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HomeMy WebLinkAboutCI 184-Non-conforming StructuresCI-184 Page 1 of 3 Department of Community and Economic Development Planning Division ADMINISTRATIVE CODE INTERPRETATION ADMINISTRATIVE CODE INTERPRETATION #: CI – 184 MUNICIPAL CODE SECTIONS: RMC 4-10-050, Nonconforming Structures REFERENCE: N/A SUBJECT: Limits on Alterations of Single Family Dwellings BACKGROUND: Clarification is needed with regard to limits on alterations of nonconforming (NC) structures, specifically “replacement” of single family dwellings. RMC 4- 10-050A.3 states that “Nonconforming single family dwellings may be replaced, enlarged, altered, remodeled, or renovated, without limitation of cost, pursuant to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, etc.).” However, this code excerpt includes a direct conflict as non-conforming single family dwellings do not comply with current code and, therefore, cannot be replaced pursuant to current code. Furthermore, this specific code subsection, RMC 4-10-050A.3, pertains to alterations, rather than replacement, of structures. Instead, allowances for the replacement of structures is provided in RMC 4-10-050A.5 Limits on Restoration. DECISION: RMC 4-10-050, Nonconforming Structures, shall be amended to eliminate the conflict regarding replacement of nonconforming single family dwellings, as specified below. JUSTIFICATION: In order to eliminate the code conflict described above, staff proposes to eliminate replacement as an allowed alteration option for nonconforming single family dwellings. This decision is justified based on three considerations: 1. The code section RMC 4-10-050, Nonconforming Structures, is intended to allow any legally established nonconforming structure to remain, although such structure does not conform to the provisions of this Title; however, this section is not intended allow total replacement of any structure without compliance with current code, unless the replacement is for a dwelling deemed unsafe by the Building Official, damaged by fire, explosion, or act of God, and compliant with RMC 4- 10-050A.5, Limits on Restoration. CI-184 Page 2 of 3 2. If an applicant is replacing the entire nonconforming structure, compliance with current code is reasonable. 3. As stated above, subsection RMC 4-10-050A.3, Limits on Alterations, pertains to alterations, rather than replacement, of structures. ADMINISTRATOR APPROVAL: _____________________________________ Vanessa Dolbee, Interim CED Administrator EFFECTIVE DATE: BINDING: Under principles of judicial finality, administrative code interpretations that are not timely appealed are binding. This binding decision is a formally adopted interpretation of existing Renton Municipal Code. APPEAL PROCESS: To appeal this determination, a written appeal accompanied by the required filing fee must be filed with the City’s Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date of this decision. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. SPECIFIED CODE SECTIONS SHALL BE READ 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; provided, that: 1. Not Vacant or Left Abandoned: The nonconforming structure has not been vacant for more than one year, or has not been abandoned; and 2. Unsafe Structures: The structure is kept in a safe and secure condition. DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the Administrator shall determine the effective code. CI-184 Page 3 of 3 3. Limits on Alterations: The cost of alterations, remodels, or renovations of a legal nonconforming structure, except single family dwellings, shall not exceed an aggregate cost of forty percent (40%) in twelve (12) months or sixty percent (60%) in forty-eight (48) months of the value of the structure, based upon its most recent assessment or appraisal, unless the changes make the structure more conforming, or are used to restore to a safe condition any portion of a structure declared unsafe by the Building Official. Mandatory improvements for fire, life safety or accessibility, as well as replacement of mechanical equipment, do not count towards the cited monetary thresholds. Alterations, remodels, or restoration work shall not result in or increase any nonconforming condition unless permitted by subsection A4 of this Section, Limits on Enlargement. Nonconforming single family dwellings may be replaced, enlarged, altered, remodeled, or renovated, without limitation of cost, pursuant to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, etc.), unless such actions would increase one or more nonconformity. STAFF CONTACT: Angelea Weihs