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HomeMy WebLinkAboutORD 6126 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6126 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING SUBSECTIONS 4-4-010.1, 4-8-070.D, 4-8-080.G, 4-8-090.C.1, 4-8-120.C, 4-8- 120.D.8, AND 4-9-090.A THROUGH F, 4-9-100.J; AMENDING SECTION 4-11-080 OF THE RENTON MUNICIPAL CODE; REPEALING AND REPLACING SUBSECTION 4- 9-090.G OF THE RENTON MUNICIPAL CODE, ADDING NEW SUBSECTION 4-9- 090.H TO THE RENTON MUNICIPAL CODE; AMENDING HOME OCCUPATIONS REGULATIONS; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City seeks to revise the Home Occupations regulations to allow online businesses and sales as home occupations, provide a clear land use permit process for home occupations that propose alternatives to home occupation standards, allow customer site visits without the requirement of a land use permit, and provide clarity regarding home occupation businesses when violations take place; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on March 31, 2023, 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 April 19, 2023, 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: 1 ORDINANCE NO. 6126 SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-4-010.1 of the Renton Municipal Code is amended as follows: I. HOME OCCUPATIONS: The keeping of household pets or domestic animals for any for-profit venture within a residence; or the property thereon, including sales of animal-related products,shall comply with the requirements of RMC 4-9-090, Home Occupations; and requires a Heme Occupation Business-6ieense Any owner/tenvnt who keeps household nets-and/or d t' �� 01 c. p c C� p l l QTo 1 Q e m e�Ci c-a n i m a Is a n die I Is-a Fly-an-414l• FetateEl-pFeduet7 f4a4e-fr-eFFI-er-pfedueed-lay-th-ei-r-keusehatel-laets-afveliar-ebamestic-a1441-aisr 94,41 be required to obtai; a Home omit, RMC "�v. Keeping animals for commercial purposes that exceed the standards of a home occupation accessory use requires approval pursuant to RMC 4-2-060, Zoning Table - Uses Allowed in Zoning Designations. SECTION III. Subsection 4-8-070.D of the Renton Municipal Code is amended as follows: D. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR: Authority:The Community and Economic Development Administrator shall review and act on the following: 1. Appeals relating to the International Building Code; 2. Building and grading permits; 3. Permits to rebuild for nonconforming structures; 2 ORDINANCE NO. 6126 4. Conditional use permit, administrative; 5. Critical area regulation alternates and modifications; 6. Critical areas regulation administrative determinations pursuant to RMC 4-3-050D.5; 7. Home occupation business license review pursuant to RMC 5-5; 8. Home occupation permit, special; 79. Lot line adjustments; 810. Modifications; 011. Public art exemption certificates; 4412. Revocable permits for the temporary use of a public right-of-way; 1413. Routine vegetation management permits; 1-414. Shoreline exemptions; 1415. Shoreline permits; 1§16. Short plats; 1617. Site plan approval, administrative; 1118. Master Plan review (individual phases); 1819. Temporary emergency wetland permits; 1-920. Temporary use permits; 021. Variances: a. Administrative pursuant to RMC 4-9-250B; 3 ORDINANCE NO. 6126 b. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and c. Variances from RMC 8-7, Noise Level Regulations; 22. Waivers: a. Waivers of right-of-way dedication for plat; b. On- and off-site improvements (including deferrals); and c. Allowing a commercial or multi-family residential driveway grade of between eight percent (8%) and fifteen percent (15%); 23. Final Planned Urban Developments; 2424. Dedications of property for public purposes; 2425. Impact fees — applicability, value of credits, independent fee calculations, or any other authority defined in RMC 4-1-190; and 2-526. Approval of final plats. SECTION IV. Subsection 4-8-080.G of the Renton Municipal Code is amended as shown in Attachment A. SECTION V. Subsection 4-8-090.C.1 of the Renton Municipal Code is amended as shown below. All other provisions in RMC 4-8-090.0 remain in effect and unchanged. C. PUBLIC INFORMATION SIGNS: 1. Applicability: A minimum of one public information sign shall be required for all Type II and Type III Land Use Permits in accordance with the following standards, unless 4 ORDINANCE NO. 6126 exempted by this subsection. The applicant shall be responsible for the procurement, installation and maintenance of the sign. Exempt Permits:The following Type II and Type III Land Use Permits are exempt from the requirements of this subsection: a. Additional animals permit; b. Businef licenses for home occupations Home occupation permit, special; c. Temporary use permit — Tier II, except for temporary use permits for personal delivery device operation and device dispensers; d. Temporary emergency wetland permit; e. Development permit (special flood hazard); f. Final plats; g. Final short plats; h. Final binding site plans; i. Mobile home park, final; j. Planned urban development, final; and k. Environmental review. SECTION VI. Subsection 4-8-120.0 of the Renton Municipal Code is amended as shown in Attachment B. SECTION VII. Subsection 4-8-120.D.8 of the Renton Municipal Code is amended as follows: 8. Definitions H: 5 ORDINANCE NO. 6126 Habitat Data Report: Habitat data reports include: a. Site Plan:The site plan shall indicate: i. The vegetative cover types reflecting the general boundaries of the different plant communities on the site; ii. