers shall be recorded on the operator’s monitoring reports. Such an unauthorized release shall be deter- mined to be “an unauthorized release re- quiring reporting”, if the leak detection monitoring system in the space between the primary and secondary containers cannot be reactivated within eight (8) hours. This provision shall be applicable only to new underground storage tanks. b. All Other Releases: All other unau- thorized releases shall be reported pursu- ant to the provisions of an “unauthorized release requiring reporting” within twenty four (24) hours after the release has been, or should have been, detected un- der the monitoring system installed or maintained. 4-5-120K 5 - 31 (Revised 7/04) 2. Unauthorized Releases Requiring Re- cording: a. Definition of Release Requiring Recording: An unauthorized release re- quiring recording is one in which the leak detection monitoring system in the space between the primary and secondary con- tainer could be reactivated within eight (8) hours. b. Time for Reporting: Unauthorized releases requiring recording shall be re- ported to the Fire Department within five (5) days of the occurrence. c. Content of Report: The incident re- port shall be accompanied by a written record including the following informa- tion: i. List of type, quantities, and con- centration of hazardous substances released. ii. Method of cleanup. iii. Method and location of disposal of the released hazardous sub- stances (indicate whether a hazard- ous waste manifest(s) is utilized). iv. Method of future leak prevention or repair. If this involves a change in operation, monitoring or manage- ment, then appropriate reports shall also be filed and a new permit ap- plied for. v. If the primary container is to con- tinue to be used, then a description of how the monitoring system between the primary and secondary container has been reactivated. vi. Facility operator’s name and telephone number. vii. The approximate costs for cleanup to be submitted voluntarily. d. Review and Inspection: The De- partment shall review the information submitted pursuant to the report of an un- authorized release requiring recording, shall review the permit and may inspect the underground storage facility. e. Revocation of Permit: The Depart- ment shall find that the containment and monitoring standards of this Section can continue to be achieved or the Depart- ment shall revoke the permit until appro- priate modifications are made to allow compliance with the standards. f. Causes of Container Deterioration: Deterioration of the secondary container is likely when any of the following condi- tions exist: i. The secondary container will have some loss of integrity due to contact with the stored hazardous substances; ii. The mechanical means used to clean up the released hazardous substance could damage the sec- ondary container; or iii. Hazardous substances, other than those stored in the primary con- tainer, are added to the secondary container for treatment or neutraliza- tion of the released hazardous sub- stance as part of the cleanup process. g. Reportable or Recordable Re- lease: If a recordable unauthorized re- lease becomes a reportable unauthorized release due to initially unanticipated facts, the release shall immediately be treated as a reportable release. 3. Unauthorized Release Requiring Re- porting: a. Time for Notification: Within twenty four (24) hours after an unauthorized re- lease has been detected, or should have been detected, using required monitor- ing, the operator shall notify the Fire De- partment. This Section shall apply to any unauthorized release except as defined in subsection K2a of this Section. (Amd. Ord. 5086, 6-21-2004) b. Time for and Content of Report: Within five (5) working days of detecting 4-5-120L (Revised 7/04)5 - 32 the release, the operator or permittee shall submit to the Department a full writ- ten report to include all of the following in- formation which is known at the time of filing the report: i. List of type, quantity, and concen- tration of regulated substances re- leased. ii. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination due to the release. iii. Method of cleanup implemented to date, proposed cleanup actions, and approximate cost of actions taken to date. iv. Method and location of disposal of the released regulated substance and any contaminated soils or groundwater or surface water. v. Proposed method of repair or re- placement of the primary and sec- ondary containers. vi. Facility operator’s name and telephone number. 4. Subsequent Cleanup Reports Re- quired: Until cleanup is complete, the opera- tor or permittee shall submit reports to the Department every month or at a more fre- quent interval specified by the Department. The reports shall include the information re- quested in this Section. L. CLOSURE REQUIREMENTS: 1. Closure Required: Existing under- ground storage facilities which have experi- enced an unauthorized release may not be repaired and shall be closed pursuant to the requirements of this Section. During the pe- riod of time between cessation of regulated substance storage and actual completion of underground storage facility closure, the ap- plicable containment and monitoring require- ments of this Section shall continue to apply. 2. Exception: The requirements of this Section do not apply to those underground storage facilities in which regulated sub- stances are continued to be stored even though there is no use being made of the stored substance. In these cases, the appli- cable containment and monitoring require- ments of this Section shall continue to apply. 3. General Provisions: a. Compliance with Fire Code Re- quired: All closures shall be accom- plished in conformance with chapter 34 of the International Fire Code and with the provisions of this Section. b. Closure Proposal Required: Prior to closure, the underground storage facil- ity owner shall submit to the Department a proposal describing how the owner in- tends to comply with closure require- ments. The requirement for prior submittal is waived if the storage of regu- lated substances ceases as a result of an unauthorized release or to prevent or minimize the effects of an unauthorized release. In this situation, the under- ground storage facility owner shall submit the required proposal within fourteen (14) days of either the discovery of an unau- thorized release or the implementation of actions taken to prevent or minimize the effects of the unauthorized release. c. Department of Ecology Notifica- tion: Notification of intent to close under- ground storage tanks shall be submitted to the Department of Ecology at least thirty (30) days prior to the start of work, in accordance with WAC 173-360-385. 4. Temporary Closure: a. Applicability: This Section applies to those underground storage facilities in which storage has ceased for a period of more than ninety (90) days and less than three hundred sixty five (365) days and where the owner or operator proposes to retain the ability to use the underground storage facility within a year for the stor- age of regulated substances. Under- ground storage facilities temporarily taken out of service for a period of up to ninety (90) days shall continue to be monitored in conformance with the appli- cable subsections of this Section. 4-5-120L 5 - 33 (Revised 7/04) b. Exception: This Section does not apply to underground storage facilities that are empty as a result of the with- drawal of all stored material during nor- mal operating practice prior to the planned input of additional regulated sub- stances consistent with permit condi- tions. c. Standards and Requirements for Temporary Closure: The owner or oper- ator shall comply with all of the following: i. All residual liquid, solids, or slud- ges shall be removed and handled pursuant to the requirements of the Fire Department. ii. If the underground storage facil- ity contained a regulated substance that could produce flammable vapors at standard temperature and pres- sure, then the underground storage facility shall be purged of the flamma- ble vapors to levels that would pre- clude an explosion or such lower levels as may be required by the Fire Department. iii. The underground storage tank may be filled with a noncorrosive liq- uid that is not a regulated substance. This liquid must be tested by a certi- fied testing agency and results sub- mitted to the Department prior to its being removed from the under- ground storage facility at the end of the temporary closure period. iv. Except for required venting, all fill and access locations and piping shall be sealed utilizing locked caps or concrete plugs. v. Power service shall be discon- nected from all pumps associated with the use of the underground stor- age tank. d. Modification of Monitoring Re- quirements: The monitoring required pursuant to the permit may be modified or eliminated during the temporary clo- sure period by the Department. The De- partment shall consider, in making the above decision, the need to maintain monitoring in order to detect unautho- rized releases that may have occurred during the time the underground storage facility was used but that have not yet reached the monitoring locations and been detected. e. Inspection Required: The under- ground storage facility shall be inspected by the owner or operator at least once ev- ery three (3) months to assure that the temporary closure actions are still in place. This shall include: i. Visual inspection of all locked caps and concrete plugs. ii. If locked caps are utilized, then at least one shall be removed to deter- mine if any liquids or other sub- stances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to the above Section. f. Closure Plan Required: A closure plan clearly illustrating when and how the tank will either be placed back into ser- vice, removed from the ground, or per- manently abandoned is required to be submitted to the Department at the time of permit application. 