HomeMy WebLinkAboutORD 5869 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 5869
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4-4-080.B.1 AND SECTIONS 4-10-020, 4-10-050, 4-10-060, 4-11-140
AND 4-11-210 OF THE RENTON MUNICIPAL CODE, ADDING DEVELOPMENT
REGULATIONS RELATED TO NONCONFORMING STRUCTURES AND SITES, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on August 31, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on October 18, 2017,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-4-080.6.1 of the Renton Municipal Code is amended as
follows:
1.Applicability:
a. Within the Center powntown Zone: This Section, except for
subsections F.1 through F.9 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.
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ORDINANCE N0. 5869
ii. Building/Structure Additions: Only the area exceeding the area
of the original structure shall be used to calculate required parking.
b. 0utside the Center powntown Zone: Off-street parking, loading
areas, and driveways shall be provided in accordance with the provisions of this
Section in the following cases:
i. New buildings or structures.
ii. Building/Structure Additions: The enlargement or remodeling
of an existing building/structure by more than one-third (1/3) of the area of the
building/structure.
iii. Paving or Striping: The paving of a parking lot with permanent
surface, or striping a previously unstriped lot.
iv. Change in Use:The Ehange e# a�l er a�eriie� e#�,
k����ldinrt/.-+,-��..+,� . �-,.,,� � „ + +ti +t, �
o� M b N
u�a� aS {aaaifiad in � h +• t + +• + I + ,�
�av�ccciA� F�A AI c�'115 �2cc16i�1� 2�f6cprvd�crrr9carcu�rr�
�"^^�;^^ �^^+^� Upon a chan�e of use and except when located in a shoppin�
center, if the number of stalls needed for the new use exceeds the actual number
of le�ally existin�stalls on site bv a percenta�e equal or�reater than shown in the
table below, all of the stalls required of the new use shall be provided. However
upon a chan�e of use to anv of the followin� uses, the new use shall provide the
total number of parkin�stalls required without the exception described above:
(a) Residential uses;
(b) Offices, �eneral;
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ORDINANCE NO. 5869
(c) Conference centers; and
(d) Movie theaters.
Existing Stalls Percenta�e
Threshold
1-10 140%
11-30 `' 130%
31-60 120%
61+ 110%
For exampte, if the calculated number of stalls needed for a retail
store equals fifteen (15) and onlv ten (10)stalls le�allv exist on site then all fifteen
(15) stalls shall be provided because the percenta�e difference between the
number of stalls needed for the new use and the number of existin�stalls on site
exceeds one hundred fortv percent (140%) (1.40 x 10= 141.
v. Activities Requiring Deliveries or Shipments: Uses requiring
merchandise deliveries and/or shipments shall provide adequate permanent off-
street loading space in addition to required parking for the use.
vi. Redevelopment Sites in the R-10 and R-14 Zones: When new
dwelling units are created in the Residential Ten Dwelling Units per Acre (R-10)
and Residential Fourteen Dwelling Units per Acre (R-14) zones, whether by
subdivision or other means, any existing dwelling units included in the
development shall comply with the standards of this Section.
SECTION II. Section 4-10-020 of the Renton Municipal Code is amended as follows:
4-10-020 NONCONFORMING SITE DEVELOPMENT STANDARDS: /DA�
A. A nonconformin� site shall not be altered unless the chan�e conforms to
the standards of this Title.
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ORDINANCE N0. 5869
B. Upon the restoration of a structure, commenced bv a complete buildin�
permit application within one (1)year of dama�e caused bvfire explosion or other
unforeseen circumstances, valued to be �reater than fiftv percent (50%) of its
assessed or appraised, the site shall be brou�ht into conformance with existin�
development standards; provided, however, that there shall be no limit on the
restoration value of a sin�le-family dwellin� if a complete buildin� permit
application is applied for within one (1) year of dama�e.
C. For remodels or other alterations of an existin�structure made within any
three (3) vear period which to�ether exceed one hundred percent (100%) of the
assessed or appraised value of the existin�structure,the site shall be brou�ht into
compliance with this Title. For remodels or other alterations within any three (3)
year period which exceed thirtv percent (30%) of the assessed or appraised value
but do not exceed one hundred percent (100%1 proportional compliance shall be
required,as provided in subsection E of this Section. Remodels or other alterations
within any three (3) year period that do not exceed thirtv percent (30%) of the
assessed or appraised value shall not be required to comply with the requirements
of this subsection. Mandatory improvements for fire, life safetv or accessibilitv as
welf as replacement of inechanical eauipment, do not count towards the cited
monetarv thresholds.