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; iii. Top view and typical cross-section views of critical habitat/wildlife habitat to scale; iv. The results of searches of the State Department of Fish and Wildlife's Natural Heritage and Non-Game Data System databases; v. The results of searches of the Washington State Department of Fish and Wildlife Priority Habitat and Species database. b. Narrative Report: A narrative report shall be prepared to accompany the site plan which describes: i. The layers, diversity and variety of habitat found on the site; ii. The location of any migration or movement corridors; iii. The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found; iv. Identification of any areas that have been previously disturbed or degraded by human activity or natural processes; v. A summary of existing habitat functions and values, utilizing a habitat evaluation procedure or methodology approved by the City; 6 ORDINANCE NO. 6126 vi. A summary of proposed habitat alterations and impacts and proposed habitat management program. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decrease in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources Hazardous Materials Management Statement: A statement which includes: a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used, or handled on the site. b. A description of how the requirements in RMC 4-4-030C.7, Construction Activity Standards—Zones 1 and 2, will be met by the applicant. Heat Loss Calculation: A State of Washington Energy Code mandated analysis performed to determine the heat loss of a structure in order to determine the size of the required heating equipment. Home Occupation Permit (Special) Justification: A written statement provided by the applicant setting forth the reasons in favor of the special home occupation permit application and addressing the criteria listed in RMC 4-9- 090.G.6, which are used by the Administrator when reviewing the special home occupation permit request. Horizontal Control Plan: A twenty_two inch by thirty:four inch (22" x 34") plan drawn at the same scale as, or included on, the Site Plan clearly indicating the following: 7 ORDINANCE NO. 6126 a. Date, graphic scale, and north arrow. b. Include lot lines with all property lines dimensioned and square footage of each lot. c. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. d. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat. e. Include easements and any areas to be dedicated to public use. f. Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, boundary line and block line on-site. Shall include dimensions to the nearest one-hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. g. Include coordinates pursuant to City surveying standards for permanent control monuments. h. Display all interior permanent control monuments located pursuant to City surveying standards. SECTION VIII. Subsections 4-9-090.A through 4-9-090.F of the Renton Municipal Code are amended as follows: A. DEFINITION: 8 ORDINANCE NO. 6126 Any commercial use conducted entirely within a dwelling or accessory building gage and carried on by persons residing in that dwelling unit, but which is clearly incidental and secondary to the use of the dwelling as a residence. B. PURPOSE: The City recognizes the need for some citizens to use their place of residence for limited nonresidential activities. It is the intent of this Section to preserve the character of residential neighborhoods and guarantee all residents freedom from excessive noise, excessive traffic, nuisance,fire hazard and other possible adverse effects of home occupations and to establish qualification standards for home occupations. C. APPLICABILITY: A home occupation business in a lawfully established dwelling unit or accessory building may be permitted under the provisions of this Section. "Garage Sale' as defined in RMC 4-11-070,shall not be considered as an allowable home occupation. 