5. Permanent Closure Requirements: a. Applicability: The permanent clo- sure requirements of this Section shall apply to those underground storage facil- ities in which the storage of regulated substances has ceased for a period of more than three hundred sixty five (365) days or when the owner has no intent within the next year to use the under- ground storage facility for storage of reg- ulated substances. b. Compliance Required: Owners of underground storage facilities subject to permanent closure shall comply with all the provisions of this Section. c. Standards and Requirements for Removal of Tanks: An underground storage facility that is required to be per- manently closed shall have the tanks re- 4-5-120L (Revised 7/04)5 - 34 moved, per chapter 34 of the Interna- tional Fire Code. Owners of underground storage facilities proposing to perma- nently close the facility by removal shall comply with the following requirements: i. All residual liquid, solids, or slud- ges shall be removed. ii. If the underground storage facil- ity contained a regulated substance that could produce flammable vapors at standard temperature and pres- sure, then the underground storage facility, either in part or as a whole, shall be purged of the flammable va- pors to levels that would preclude ex- plosion or such lower levels as may be required by the Department. iii. When an underground storage facility or any part of an underground storage facility is to be disposed of, the owner must document to the De- partment that proper disposal has been completed. iv. An owner of an underground storage facility or any part of an un- derground storage facility that is des- tined for a specific reuse shall identify to the Department the future under- ground storage facility owner, opera- tor, location of use, and nature of use. v. An owner of an underground storage facility or any part of an un- derground storage facility that is des- tined for reuse as scrap material shall identify this reuse to the Department. d. Standards and Requirements for Abandoning Tank in Place: A tank may be abandoned and closed in place, if it can be proven that removal of the tank could constitute a hazard to the immedi- ate structure or underground utilities. The closing in place is at the Fire Code Offi- cial’s approval. Owners of underground storage facilities who propose to perma- nently close a facility in place with prior approval of the Fire Code Official shall comply with the following: i. All residual liquid, solids, or slud- ges shall be removed. ii. All piping associated with the un- derground storage tank shall be re- moved and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all con- tents and capped. iii. The underground storage tank, except for the piping that is closed pursuant to the above subsection, shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonregulated sub- stance which is compatible with the previous use of the underground storage facility. iv. A notice shall be filed and re- corded with the County Auditor, which shall describe the exact verti- cal and area location of the closed underground storage facility, the reg- ulated substance it contained, and the closure method. e. Demonstration to Fire Code Offi- cial: The owner of an underground stor- age facility being closed shall demon- strate to the satisfaction of the Fire Code Official that no unauthorized release has occurred. This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or im- mediately after closure activities. If feasi- ble, soil samples shall be taken and ana- lyzed according to the following: i. If the underground storage facility or any portion thereof is removed, then soil samples from the soils im- mediately beneath the removed por- tions shall be taken. Sampling shall be conducted using the methods de- scribed in the Department of Ecol- ogy’s Guidance for Remediation of Petroleum Contaminated Soils (Doc- ument 91-30). At a minimum, a sep- arate sample shall be taken for every 4-5-130B 5 - 35 (Revised 8/14) two hundred (200) square feet for un- derground storage tanks or every twenty (20) lineal feet of trench for piping. ii. Methods used to analyze soil samples shall be in accordance with the Department of Ecology’s Guid- ance for Remediation of Petroleum Contaminated Soils (Document 91- 30). At a minimum, soils shall be an- alyzed for all constituents of the pre- viously stored regulated substances and their breakdown or transforma- tion products. (Amd. Ord. 5086, 6-21-2004) M. VARIANCES: The Fire Code Official shall have the authority to grant variances from the specific requirements of this Section, if it can be shown that the proposed method of installation, operation, or removal meets the intent of this Section. (Ord. 4147, 4-4-1988; Amd. Ord. 4963, 5-13-2002; Ord. 5086, 6-21-2004) 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE: A. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: The 2012 Edition of the International Property Maintenance Code is adopted as amended, added to, or excepted in this title, and shall be ap- plicable within the City, except Chapter 1 and Sections 303, 307, 308, and 507, which are not adopted. (Ord. 5710, 4-14-2014) B. AMENDMENTS: The following amendments to the Code are hereby adopted: 1. Section 301.2 is amended to read as fol- lows: Responsibility: The owner of the prem- ises shall maintain the structures and ex- terior property in compliance with these requirements, except as otherwise pro- vided for in this code. A person shall not occupy as owner-occupant or permit an- other person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this section. 2. Subsection 301.3, Vacant buildings and land, is deleted in its entirety and replaced by the following: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, se- cure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety or quality of life. 301.3.1 Appearance: All vacant build- ings must appear to be occupied, or ap- pear able to be occupied with little or no repairs. 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must re- main locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. 301.3.2.1 Architectural (cosmetic) structural panels: Architectural struc- tural panels may be used to secure win- dows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Archi- tectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi- glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. 301.3.2.2 Security fences: Temporary construction fencing may be used for a maximum period of thirty (30) days as a method to secure a building from entry. 4-5-130B (Revised 8/14)5 - 36 301.3.3 Weather protection: The exte- rior roofing and siding shall be main- tained as required in section 304. 301.3.4 Fire Safety: 301.3.4.1 Fire protection systems: All fire suppression and alarms systems shall be maintained in a working condi- tion and inspected as required by the Fire and Emergency Services Department. 301.3.4.2 Flammable liquids: No vacant building or premises or portion thereof shall be used for the storage of flamma- ble liquids or other materials that consti- tute a safety or fire hazard. 301.3.4.3 Combustible materials: All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. 301.3.4.3 Fire inspections: Periodic Fire and Emergency Services Depart- ment inspections may be required at in- tervals set forth by the Fire Chief. 301.3.5 Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with ap- plicable codes and be maintained in sound condition and good repair or re- moved and the service terminated in the manner prescribed by applicable codes. 301.3.5.1 Freeze protection: The build- ing’s water systems shall be protected from freezing. 301.3.6 Electrical: Electrical service lines, wiring, outlets or fixtures not in- stalled or maintained in accordance with applicable codes shall be repaired, re- moved or the electrical services termi- nated to the building in accordance with applicable codes. 301.3.7 Heating: Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with appli- cable codes. 301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be cov- ered and secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). 301.3.9 Termination of utilities: The code official may, by written notice to the owner and to the appropriate water, elec- tricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected. 301.3.9.1 Restoration of service: If wa- ter, electricity or gas service has been terminated or disconnected pursuant to section 301.3.9, no one except the utility may take any action to restore the ser- vice, including an owner or other private party requesting restoration of service until written notification is given by the code official that service may be re- stored. 301.3.10 Notice to person responsible: The code official may inspect the building and premises whenever the code official has reason to believe that a building is vacant, subject to a duly issued court warrant, if there is a present danger, or under the terms of the City’s community caretaking function. If the code official de- termines that a vacant building violates any provision of this section, the code of- ficial shall notify in writing the owner of the building or real property upon which the building is located, or other person re- sponsible, of the violations and required corrections and shall be given a time frame to comply. 