D. Within any three (3) vear period, upon expansion of anv structure or
complex of structures within a sin�le site, which is over fiftv percent (50%) of the
existin�floor area or buildin�footprint,whichever is less,the site shall be brou�ht
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ORDINANCE N0. 5869
into compliance with this Title. If the expansion is fiftv percent (50%) or less the
site shall be brou�ht into proportional compliance with existin� development
standards as provided in subsection E below.
E. Proportional Compliance: The required physical site improvements to
reduce or eliminate the nonconformitv of the site shall be established bv the
followin�formula:
1. Divide the dollar value of the proposed structure improvements
excludin� mechanical equipment and mandatorv improvements for life safetv or
accessibilitv, by the assessed or appraised value of the existin�structure(s).
2. The monetarv value of that percenta�e is then multiplied bv ten
percent (10%).
3. The dollar value of this equation is then applied toward reducin�
the nonconformities. Example:
• Value of existin�structure(s) equals$100,000;
• Value of proposed improvements equals $20,000;
• 10% multiplied by$20,000 equals $2,000;
• $2,000 would be applied toward reducin� the
nonconformities.
4. The Department shall determine the tvpe, location and phasin�
sequence of the proposed site improvements.
F. Exceptions:
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ORDINANCE N0. 5869
1. Critical Areas Overlav: The provisions of this section do not applv to
sites nonconformin� to the requirements of RMC 4-3-050 Critical Areas
Re�ulations.
2. Shoreline Master Pro�ram Re�ulations:The provisions of this section
do not apply to sites nonconformin� to the reauirements of RMC 4-3-090
Shoreline Master Pro�ram Re�ulations.
SECTION III. Section 4-10-050 of the Renton Municipal Code is amended as follows:
4-10-050 NONCONFORMING STRUCTURES:
A. NONCONFORMING STRUCTURES—GENERAL:
Any legally established nonconforming structure may remain, although such
structure does not conform �to the provisions of this Title Yk�e�n
; provided;that:
1. Not Vacant or left Abandoned:The nonconforming structure +h-,�
his�eriE-signifiEanse�;-has not been vacant for i�e-�2-�e�more than one (1)
years, or has not been abandoned-; and
2. Unsafe Structures: The structure is kept in a safe and secure condition.
3. Limits on Alterations: The cost of ##�alterations, remodels, or
renovations of a legal nonconforming structure, except sin�le-familv dwellin�s,
shall not exceed an aggregate cost of #i#��-forty percent (�940%) in twelve (12)
months or sixtv percent (60%) in fortv-ei�ht (48) months of the value of the
structure, based upon its most recent assessment or appraisal, unless the
,'�,�chan�es make the structure more conforming, or is used to restore to
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ORDINANCE N0. 5869
a safe condition any portion of a structure declared unsafe by
the Buildin�Official. Mandatorv improvements for fire, life safetv or accessibilitv
as well as replacement of inechanical equipment do not count towards the cited
monetarv thresholds. Alterations, remodels, or restoration work shall not result
in or increase any nonconforming condition unless permitted bv RMC 4-10-
050.A.4, Limits on Enlar�ement. Nonconformin� sin�le-family dwellin�s may be
replaced, enlar�ed, altered, remodeled, or renovated without limitation of cost
pursuant to current code requirements (e.�., hei�ht limits lot covera�e densitv
limits, setbacks, etc.),unless such actions would increase one (1) or more
nonconformitv.
4. Limits on Enlargement:
a. The structure shall not be enlarged unless the enlargement is
conforming, except as identified in subsection A.4.b of this Section.
b. Nonconforming enlargements may only be allowed at the discretion
of the Administrator if:
i. The enlargement is sited carefully to achieve compatible
transition between surrounding buildings, parking areas and other land uses; or
ii. The enlargement does not significantly cause any adverse or
undesirable effects on the site or neighboring properties, or
iii. The enlargement is confined to the projected footprint of a
sin�le-familv dwellin�. If the proposed enlargement is nonconforming with
respect to zoning setbacks, and the enlargement will comply with this Section and
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ORDINANCE NO. 5869
all other development regulations,the enlargement may be aliowed if it is located
within the projected footprint of the building. The projected footprint is
determined with the criteria below by extending a line from and parallel to the
furthest encroaching portion(s) of the building. The enlargement is limited to the
height of the qualifying encroachment, and any other applicable height limitation.