1. Exemptions:The provisions of this Section do not apply to adult or child day care businesses. Applicable regulations for day care are found in the WAC or within the State Department of Social and Health Services standards. Accessory home agriculture sales are also exempt from the provisions of this Section. D. PROHIBITED OCCUPATIONS: 9 ORDINANCE NO. 6126 The occupations listed below are prohibited since they change the residential character of the structure and shall not be considered incidental and secondary to the use of the residence for dwelling purposes: 1. Kennels and other boarding for pets, including pet daycare. 2. Automobile and associated mechanical repairs. 3. Businesses which dispense regulated substances. 4. Retail Sales: No retail sales shall be allowed, except for sales of products made on the premises or online-only sales. E. CITY BUSINESS LICENSE REQUIRED: A business license must be obtained from the City Finance Department pursuant to RMC 5-5. F. APPLICATION AND REVIEW PROCEDl RES HOME OCCUPATION—GENERAL REQUIREMENTS: The following conditions m got he met to obta' h sin I' e f lI h m D 1. Primary Residence:The property on which the business is located must be the primary residence of the business owner. 42.Business License Application: Submission of a complete business license application to the Finance Department for a bue iness license is required. y-Fiet The Finance Department shall refer the application to the Community and Economic Development Administrator for review of the proposedunder home occupation and verification of compliance with this Code Section. 10 ORDINANCE NO. 6126 Business License-Application for Home Occupation: If the d " occupation . ,ill haver r+omer visits ore}ham (6) h I + d d I' M irr. par wade,ar any external indication of commercial activity,then additio information is requir ed from the-applicant pursuant to RMC 4 g 120, c h •tt Requirements Specific t„ Application T. p 23. Compliance: Co p,.u^'I^ncc The business owner shall comply with all conditions placed on the home occupation by the Community and Economic Dnvel.,pmcn} Administrator to satisfy the general purpose of this Section. In addition to the provisions set forth herein, the Community and Economic Dcvclopmnnt Administrator may, in approving, conditioning or denying the application, consider the cumulative impacts of the proposed home occupation in relation to other City-approved home occupations in the immediate vicinity. Decision: If th„ Co i} ,J E n l„ t Arl + + "i�i c�'a ii a-�cv��cv c"-rvprrrcn c-i�vrmm�cra cor approval' the home patinn sec}ion of +h h l l do the r ' e� M eens pr vided }hat all }h r }have been met. 4. Qualification Standards for Home Occupations: A home occupation may be conducted if in compliance with the following standards. A home occupation which does not meet all of the following standards shall require review and approval of a Special Home Occupation Permit pursuant to subsection G of this Section. 11 ORDINANCE NO. 6126 ai-Rcimar-v-Residerfee;--The-pfeperty-E}R-wh-ieh4he-13-uslhess-is-leeated mbEst be the primary r rielencc of the h��siness owner h Retail Sales and Storage. Ne retail sales shall he allowed except for operations may be-kept if not for-sale. Produc s maay be sold wT esalee andrsto ed for wholesale distribution a. Customer Visits: Customer visits shall comply with the standards specified below. For the purposes of this section, a customer includes any person coming to receive service or pick up goods. i. Limitation of Use: No more than one (1) home occupation may be operated within a dwelling unit with customer visits. ii. Maximum Number of Customers: There shall not be more than eight (8) customer visits per day. iii. Appointments Required: Customer visits shall be by appointment only. There shall be no more than one customer on the premises at any one time. iv. Customer Hours: Customer visits to a home occupation shall be between the hours of eight o'clock (8:00) a.m. and eight thirty o'clock (8:30) p.m. eb.Parking: There shall be no expansion of parking, including the addition of on site or off site parking spaces, to support the home occupation. There shall be no expansion of parking or paving in a manner that creates or increases nonconformity with the applicable code requirements provided in RMC 12 ORDINANCE NO. 6126 4-4-080, Parking, Loading, and Driveway Regulations. Parking for home occupations shall comply with the standards specified below. i. On-Site Parking Required: All nonresident employee parking or customer parking associated with the home occupation shall be off-street and located on the same parcel occupied by the home occupation business. ii. Residential Parking Displacement: The home occupation shall not displace or impede the use of required parking spaces for primary or accessory dwelling units. iii. Customer Parking: If the home occupation includes customer visits, the subject site shall be brought into conformance with RMC 4-4-080, Parking, Loading, and Driveway Regulations, prior to business license issuance. iv. Maximum Home Occupation Parking: In addition to parking required for the residents,there shall be no more than two (2)vehicles parked on- site as a result of the business at any one time. dc. Employees and Independent Contractors: There shall be no more than one (1) other business participant visiting the property per day. "Other business participants" shall include, but not be limited to, non-family employees and independent contractors. The home e pation shaIl not „ ploy more than one nonresident of the dwelling unit. An employee for these purposes means one individual, not a full time equivalent. In addition, home occupations may use professional services such as accountants. 