301.3.10.1 Alternate requirements: The requirements and time frames of this section may be modified under an ap- proved Plan of Action. Within thirty (30) days of notification that a building or real property upon which the building is lo- cated is in violation of this section, an owner may submit a written Plan of Ac- tion for the code official to review and ap- prove if found acceptable. A Plan of Action may allow: 4-5-130B 5 - 37 (Revised 8/14) 1) Extended use of non-architec- tural panels. 2) Extended use of temporary se- curity fencing. 3) Extended time before the demo- lition of a building is required. 4) For substandard conditions to exist for a specific period of time, pro- vided the building is secured in an approved manner. When considering a Plan of Action, the building official shall take into consideration the mag- nitude of the violation and the impact to the neighborhood. 301.3.11 Enforcement: Violations of this section shall be enforced according to the provisions and procedures of RMC 1- 3-2 and subject to the monetary penalties contained therein. 301.3.11.1 Abatement: A building or structure accessory thereto that remains vacant and open to entry after the re- quired compliance date is found and de- clared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abate- ment shall be a lien against the real prop- erty and may be collected from the owner in the manner provided by law. 301.3.11.2 Unsafe buildings and equipment: Any vacant building or equipment therein declared unsafe is subject to the provisions of RMC 4-5-060 and the demolition provisions of RMC 4- 5-060. (Ord. 5676, 12-3-2012) 3. Section 302.4 is amended to read as fol- lows: Weeds: All premises and exterior prop- erty shall be maintained free from weeds or plant growth in excess of twelve inches in height on development property or twenty-four inches (24") in height on va- cant land. All noxious weeds shall be pro- hibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to the provi- sions of RMC 1-3-2, Civil Enforcement of Code. 4. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this sec- tion is to define and regulate the outdoor storage of materials on residential prop- erty while maintaining the character and use intended for single family residential neighborhoods. For purposes of this sec- tion, residentially zoned property is any property zoned RC, R1, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and R1 zoned proper- ties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maxi- mum of two hundred (200) square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the fol- lowing areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted ar- eas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor stor- age areas shall not prevent emergency access to the residential structure or any other building. 4-5-130C (Revised 8/14)5 - 38 308.5 Business related storage: Mate- rials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry in- cluding a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Mem- brane structures are considered outdoor storage, and subject to the location re- strictions in section 308.3. Such struc- tures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, colli- sion, accident or other forms of damage. Tarps and makeshift covers are prohib- ited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on resi- dentially zoned properties. (Ord. 5710, 4-14-2014) C. COPY ON FILE: At least one (1) copy of the adopted edition of the International Property Maintenance Code shall be on file in the office of the City Clerk. (Ord. 5549, 8-9-2010) 4-5-140 APPEALS: Appeals shall be filed as stipulated in RMC 4-8-110. (Ord. 4147, 4-4-1988; Amd. Ord. 4722, 5-11-1998; Ord. 4963, 5-13-2002; Ord. 5549, 8-9-2010. Formerly 4-5-130.) 4-5-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are civil infractions subject to RMC 1-3-2. (Ord. 4147, 4-4-1988; Amd. Ord. 4722, 5-11-1998; Ord. 4856, 8-21-2000; Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005; Ord. 5549, 8-9-2010; Ord. 5555, 10-11-2010. Formerly 4-5- 140.) 6 - i (Revised 3/14) Chapter 6 STREET AND UTILITY STANDARDS CHAPTER GUIDE: The development-related requirements for water, sewer, storm drainage and street construction are contained in chapter 4-6 RMC. Fee-related information for developers and builders (i.e., utility fees, including system charges) is found in chapter 4-1 RMC. Permit application submittal and review requirements (e.g., public works permits, etc.) are located in chapter 4-8 RMC. Non-devel- opment-related utility and street regulations (e.g., monthly stormwater service fees or garbage collec- tion procedures, and others) are found in RMC Title 8 or 9. This Chapter last amended by Ord. 5703, December 9, 2013. SECTION PAGE NUMBER NUMBER 4-6-010 GENERAL STANDARDS APPLICABLE TO DEVELOPER EXTENSIONS TO THE UTILITY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.Conditions and Standards for Constructing Utility Extensions . . . . . . . . . . . . . 1 B.Mains to Extend Full Width of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Special Exception for Sanitary Sewer Extensions . . . . . . . . . . . . . . . . . . . . 1 C.Oversizing of Utilities and Reimbursement by City . . . . . . . . . . . . . . . . . . . . . . 1 4-6-020 CROSS CONNECTION CONTROL STANDARDS . . . . . . . . . . . . . . . . . . . . . 1 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C.Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D.Installation of Backflow Prevention Assemblies . . . . . . . . . . . . . . . . . . . . . . . . 2 E.Types of Backflow Prevention Assemblies Required . . . . . . . . . . . . . . . . . . . . 2 F.Responsibilities of Owner and Utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Water Utilities Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Plan Review Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G.Annual Inspection and Testing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS . . . . . . . . . . . . . . . . . . . . . . . 4 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C.Adoption of Surface Water Design Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D.When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E.Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. When Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Scope of Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Core Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 a. Core Requirement 1 – Discharge at the Natural Location . . . . . . . . . . . 5 b. Core Requirement 2 – Offsite Analysis . . . . . . . . . . . . . . . . . . . . . . . . . 5 c. Core Requirement 3 – Flow Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 d. Core Requirement 4 – Conveyance System . . . . . . . . . . . . . . . . . . . . . 7 e. Core Requirement 5 – Erosion and Sediment Control . . . . . . . . . . . . . . 7 f. Core Requirement 6 – Maintenance and Operation. . . . . . . . . . . . . . . . 7 g. Core Requirement 7 – Financial Guarantees and Liability. . . . . . . . . . . 7 SECTION PAGE NUMBER NUMBER (Revised 3/14)6 - ii h. Core Requirement 8 – Water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. Special Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 a. Special Requirement 1 – Other Area Specific Requirements . . . . . . . . . 8 b. Special Requirement 2 – Flood Hazard Delineation . . . . . . . . . . . . . . . . 8 c. Special Requirement 3 – Flood Protection Facilities . . . . . . . . . . . . . . . . 8 d. Special Requirement 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 e. Special Requirement 5 – Oil Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 f. Special Requirement 6 – Aquifer Protection Area (APA) . . . . . . . . . . . . . 8 F. Requirements for Drainage Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. Adoption of Stormwater Pollution Prevention Manual (SPPM) . . . . . . . . . . . . . . 8 H. Discharge Prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Prohibition of Illicit Discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Prohibition of Illicit Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Elimination of Illicit Connection and/or Illicit Discharge . . . . . . . . . . . . . . . 10.1 5. Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1 6. Inspections, Investigation and Sampling . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 I.Review and Approval of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 1. Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 2. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 3. Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 4. Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 J.Bonds and Liability Insurance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2 1. Construction Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.3 2. Maintenance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.3 3. Liability Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.3 K.Maintenance of Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.3 1. Drainage Facilities Accepted by the City of Renton for Maintenance . . . 10.3 2. Drainage Facilities Not Accepted by the City for Maintenance . . . . . . . . 10.4 L.Retroactivity Relating to City Maintenance of Subdivision Facilities . . . . . . . 10.5 M.Adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 N. Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 O. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 P.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.5 4-6-040 SANITARY SEWER STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.6 A.Connection to City Sewer Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.6 1. Exception for Connection to Private Sewage System . . . . . . . . . . . . . . . 