For the purpose of determining the projected footprint, a qualifying
encroachment shall:
(a) Represent at least fifty percent (50%) of the building's
facade; and
(b) Be set back at least three feet(3')from any property line;and
(c) Not include any allowed setback projections, ��a
steps and/or decks, and encroachments permitted by a land use decision.
Frojec�d r-->SU°�b------i
Footprint Lines �
r
_.__.._ ._ _. �__.
� -
Allowed xp
Enlargement
RearSetback
More than SO°fo of
total side fatade
`— Disqualifieci
Encroachment
Disqualified Front Setback
Encroachment
0'
Side Setback
14' �p'
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ORDINANCE N0. 5869
5. Limits on Restoration: Nothing in this Chapter shall prevent the
reconstruction, repairing, rebuilding and continued use of any nonconforming
building or structure to its same size, location, and height when the structure is
deemed unsafe bv the Buildin�Official damaged by fire, explosion, or act of God,
s�bs��aen�e �hz �a�e ef t�ic.� �eg�;a�ie�s�—subject to the following
conditions:
a. Single Family Dwellings: Any legally established single family
dwelling deemed unsafe bv the Buildin�Official, damaged by fire, explosion or an
act of God may be rebuilt to its same size, location, and height on the same site,
subject to all relevant fire and life safety codes without limitation on value.
Restoration or reconstruction shall be initiated bv a buildin� permit application
within one (1) year of a fire, explosion, or an act of God �m^�^„^^�^^+< <",��
F�mmenFe wi�hin�ne�ear ef �he �amase, �' " " *' '
. If a buildin� Nermit aNplication has not
been submitted within one (1)year from the date of the fire or other casualtv the
structure shall be deemed abandoned and not allowed to be restored or
reconstructed.
b. Other Legal Nonconforming Structures: The work shall not exceed
fifty percent (50%) of the latest assessed or appraised value of the building or
structure at the time such damage occurred, otherwise any restoration or
reconstruction shall conform to the regulations specified in this Title; provided,
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ORDINANCE NO. 5869
that restoration work is initiated by a buildin� permit application within one�
year of a fire, explosion,or an act of God. If a complete buildin�permit application
has not been submitted within one� year from the date of the fire or other
casualty the structure shall be deemed abandoned and not allowed to be restored
or reconstructed.
B. RESERVED zn;�T;":S',�- E€a�16 N^�N6C�N��^l��VIIN6 R€SI^o� 'T',�^.'z
�f�'nmrti�� •,�+1, r�+�,.,,,J„ .,++1, +' F + +' h �,J ,J h 11 �,
CYIeiV�f�'�•�I� r*�rl .- rl-��.�.rl .-nn .-.+.�.rl -. rl/ rl rl ++ + r!
, ro . "r � . i
ra,n�uiramant� �^ a� ���b�++ �'�^}�5, le�svverage, ac�r;s�i"�r6, ���m��, ��o�
C. EXEMPTION DUE TO CITY ACQUISITION:
No structure shall be considered nonconforming when �he ^^^�^^{^-m;+.,
the City's acquisition of an interest in the property #�a�
creates the nonconformity, such as through condemnation for a road widening.
For the purposes of this exemption, signs shall not be considered a conforming
structure.
SECTION IV. Section 4-10-060 of the Renton Municipal Code is amended as follows:
4-10-060 NONCONFORMING USES:
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ORDINANCE N0. 5869
Any legally established use existing at the time of enactment of this Code may be
continued, although such use does not conform�to the provisions of this Title
+�„ o„�+,,., ��,,,,;,.;�.,� r,,,�„� provided it conforms with this Section. �#�-�r�g
,.,..,,.�;+•,,.,.- „+.
A. ABANDONMENT:
The �se �� ^^* ,",^�^���. A legal nonconforming use (of a building or
premises) �—that has been abandoned shall not thereafter be resumed. A
nonconforming use shall be considered abandoned when:
1. The intent of the owner to discontinue the use is apparent, and
discontinuance for a period of one�year or more shall be prima facie evidence
that the nonconforming use has been abandoned, unless said use is bein�
reestablished pursuant to subsection F of this Section; or
2. It has been replaced by a conforming use; or
3. It has been changed to another nonconforming use under permit from
the City or its authorized representative.