13 ORDINANCE NO. 6126 d. Deliveries: There shall be no pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating(GVWR)as defined in RCW 46.25.010. e. Mechanical/Electrical Equipment:There shall be no use of mechanical or electrical equipment that would change the structure or create visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit. f. Environmental Impacts:There shall be no noise, vibration, smoke, gas, dust, odor, heat or glare produced by the business which would exceed that normally associated with a dwelling. g. Space:The business shall not occupy more than twenty five percent (25%) of the floor space of the gross floor area of the residence, and in no event, more than five hundred (500) square feet. h. AutdeocOn-site Storage:The outdoor storage or display of materials, goods, products or equipment related to the home occupation is prohibited-, except for;domestic animals or household pets kept as an accessory use and utilized as a component ofathe home occupation arc cxcludcd from this pre ion. Indoor storage shall be limited to the space limitations specified in subsection F.4.g of this Section. Off-site storage within a commercial storage facility is excluded from this provision. i. Flammable Liquids:A permit must be obtained for storage, handling or use of Class I flammable or combustible liquids on the premises. 14 ORDINANCE NO. 6126 j. Fire Extinguisher: A minimum rated 2-A 10 BC fire extinguisher is required on the premises. k. City Codes: The home occupation must meet all City codes and ordinances for the typef}of business being conducted. I. Building Alterations:There shall be no alteration to the interior or exterior of the dwelling or accessory structure that changes its residential character. Any alterations to the building shall be conducted pursuant to the issuance of a permit from the Commti-RRy—aad--€conomie—D veaopfnent Department. m. Accessory StructuresBuildings: Existing detached garages with. adequate access may be used for home occupations; provided, that the property still complies with the parking requirements of the zone. Other accessory structures buildings such as carports and tool sheds, shall not be used for any activities associated with the business other than storage. Such storage shall be completely enclosed and not be visible from outside the accessory structure building. Accessory structures buildings providing shelter for domestic animals or household pets that are a component of the home occupation are allowed. Accessory buildings used to house or support the home occupation shall not exceed 1,000 square feet, or the size of the primary residence, whichever is less. n. Signage: There shall be no exterior or window signage, display, or advertising except for one nonelectric and nonilluminated sign attached flush to the wall of-win-dew of the building with the face of the sign in a plane parallel to 15 ORDINANCE NO. 6126 the plane of the wall-e ow. The allowed building sign may not be larger than two (2)square feet in area.The sign material and appearance must be harmonious with the architecture of the home. Pursuant to RMC/ 1 100B6g1-4-100.B.6.s, a permit is not required for the allowed building sign. 5. Inspection:The Administrator or designee may inspect the property prior to approval or renewal of the business license to determine if: a. The information in the application is accurate; and b. The property can accommodate a home occupation of the type described in the application without changing the residential character of the property; and c. Any domestic animals or household pets kept as a component of the home occupation are maintained in a humane and appropriate manner and in accordance with applicable laws and regulations. 6. Decision: If the Community and Economic Development Administrator approves the home occupation section of the business license application, the Finance Department mayissue the license provided p p o ded that all other requirements have been met. SECTION IX. Subsection 4-9-090.G of the Renton Municipal Code, Additional Requirements for Customer Visits or Deliveries, is repealed and replaced with a new subsection 4-9-090.G, Special Home Occupation, which reads as follows: G. SPECIAL HOME OCCUPATION 16 ORDINANCE NO. 6126 1. Applicability: A special home occupation permit is required if the proposed home occupation will not meet all of the standards specified in subsection F4 of this Section. 