10.6 B.Responsibility for Sewer Management Facilities . . . . . . . . . . . . . . . . . . . . . . . . 11 C.Service Outside of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D.Use of Septic Tanks, Privies or Cesspools . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E.Permit Required for Connection to City Sewer . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Connection Approval Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Permit Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Submittal Requirements and Application Fees . . . . . . . . . . . . . . . . . . . . . . 11 F.Public Sewer Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Costs and Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION PAGE NUMBER NUMBER 6 - iii (Revised 3/13) 3. Public Sewer Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.Repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. Manhole Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 a. Where Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 b. Covers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 c. Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 d. Manhole Requirements for Industrial Wastes . . . . . . . . . . . . . . . . . . . 12 6. Lift Station Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Supervision Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8. Public Sewer Extension Requires Developer Agreement . . . . . . . . . . . . . 13 G.Private (Building) Sewer Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Independent Sewer Required for Every Building . . . . . . . . . . . . . . . . . . . . 13 2. Private Sewer Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Size and Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4. Special Allowance for Lesser Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Pipe Location, Elevation, Etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Trenching Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Joints and Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8. Grease, Oil and Sand Interceptors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 a. When Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 b. Type, Capacity and Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 c. Construction Materials and Standards . . . . . . . . . . . . . . . . . . . . . . . . 14 d. Maintenance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10. Precautions While Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11. Restoration of Public Property Required . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12. Surety Bond Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13. Use of Old Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 H.Connection of Private (Building) Sewer to Public Sewer . . . . . . . . . . . . . . . . . 14 1. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Permit and Supervision by Utility Required . . . . . . . . . . . . . . . . . . . . . . . . 14 I.Private Sewage Disposal Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Inspection and Approval by Utilities Engineer . . . . . . . . . . . . . . . . . . . . . . 15 3. Standards and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Maintenance Requirements and Discharge Prohibitions . . . . . . . . . . . . . . 15 5. Additional Requirements of Health Officer . . . . . . . . . . . . . . . . . . . . . . . . 15 6. Standards for Abandoning Private Sewage Disposal Facilities . . . . . . . . . 15 J.Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Zone 1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 a. Wastewater Disposal – Zone 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 b. Additional Zone 1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Zone 2 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. Wastewater Disposal – Zone 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 b. Additional Zone 2 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4-6-050 STREET PLAN ADOPTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION PAGE NUMBER NUMBER (Revised 3/13)6 - iv 4-6-060 STREET STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 C.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 D.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 E.Right-of-Way Dedication Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Dedication Required for Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Amount of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Waiver of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 F.Public Street Right-of-Way Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Level of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 a. Street Lighting Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 b. Additional Walkway Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Minimum Design Standards for Public Streets and Alleys . . . . . . . . . . . . . 17 3. Length of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4. Additional Alley Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5. Pavement Thickness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Minimum Sidewalk Measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7. Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 a. Horizontal Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 b. Vertical Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 c. Tangents for Reverse Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8. City Center Planning Area and Urban Design Districts – Special Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9. Vehicular Access and Connection Points To and From the State Highway System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 G. Complete Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Complete Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 H.Dead End Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1. Limited Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2. Cul-de-Sacs and Turnarounds When Permitted – Minimum Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3. Turnaround Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Cul-de-Sac Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5. Secondary Access Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6. Waiver of Turnaround . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 I.Street and Pedestrian Lighting Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1. Lighting Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Lighting Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3. Average Maintained Illumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4. Uniformity Ratios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5. Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 J.Private Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Minimum Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3. Signage Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION PAGE NUMBER NUMBER 6 - v (Revised 3/13) 4. Easement Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5. Timing of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 K.Shared Driveways – When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 L.Timing for Installation of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 M.Plan Drafting and Surveying Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 N.Review of Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Fees and Submittal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3. Cost Estimate Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 O.Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Authority and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 P.Latecomer’s Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Latecomer’s Agreements Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Process for Latecomer’s Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Q.Variations from Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Alternates, Modifications, Waivers, Variances . . . . . . . . . . . . . . . . . . . . . 24 2. Half Street Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 a. When Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 b. Minimum Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 c. Standards for Completion of the Half Street . . . . . . . . . . . . . . . . . . . . 24 R.Deferral of Improvement Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 S.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 T.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 4-6-070 TRANSPORTATION CONCURRENCY REQUIREMENTS . . . . . . . . . . . . 24.1 A.Authority and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 B.Definitions of Terms Used in This Section . . . . . . . . . . . . . . . . . . . . . . . . . . 24.1 C.Applicability and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 2. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 D.Concurrency Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 1. Test Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 2. Written Finding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 3. Failure of Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.2 E.Transferability of Written Finding of Concurrency . . . . . . . . . . . . . . . . . . . . . 24.2 F.Expiration of Written Finding of Concurrency . . . . . . . . . . . . . . . . . . . . . . . . 