B. RELOCATION:
T"^ ���� �� ^^* ��'^�,*^�' A legal nonconforming use of a building or premises
�#+c�that has been vacated and moved to another location,or discontinued, shall
not be allowed to reestablish itself except in compliance with this Title #�e
,�,,,,,,�,,.,.�,,,�+ .- „�..+:,,.,.-
C. CHANGES TO A DIFFERENT NONCONFORMING USE:
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ORDINANCE N0. 5869
Yt�F�A nonconformin� use (of a buildin� or premises) shall �not be changed .
to a different nonconforming use unless, throu�h an Administrative Conditional
Use Permit, the new use is shown to satisfy the criteria befow.
Fgntinu�tinrtcf �n e�Ei3�i�gnenEenfermir�ga�e;z►A replacement nonconforming
use shall:
1. Reflect the nature and purpose of the preexisting nonconforming use,
and be considered to be the same or related use classification; and
2. Be substantially similar or result in a lower impact in its effect on the
surrounding neighborhood; and
3. Not increase the nonconformance of the use; and
4. Not create a new type of nonconformance.
D. EXTENSION OR ENLARGEMENT: This subsection shall not apply to sin�le-
familv dwellin�s that are nonconformin�as to use which mav be enlar�ed subiect
t_o current code requirements (e.�. hei�ht limits lot covera�e densitv limits
setbacks, parkin�, etc.).
1. �#e-A nonconformin� use shall not be extended or enlarged so as to
occupy additional land area on the same or any other lot or parcel, unless the
nonconformin� use is housed in part of a sin�le-tenant buildin� in which case the
use mav be extended throu�hout the buildin� but the buildin� shall not be
enlar�ed;-
2. A nonconformin� use in a multi-tenant buildin� shall not be expanded
into space vacated bv other tenants;
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ORDINANCE N0. 5869
3. �A nonconformin� use shall not be relocated in whole or in part to
any other part of the parcel�. and T"^ .��^ � ^*�^ ^„�,�rt^� �-��}� � � +
,
�
4. No additional buildin�, whether temporarv or permanent shall be
erected upon a property with a nonconformin� use for purposes of expandin� or
extendin� a nonconformin� use.
�ExtnntinnlEn;g,SCI;IC1i��l��11�'} �k:ll��lllsi Rrevi�e� �he�+3e�4+es
V1FI�k1-�41�1SP��IF1n � af�hicSar�;o;,, ,iicciaci^v1�5 cA 6esa�Nensenfermin�l�se;a
�'19nfnnf�+rw�inb � � h���.-i.rl �r Y�.-+ ..F -. .�bin + + l� 'Irl' h +n �-1 rJ
xhr�.+gheEi��he-f��iilding-bb� �h�-�aitding�hall ne� ��-e+�;�ge���R. �—n
�,ex�Fenfermanga�se in� mal�i �enan�-b�il�in " �� * " � � ' *
z..�dd.�t�e„�i ne.,e��p�en� 6Fl Rreper��--aen�ainin�o„�;T^-�,�„s
c v v� vc�c�v
I.Jcc• Naadditio;,p; Qaiiaiir�vche�her �emperar-�r-er-�ermanen�, � �� � '' '�
e�E�er�dinga nensenferr►�ir��se. Ac#d+t�e��e�e�e�en�--e�,���T
+h�, ., .,f+l,., D�,r,*.,., nn,�..�.-�.,-.I r.,.d„
E. ALTERATIONS TO LEGAL NONCONFORMING USE:
Except for a sin�le-family dwellin�,�lalterations to a structure housin�one (1)
or more legal nonconforming uses are only permitted when they do not expand
or enlarge �the usell consistent with subsection D of this Section, Extension or
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ORDINANCE N0. 5869
Enlargement:� � and when the alteration s#a��does not increase the
nonconformance of the use, nor create a new type of nonconformance.
F. RESTORATION AND REESTABLISHMENT:
Nothing in this Chapter shall prevent the �^�,�,=,��reestablishment or
continuance of a nonconforming use when the structure housin� the
nonconformin� use is damaged by fire, explosion, or act of God, ���"�^^��^^+ *^
t�e-c�e-e# �he��regHla�fer�s, er�men�men�s �he�e�s, "'^ * * *" { ��
,
�^ ,�^^^^^^+; provided, that restoration work is initiated by a buildin� permit
application within one llyear of a fire, explosion, or an act of God. If a complete
buildin� permit application has not been submitted within one �year from the
date of the fire or other casualty� the use shall be deemed abandoned and not
allowed to be reestablished �^�*^�^� ^ ^„�*�,��*^�
G. AMORTIZATION OF ADULT USES:
For amortization of legal nonconforming adult entertainment, activity, use, or
retail use, see RMC 4-3-010.E.