24.3 G.Reconsideration of Concurrency Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Notification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2. Reconsideration Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4. Options to Achieve Concurrency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5. One Hundred Twenty (120) Day Time Limit Suspended . . . . . . . . . . . . . . 25 H.Appeal of Project Application Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I.Concurrency Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4-6-080 WATER SERVICE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 A.Compliance Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1. Building Section Responsibility for Report to Engineer . . . . . . . . . . . . . . . 26 B.Connection without Permission Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SECTION PAGE NUMBER NUMBER (Revised 3/13)6 - vi C.Connection to Water Main Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1. Utilities Engineer Maintenance Responsibility . . . . . . . . . . . . . . . . . . . . . . . 26 a. Connection Required Prior to Street Paving . . . . . . . . . . . . . . . . . . . . . 26 b. City Notification of Requirement to Connect . . . . . . . . . . . . . . . . . . . . . 26 c. Failure to Connect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 D.Separate Water Service Connections Required . . . . . . . . . . . . . . . . . . . . . . . . 26 E.Alternative Water Service Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 F.Water Use for Construction Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 G.Supervision Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 H.Private Water Pipe Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1. Acceptable Pipe Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. Minimum Pipe Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3. Minimum Pipe Installation Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4. Minimum Pressure Tolerance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5. Sterilization Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6. General Design Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 I.Meter Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 J.Permit Required for Meter Removal or Re-installation . . . . . . . . . . . . . . . . . . . 27 K.Installation of Service Prior to Completion of Street Construction . . . . . . . . . . 28 4-6-090 UTILITY LINES – UNDERGROUND INSTALLATION . . . . . . . . . . . . . . . . . . 28 A.Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B.Administering and Enforcing Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 C.Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 D.Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 E.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1. Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Fees Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3. As-Built Plans Required for Underground Projects . . . . . . . . . . . . . . . . . . . 29 F.Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1. Standards Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2. Coordination with Other Facilities Required . . . . . . . . . . . . . . . . . . . . . . . . 29 3. Wheel Load Requirements – Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Grading of Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Joint Trenches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 a. Delay of Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 b. Provision for Joint Services Across Public Right-of-Way Required . . . . 29 c. Responsibility for Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6. Standards for Above-Ground Installations . . . . . . . . . . . . . . . . . . . . . . . . . 29 7. Standards for Above-Ground Pole Line Installations . . . . . . . . . . . . . . 30/32 G.Variance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/32 1. Authority and Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/32 2. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/32 H.Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/32 I.Violations of this Section and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/32 4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER . . . . . . . . . . . . . . . 30/32 4-6-110 VIOLATIONS OF THIS CHAPTER AND PENALTIES . . . . . . . . . . . . . . . . . . 35 4-6-020C 6 - 1 (Revised 3/13) 4-6-010 GENERAL STANDARDS APPLICABLE TO DEVELOPER EXTENSIONS TO THE UTILITY SYSTEM: A. CONDITIONS AND STANDARDS FOR CONSTRUCTING UTILITY EXTENSIONS: The City’s Utility Division shall publish from time to time a “Conditions and Standards for Con- structing Utility Developer Extensions”. All devel- oper extensions shall abide and fully comply with said Standards. From time to time these Stan- dards shall be updated in accordance with the “Standard Specifications for Municipal Public Works Construction of the American Public Works Association”, “Recommended Standards for Sewage Work”, the American Water Works Association (AWWA) Standards, Insurance Ser- vices Office (ISO) requirements, the American Public Works Association (APWA) Standards and with prevailing good practices relative to such ex- tension and installations. (Ord. 3056, 8-9-1976 and Ord. 3055, 8-9-1976, eff. 7-1-1976) B. MAINS TO EXTEND FULL WIDTH OF PROPERTY: All extensions shall extend to and across the full width of the property served with water and sewer. No property shall be served with City wa- ter or sewer unless the main is extended to the extreme boundary limit of said property line ex- tending full length of the front footage of said property. (Ord. 2849, 5-13-1974) 1. Special Exception for Sanitary Sewer Extensions: All installations shall extend to and across the full width of the property served with sanitary sewer except when it is shown by engineering methods, to the satis- faction of the wastewater utility, that future ex- tension of the sewer main is not possible or necessary. If an exemption is granted, the property owner is not relieved of the respon- sibility to extend the main and shall execute a covenant agreeing to participate in an exten- sion if, in the future, the wastewater utility de- termines that it is necessary. (Ord. 4343, 2-3-1992) C. OVERSIZING OF UTILITIES AND REIMBURSEMENT BY CITY: If it has been determined that it would be to the best interests of the City and the general locality to be benefited thereby to install a larger size main than one then needed or considered by the subdivider, owners or developers immediately abutting upon the street, alley or easement in which such a main is to be placed, then the City may, at its discretion, require the installation of such a larger sized main in which case the City shall pay the increased difference in cost between the installation cost of the similar main and of the larger main. (Ord. 2849, 5-13-1974) Any party required to oversize utilities may re- quest that utility participate in the cost of the project. (Ord. 4506, 4-10-1995 and Ord. 4415, 8-16-1993) 4-6-020 CROSS CONNECTION CONTROL STANDARDS: A. PURPOSE: 1. National standards of safe drinking water have been established. The City, as a water purveyor, has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system. (Ord. 4312, 5-13-1991) 2. This Section is to protect the health of the water consumer and the potability of the wa- ter in the distribution system. This is accom- plished by eliminating or controlling all actual (direct) and potential (indirect) cross connec- tions between potable and nonpotable sys- tems through the use of approved backflow prevention assemblies. B. APPLICABILITY: This Chapter applies throughout the water ser- vice area of the City. It applies to all systems in- stalled prior to or after its enactment. Therefore, anyone wanting or using water from the City is re- sponsible for compliance with these regulations and shall be strictly liable for all damage incurred as a result of failure to comply with the express terms and provisions contained herein. C. AUTHORITY: The Public Works Administrator will administer the provisions of the Chapter. The Administrator will designate cross connection specialists and propound all needful rules and regulations to im- plement these provisions. The Water Utility Sec- tion of the Utility Systems Division will be responsible for monitoring and inspecting all ex- 4-6-020D (Revised 3/13)6 - 2 isting cross connection assemblies and for keep- ing all records generated by the cross connection control program. The Plan Review Section of the Development Services Division of the Depart- ment of Community and Economic Development will be responsible for reviewing all new and re- vised plans for cross connections. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) D. INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES: Backflow prevention assemblies required by this Chapter must be installed so as to be readily ac- cessible for maintenance and testing. All assem- blies shall be connected at the meter, the property line when meters are not used, or within any pre- mises where, in the judgment of the City Cross Connection Control Specialist, the nature and ex- tent of activity on the premises or the materials used or stored on the premises could present a health hazard should a cross connection occur. This includes: 1. Premises having an auxiliary water sup- ply. 2. Premises having internal cross connec- tions that are not correctable, or intricate plumbing arrangements which make it im- practical to ascertain whether or not cross connections exist. 3. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficient short notice to assure that cross connections do not exist. 4. Premises having a repeated history of cross connections being established or re-es- tablished. 5. Premises on which any substance is han- dled under pressure so as to permit entry into the public water system, or where a cross connection could reasonably be expected to occur. This includes the handling of process waters and cooling waters. 6. Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage should occur, a health hazard may result. 7. Hospitals, mortuaries, clinics. 8. Laboratories. 9. Piers and docks. 10. Sewage treatment plants. 11. Food or beverage processing plants. 12. Chemical plants using a water process. 13. Metal plating industries. 14. Petroleum processing or storage plants. 15. Radioactive material processing plants or nuclear reactors. 16. Car washes. 17. Process waters or cooling towers. 18. Fire sprinkler systems. 19. Irrigation systems. 20. Solar hot water systems. 21. Others specified by the Administrator. (Ord. 5676, 12-3-2012) E. TYPES OF BACKFLOW PREVENTION ASSEMBLIES REQUIRED: Specific types of backflow prevention assemblies are required in the following conditions: 1. An air-gap separation or reduced princi- ple backflow prevention assembly shall be in- stalled where the water supply may be contaminated by industrial waste of a toxic nature or any other contaminant which would cause a health or system hazard. 2. An air gap must be used between a pota- ble water supply and sewer connected wastes. 3. Lawn sprinkler or irrigation systems, which are supplied by City water only, shall be required to have a pressure vacuum breaker. If such system contains an auxiliary pump or is subject to chemical additives a double-check valve assembly, air-gap sepa- ration or a reduced pressure principle back- flow prevention assembly will be required. 4-6-020G 6 - 3 (Revised 3/10) F. RESPONSIBILITIES OF OWNER AND UTILITY: 1. Water Utilities Section: a. The Water Utilities Section will per- form evaluations and inspections of plans/or premises of all existing facilities and inform the owner, by letter, of any corrective action deemed necessary, the method of achieving the correction and the time allowed for the correction to be made. b. The Water Utilities Section shall in- sure that all backflow prevention assem- blies are tested annually to insure satisfactory operation. c. The Water Utilities Section shall in- form the owner, by letter, of any failure to comply by the time of the first reinspec- tion. An additional fifteen (15) days will be allowed for the correction. In the event the owner fails to comply with the neces- sary correction by the time of the second reinspection, the Water Utilities Section will inform the owner, by letter, that the water service to the owner’s premises will be terminated within a period not to ex- ceed five (5) days. d. If the Water Utilities Section deter- mines at any time that a serious threat to the public health exists, the water service will be terminated immediately and with- out notice. 2. Plan Review Section: On new installa- tions the Plan Review Section will provide on- site evaluation and/or inspection of plans in order to determine if cross connections exist and what type of backflow preventer, if any, will be required before a water meter permit can be issued. 3. Owner: a. The owner shall be responsible for the elimination or protection of all cross connections on his property. b. The owner, whether notified by the City or not, shall at his expense install, maintain and have tested by a certified tester any and all backflow preventers on his premises. c. The owner shall return to the City the assembly test reports within thirty (30) days after receipt of the yearly test notifi- cation. d. The owner shall inform the Water Utilities Section of any proposed or mod- ified cross connections. e. Owners who cannot shut down oper- ation for testing of assemblies must pro- vide bypass piping with an additional backflow assembly at their expense. f. The owner shall only install backflow preventers which are approved by the Washington State Department of Health. g. The owner shall install backflow pre- venters only in a manner approved by the Washington State Department of Health. h. The owner may be required to install a backflow preventer at the service en- trance if a private water source is main- tained on his premises, even if it is not cross connected to the City’s system. i. Failure of the owner to cooperate in the installation, maintenance, repair, in- spection and testing of backflow preven- ters required by this Section shall be grounds for the termination of water ser- vice or the requirements of an air-gap separation. G. ANNUAL INSPECTION AND TESTING REQUIREMENTS: All reduced pressure principle backflow assem- blies, double check valve assemblies, pressure vacuum breaker assemblies and air gaps in- stalled in lieu of a backflow preventer shall be in- spected and tested annually, or more often when successive inspections indicate failure. All in- spections and testing will be performed by a cer- tified tester. The test reports shall be returned to the City within thirty (30) days after receipt of the yearly test notification. (Ord. 4312, 5-13-1991) 4-6-030A (Revised 3/10)6 - 4 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS: A. PURPOSE: 1. The purpose of this Section shall be to promote and develop policies with respect to the City’s watercourses and to preserve them by minimizing water quality degradation by previous siltation, sedimentation and pollu- tion of creeks, streams, rivers, lakes and other bodies of water, and to protect property owners tributary to developed and undevel- oped land from increased runoff rates and to ensure the safety of roads and rights-of-way. 2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimenta- tion; prevent and mitigate habitat loss; en- hance groundwater recharge; and prevent water quality degradation through permit re- view, construction inspection, enforcement, and maintenance in order to promote the ef- fectiveness of the requirements. 3. It shall also be a purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribu- tion of pollutants, consisting of any material other than stormwater, including but not lim- ited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely im- pact surface and groundwater quality of the City and the State of Washington, in order to comply with requirements of the National Pol- lutants Discharge Elimination System (NP- DES) Phase II Municipal Stormwater Permit. (Ord. 5526, 2-1-2010) B. ADMINISTERING AND ENFORCING AUTHORITY: The Administrator of the Public Works Depart- ment is responsible for the general administration and coordination of this Section. All provisions of this Section shall be enforced by the Administra- tor or his or her designated representatives. (Ord. 5526, 2-1-2010) C. ADOPTION OF SURFACE WATER DESIGN MANUAL: The 2009 King County Surface Water Design Manual (KCSWDM), as now or as hereafter may be amended by King County or the City of Renton, and hereby referred to as the Surface Water Design Manual, is hereby adopted by ref- erence, with the exception of Chapters 1 and 2 of the King County Surface Water Design Manual which are not adopted. Chapters 1 and 2 of the Surface Water Design Manual, as amended by the City of Renton to specify local requirements and procedures, are hereby adopted by refer- ence. References 1, 2, 3, 4A, 4B, 4D, 7B, 7C, 8F, 8G, 9 and 10 of the King County Surface Water Design Manual are not adopted. One copy of the Surface Water Design Manual shall be filed with the City Clerk including any amendments thereto. (Ord. 5526, 2-1-2010) D. WHEN REQUIRED: All persons applying for any of the following per- mits and/or approvals shall submit for approval a drainage plan with their application and/or re- quest: 1. Mining, excavation or grading permit or li- cense; 2. Shoreline permit; 3. Flood control zone permit; 4. Subdivision; 5. Short plat; 6. Special permit; 7. Temporary permit when involving land disturbance; 8. Building Permit; 9. Planned urban development; 10. Site plan approval; 11. Construction Permit; 12. Stormwater Permit; 13. Binding Site Plan; 14. Any other development or permit appli- cation which will affect the drainage in any way. The plan submitted during one permit approval process may be subsequently sub- mitted with further required applications. The plan shall be supplemented with additional in- 4-6-030E 6 - 5 (Revised 3/13) formation at the request of the Public Works Department. (Ord. 5526, 2-1-2010) E. DRAINAGE REVIEW: 1. When Required: A drainage review is required when any proposed project is sub- ject to a City of Renton permit or approval as determined under subsection D of this Sec- tion and: a. Would result in two thousand (2,000) square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or b. Would involve seven thousand (7,000) square feet of land disturbing ac- tivity; or c. Would construct or modify a drainage pipe or ditch that is twelve inches (12") or more in size or depth or receives surface or stormwater runoff from a drainage pipe or ditch that is twelve inches (12") or more in size or depth; or d. Contains or is abutting a critical area designation, defined and regulated in RMC 4-3-050; or (Ord. 5676, 12-3-2012) e. Is a single family residential develop- ment that would result in new impervious surface, replaced impervious surface or new plus replaced impervious surface. 2. Scope of Review: The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of devel- opment and potential for impacts to the re- gional surface water system to facilitate preparation and review of project applica- tions. If drainage review for a proposed project is required under subsection E1 of this Section, the Renton Development Services Division shall determine which of the follow- ing drainage reviews apply as specified in the Surface Water Design Manual: a. Small project drainage review (also known as residential building permit drainage review); b. Targeted drainage review; c. Full drainage review; d. Large project drainage review. 