H. RESERVED FY�crin�c �rr_ni ninnirnnicn�nn�w�r oce�nrnrrini ��crc
.��_--•-- ---•-- •--•--_... ...........,. ..�...
€�Eis�inglegal nensenfe�r�' ��-'^^*�^� { �• � �+ * +• �
f�n�.,l�-. .,�+I, I"�+.. ..,,,d., -,+ +4,,, +�.�„ .,� .- + +' 4, '.J .J 4. 11 h
r �
rnn�i�^ ^� � •+-+'++ .J � II +h� ' 1,+.- F +h �++ .J �+1,� +h
p," i c c c a a,`7i�,.�-si a c i�t��� n�c1Tb"-nrJ-iT-vcrrcl�7cnTrrcc cc�T�JCr,vrcrnrrcrn.
�r� rlic�+rir+c i�J�.�+ifi�rl ir� +l�ic� C�r+i�.� Ir� -.rlrli*i�n +l� rn L� L�. 'I+
�S �
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ORDINANCE N0. 5869
.,.,,� "" ""��'o^� `'ub�a�r����;;�r� �ope re�af�em��a�s�e�heish� limit�s,�
severage, �en3it�limi#�3e���ElFs�ar '�r,s-�
SECTION V. The definitions of"Nonconforming Site," "Nonconforming Structure," and
"Nonconforming Use" in section 4-11-140 of the Renton Municipal Code are amended as shown
below. All other definitions in 4-11-140 shall remain unchanged.
NONCONFORMING SITE: A lot �k�that does not conform to development
regulations�e�-related to the characteristics of, �*�"�+„r^ "„++^the site and the
facilities provided thereon a—s+#�including, but not limited to, �vegetation
conservation, shoreline stabilization, landscaping, parking, screenin� #e�e,
driveways, s�ree�e�ening—impervious surface covera�e, pedestrian amenity,
screening and other regulations of the district in which it is located due to changes
in Code requirements, or annexation.
NONCONFORMING STRUCTURE: A lawfully established structure that does not
comply with the current development standards (yard setbacks, let s+�e,—�
Ee�e�ag�desi�n standards, height, etc.) for its zone, but which complied with
applicable regulations at the time it was established. Such structures may or may
not be in compliance with other relevant building codes and regulations.
NONCONFORMING USE: A lawfully established use of land that does not comply
with the current use regulations (primary, secondary, conditional, etc.) for its
zone, but which complied with applicable regulations at the time the use was
established.
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ORDINANCE N0. 5869
SECTION VI. The definition of "Use" in section 4-11-210 of the Renton Municipal Code
is amended as shown below. All other definitions in 4-11-210 shall remain unchanged.
USE:
A. Use, Chan�e of: A chan�e of the primarv use of a lot buildin� or portion of a
buildin�to another use, as distin�uished in RMC 4-2-060 Zonin� Use Table—Uses
Allowed in Zonin� Desi�nations.
B. Uses, Permitted: Land uses allowed outright within a zone. Uses accessory to
permitted uses are treated in RMC 4-11-010 and 4-2-050.
C�. Uses, Prohibited: Any such use not specifically enumerated or interpreted as
allowable in that district. See RMC 4-2-050.
D6. Uses, Residential: Developments where persons reside including but not
limited to single family dwellings, apartments, and condominiums.
E8. Uses, Unclassified: A use which does not appear in a list of permitted,
conditional, or accessory uses, but which is interpreted by the Community and
Economic Development Administrator as similar to a listed permitted, conditional,
or accessory use and not otherwise prohibited. See RMC 4-2-050.
SECTION VII. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
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ORDINANCE N0. 5869
SECTION VIII. This ordinance shall be in fuil force and effect five (S) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this 11th day of December , 2017.
r
Jas n A. Se , City Clerk
APPROVED BY THE MAYOR this 11th day of December , 2017.
Denis Law, Mayor
Approved as to form:
`\��,������i in i�►►,►
I /., ���� ��` F R Ely ''� �
rd�lo�e `,.�'',�-1�..,�,���„�,,,,,�TOy.��
`�� ;. ,,, -.
Shane Moloney, City Attorney _ _ �. �'; %
� : SE AL - * _
Date of Publication: 12/15/2017 (summary) �* �, °�' ' o^_
", .-� ,,ae ..
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ORD:1992:11/21/17:scr �`'�,,,�jDaRqreo 5���.�``��
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17