3. Core Requirements: A proposed project required to have drainage review by subsec- tion E1 of this Section must meet each of the following core requirements which are de- scribed in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage review) that meet the small project drainage requirements specified in the Surface Water Design Man- ual, including flow control best management practices, erosion and sediment control mea- sures, and drainage plan submittal require- ments are deemed to comply with the following core requirements: a. Core Requirement 1 – Discharge at the Natural Location: All surface and stormwater runoff from a project shall be discharged at the natural location so as not to be diverted onto, or away from, downstream properties. The manner in which runoff is discharged from the project site shall not create a significant adverse impact to downhill properties or drainage systems as specified in the dis- charge requirements of the Surface Wa- ter Design Manual. b. Core Requirement 2 – Offsite Analysis: The initial application submit- tal for proposed projects shall include an offsite analysis report that assesses po- tential offsite drainage impacts associ- ated with development of the proposed site and proposes appropriate mitigations to those impacts. This initial submittal shall include, at minimum, a Level One downstream analysis as described in the Surface Water Design Manual. If impacts are identified, the proposed projects shall meet any applicable problem-specific re- quirements as specified in the Surface Water Design Manual. c. Core Requirement 3 – Flow Con- trol: i. Proposed projects including rede- velopment projects that would result in two thousand (2,000) square feet or more of new plus replaced imper- vious surface or thirty five thousand (35,000) square feet or more of new 4-6-030E (Revised 3/13)6 - 6 pervious surface, shall provide flow control facilities or flow control BMPs, or both, to control surface and stormwater runoff generated by new impervious surface, new pervious surface, and replaced impervious surface, as specified in the Surface Water Design Manual. ii. All projects shall implement flow control BMPs in conjunction with, and in addition to, any flow control fa- cilities that may be necessary. Flow control BMPs shall be applied as specified in the Surface Water De- sign Manual applicable to the project, and in accordance with Washington vesting law. (a) For subdivision projects ap- proved after January 1, 2011, im- plementation of flow control BMPs on individual lots of the subdivision is required. The eval- uation and selection of the flow control BMP shall be done at the platting stage. The construction of the selected flow control BMPs on individual lots within a subdivision may be deferred until a building permit is obtained for construction on each lot. (b) For lots within subdivisions approved prior to January 1, 2011, implementation of flow control BMPs on individual lots is required. The evaluation, selec- tion and construction of the se- lected flow control BMP on individual lots within a subdivi- sion will be addressed as part of single family residential building permit drainage review at time of application for building permit. Flow control BMPs shall be ap- plied as specified in the Surface Water Design Manual applicable to the project, and in accordance with Washington vesting law. (c) For projects within right-of- way, implementation of flow con- trol BMPs is optional. An adjust- ment request may be necessary. (d) For commercial develop- ments, industrial developments and multifamily developments, or other projects not listed above, implementation of flow control BMPs is required. (e) City permit applications re- sulting in less than two thousand (2,000) square feet of new plus replaced impervious surface where connection to the existing storm system is not available, or will cause flooding or erosion problems, implementation of flow control BMPs is required. iii. Projects subject to area-specific flow control facility requirements as shown in Reference 11-A of the Sur- face Water Design Manual shall meet one of the following flow control facility performance criteria as di- rected in the Surface Water Design Manual: (a) Peak Rate Flow Control Standard: Shall match the pre- developed site’s peak discharge rates for the two (2) year, ten (10) year and one hundred (100) year return periods assuming existing site conditions as the predevel- oped site condition; (b) Flow Control Duration Standard (for Existing Site Conditions): Shall match the predeveloped site’s discharge duration for the discharge rates between fifty percent (50%) of the two (2) year peak flow through the fifty (50) year peak flow and the two (2) and ten (10) year peak discharge assuming existing site conditions as the predeveloped site condition; (c) Flow Control Duration Standard (for Forested Site Conditions): Shall match the predeveloped site’s discharge duration for the discharge rates between fifty percent (50%) of the two (2) year peak flow through the fifty (50) year peak 4-6-030E 6 - 7 (Revised 4/12) flow and the two (2) and ten (10) year peak discharge assuming forested site conditions as the predeveloped site condition. (d) Flood Problem Flow Con- trol Standard: Shall meet the flow control duration standard in subsection E3c(iii)(c) of this Sec- tion and also match the prede- veloped site’s discharge rate for the one hundred (100) year re- turn period. d. Core Requirement 4 – Convey- ance System: All engineered convey- ance system elements for proposed projects shall be analyzed, designed and constructed to provide the minimum level of protection against overtopping, flood- ing, erosion and structural failure as specified by the conveyance require- ments for new and existing systems and conveyance implementation require- ments described in the Surface Water Design Manual. e. Core Requirement 5 – Erosion and Sediment Control: All proposed projects that will clear, grade or otherwise disturb the site shall provide erosion and sedi- ment control that prevents, to the maxi- mum extent practicable, the transport of sediment from the site to drainage facili- ties, water resources and adjacent prop- erties. Erosion and sediment controls shall be applied in accordance with RMC 4-4-060 and RMC 4-4-130 as specified by the temporary erosion and sediment control measures and performance crite- ria and implementation requirements in the Surface Water Design Manual. f. Core Requirement 6 – Maintenance and Operation: Maintenance of all drain- age facilities in compliance with City of Renton Maintenance Standards is the re- sponsibility of the applicant or property owner as described in the Surface Water Design Manual except those facilities for which the City assumes maintenance and operations as described in subsec- tion K of this Section and the Surface Wa- ter Design Manual. g. Core Requirement 7 – Financial Guarantees and Liability: All drainage facilities constructed or modified for projects, except downspout infiltration and dispersion systems for single-family residential lots, must comply with the lia- bility requirements of RMC 4-6-030M. h. Core Requirement 8 – Water Qual- ity: Proposed projects that would result in five thousand (5,000) square feet or more of new pollution generating impervi- ous surface or thirty five thousand (35,000) square feet or more of new pol- lution-generating pervious surface, or that are redevelopment projects that would result in a total of five thousand (5,000) square feet or more of new and replaced pollution-generating impervious surface, shall provide water quality treat- ment facilities to treat polluted surface and stormwater runoff generated by new or replaced pollution-generating impervi- ous surface, as specified in the Surface Water Design Manual. Water quality treatment facilities shall meet the land- use water quality treatment requirements and the water quality implementation re- quirements applicable to the project site as specified in the Surface Water Design Manual. The facilities specified by these requirements are designed to reduce pol- lutant loads according to the applicable annual average performance goals listed in subsections E3h(i) and (ii) of this Sec- tion for ninety five percent (95%) of the annual average runoff volume: i. For basic water quality: remove eighty percent (80%) of the total sus- pended solids; ii. For enhanced basic water qual- ity: remove fifty percent (50%) of the total zinc. 4. Special Requirements: A proposed project required by subsection E of this Sec- tion to have drainage review shall meet any of the following special requirements which ap- ply to the site and which are described in de- tail in the Surface Water Design Manual. The City of Renton Development Services Divi- sion shall verify if a proposed project is sub- ject to and must meet any of the following special requirements: 4-6-030F (Revised 4/12)6 - 8 a. Special Requirement 1 – Other Area Specific Requirements: The Sur- face Water Utility may apply a more re- strictive requirement for controlling drainage on an area-specific basis. Other adopted area-specific regulations may in- clude requirements that have a direct bearing on the drainage design of a pro- posed project. b. Special Requirement 2 – Flood Hazard Delineation: If a proposed project contains or is adjacent to a stream, lake, wetland or closed depres- sion, or if other City regulations require study of flood hazards relating to the pro- posed project, the one hundred (100) year floodplain boundaries and floodway shall be determined and delineated on the site improvement plans and profiles and any final maps prepared for the pro- posed project. The flood hazard study shall be prepared for as specified in the Surface Water Design Manual. c. Special Requirement 3 – Flood Protection Facilities: If a proposed project contains or is adjacent to a stream that has an existing flood protection facil- ity, such as a levee, revetment or berm, or proposes to either construct a new or modify an existing flood protection facil- ity, then the flood protection facilities shall be analyzed and designed as specified in the Surface Water Design Manual to con- form with the Federal Emergency Man- agement Agency regulations as found in 44 C.F.R. d. Special Requirement 4: All com- mercial, industrial and multifamily projects (irrespective of size) undergoing drainage review are required to imple- ment applicable source control in accor- dance with the King County Stormwater Pollution Prevention Manual and the Sur- face Water Design Manual. e. Special Requirement 5 – Oil Con- trol: If a proposed project is a high-use site, then oil control shall be applied to all runoff from the high-use portion of the site as specified in the Surface Water De- sign Manual. f. Special Requirement 6 – Aquifer Protection Area (APA): If a proposed project is located within the APA as iden- tified in RMC 4-3-050, then the project must comply with drainage requirements in the Surface Water Design Manual and RMC 4-3-050. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011) F. REQUIREMENTS FOR DRAINAGE REVIEW: All persons applying for drainage review as spec- ified in subsection E1 of this Section shall submit to the Development Services Division all engi- neering plans for review in accordance with the Surface Water Design Manual. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer regis- tered and licensed in the State of Washington. (Ord. 5526, 2-1-2010) G. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL (SPPM): The 2009 King County Stormwater Pollution Pre- vention Manual (SPPM), as now or as hereafter may be amended by King County or the City of Renton, and hereby referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk including any amend- ments thereto. (Ord. 5526, 2-1-2010) H. DISCHARGE PROHIBITION: 1. Prohibition of Illicit Discharge: Materi- als, whether or not solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, dis- posed or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses. a. Examples of illicit discharge include but are not limited to the following: i. Trash, debris or garbage; ii. Construction materials or waste- water; iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil or heating oil; 4-6-030H 6 - 8.1 (Revised 4/12) iv. Antifreeze, brake fluid, wind- shield cleaner and other automotive products; v. Metals in either particulate or dis- solved form; vi. Flammable or explosive materi- als or substances; vii. Radioactive materials; viii. Acids or batteries of any kind; ix. Alkalis or bases; x. Paints, stains, resins, lacquers, or varnishes; xi. Degreasers, solvents or chemi- cals used in laundries or dry clean- ers; xii. Drain cleaners; xiii. Pesticides, herbicides and fer- tilizers; xiv. Steam cleaning wastes; xv. Soaps, detergents, ammonias; xvi. Swimming pool and spa clean- ing wastewater and filter backwash containing water disinfectants (chlo- rine, bromine, or other chemicals); xvii. Heated water; xviii. Domestic animal waste; xix. Sewage; xx. Recreational vehicle wastewa- ter or sewage; xxi. Animal carcasses; xxii. Food waste; xxiii. Bark and other fibrous mate- rial; xxiv. Collected lawn clippings, leaves, branches or other yard waste material; xxv. Silt, sediment or gravel; xxvi. Dyes; xxvii. Chemicals not normally found in uncontaminated water; xxviii. Wastewater or process water (including filtered or purified); xxix. Any pollution or contaminant as referenced in the Stormwater Pol- lution Prevention Manual; and xxx. Any hazardous material as de- fined in RMC 4-11-080, or waste not listed above and any other process- (Revised 4/12)6 - 8.2 This page left intentionally blank. 4-6-030H 6 - 9 (Revised 3/13) associated discharge except as oth- erwise allowed in this Section. b. The following are examples of al- lowed discharges by this Section if the discharges do not contain pollutants and unless the Administrator evaluates and determines that they are causing an ad- verse impact: i. Diverted stream flows; ii. Spring water; iii. Rising groundwater; iv. Uncontaminated groundwater infiltration; v. Uncontaminated pumped groundwater; vi. Foundation or footing drains; vii. Water from crawl space pumps; viii. Air conditioning condensation; ix. Flows from riparian habitat and wetland; x. Discharges from emergency fire fighting activities; xi. Discharges specified in writing by the authorized enforcement agency as being necessary to pro- tect public health and safety; xii. Irrigation water from an agricul- tural source that is commingled with stormwater runoff; xiii. Storm system dye testing is al- lowable by the City, and any dye test- ing by others requires verbal notification to the Public Works De- partment at least one day prior to the date of the test. c. Activities that may result in illicit dis- charge, unless the application of best management practices (BMPs) as speci- fied in the Stormwater Pollution Preven- tion Manual are utilized, include but are not limited to: i. Discharges from potable water sources, including water line flush- ing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlo- rinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity con- trolled to prevent resuspension of sediments into the MS4; ii. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a min- imum, public education activities and water conservation efforts; iii. Dust control with potable water; iv. Automotive, airplane and boat washing; v. Pavement and building washing; vi. Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and re- oxygenized if necessary, volumetri- cally and velocity controlled to prevent resuspension of sediments in the MS4; vii. Auto repair and maintenance; viii. Building repair and mainte- nance; ix. Landscape maintenance; x. Hazardous waste handling; xi. Solid and food waste handling; xii. Application of pesticides; xiii. Non-stormwater discharge per- mitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applica- ble requirements and regulations. d. A person does not violate this sub- section H if: 4-6-030H (Revised 3/13)6 - 10 i. That person has properly de- signed, constructed, implemented and is maintaining BMPs as required by this Chapter and Section, but con- taminants continue to enter surface and stormwater and underground water; ii. That person can demonstrate that there are no additional contami- nants in discharges from the site above the background conditions of water entering the site; iii. The discharge is a result of an emergency response activity or other action that must be undertaken im- mediately or within a time too short to allow full compliance with this Chap- ter or Section in order to avoid an im- minent threat to public health or safety. The Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency re- sponse activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence. e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection H or the Stormwa- ter Pollution Prevention Manual, through illicit connections, dumping, spills, im- proper maintenance of BMPs or other discharges, that allow contaminants to enter surface and stormwater or ground- water, shall be in violation of this Section. 2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any connection identified by the Administrator, that may convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, di- rectly into the MS4, is prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5676, 12-3-2012) 3. Remedy: a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the ef- fects of such connection or discharge at no cost to the City. b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has oc- curred fails to address the illicit connec- tion or illicit discharge in a timely manner, the Administrator shall have the authority to implement removal or remedial actions following lawful entry upon the property. Such actions may include, but not be lim- ited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and reme- diation of soil and/or groundwater. The property owner and/or other person re- sponsible for the release of an illicit dis- charge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be re- sponsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/ or remedial actions in accordance with RMC 1-3-3. c. Compliance with this subsection H shall be achieved through the implemen- tation and maintenance of best manage- ment practices (BMPs) described in the Stormwater Pollution Prevention Manual. The Administrator shall initially rely on education and informational assistance to gain compliance with this subsection H, unless the Administrator determines a violation poses a hazard to public health, safety, or welfare, endangers any prop- erty and/or other property owned or maintained by the City, and therefore should be addressed through immediate penalties. The Administrator may de- mand immediate cessation of illicit dis- charges and assess penalties for violations that are an imminent or sub- stantial danger to the health or welfare of