2. Authority and Responsibility:The Administrator shall have the authority to approve, approve with conditions, or deny proposals based upon the provisions of this Section when no other permit or approval requires Hearing Examiner review. 3. Information Required: A special home occupation permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements —Specific to Application Type. 4. Submittal: An application for a special home occupation permit shall be submitted to the Department together with any necessary fees as specified in the City of Renton Fee Schedule. 5. Provision of Information:The responsibility of producing information and data to establish that the proposed home occupation complies with the standards set forth in this Section shall be on the applicant. 6. Evaluation Criteria:The Administrator may approve the issuance of a special home occupation permit, provided that such home occupation: a. Will not harm the character of the surrounding neighborhood; and b. Will not create a condition which injures or endangers the comfort, repose, health, or safety of persons on abutting properties or streets; and 17 ORDINANCE NO. 6126 c. Will not generate excessive traffic or necessitate excessive parking; and d. Will locate and screen any required or proposed site improvement in a manner that minimizes its view from surrounding properties or adjacent streets; and e. Will not include outdoor storage and/or operation of building materials, machinery, commercial vehicles, or tools, except if it meets the following criteria: i. Is appropriately screened from other properties; ii. Does not emit noise, odor, or heat; and iii. Does not create glare. 7. Conditions of Approval: The Administrator may establish conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses.These include, but are not limited to,time and frequency of operation, additional setbacks for new structures, fencing, screening, soundproofing, site improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood. 8. Expiration of Special Home Occupation Permit Approval: a. The special home occupation permit, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property has failed to obtain a business license for the proposed home occupation within a period of one (1) year after permit issuance. 18 ORDINANCE NO. 6126 b. An extension may be granted by the Administrator for a period of one year upon application by the property owner or applicant. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. c. Once a business license is issued, a special home occupation permit will remain valid until the business license expires or the business license is revoked. d. A Special Home Occupation Permit is issued for the purpose(s) under which the application was submitted only, and does not transfer to another home occupation at the same location. 9. Appeals: Appeal of the decision to grant, grant with conditions, or deny a special home occupation permit shall be made consistent with RMC 4-8-110, Appeals. SECTION X. Section 4-9-090 of the Renton Municipal Code is amended to add a new subsection 4-9-090.H, Violations and Penalties, which reads as follows: H. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accordance with chapter 1-10 RMC, Code Enforcement. Prosecution of any violation(s) of this Section shall be in accordance with RMC 1- 10-7, Failure to Comply, and any other applicable terms of the Renton Municipal Code. • 19 ORDINANCE NO. 6126 2. Revocation of Special Home Occupation Permit: If, after conducting an investigation, the Administrator finds that the home occupation is in violation of the provisions of this Section and/or the terms and conditions subject thereto, he or she may revoke the Special Home Occupation Permit. 3. Revocation of Business License: Upon findings of violation, the Community and Economic Development Administrator shall refer the findings to the Finance Administrator who may revoke the home occupation business license pursuant to RMC 5-5-3E, Penalties. 4. Special Home Occupation Permit — Waiting Period Following Revocation: For a period of one year after the date of revocation, permits for a proposed home occupation shall not be issued to applicants who have previously had such permit revoked. In addition, the applicant must meet the requirements of this Section for any new or renewed permit application. SECTION Xl. Subsection 4-9-100.J of the Renton Municipal Code is amended as follows: J. REVOCATION OF LICENSE: 1. Revocation of Additional Animals Permit: If, after conducting an investigation, the Community and EGAREW is Dcvcl„pmcnt Administrator finds that the keeping of additional animals is in violation of the provisions of this Section and/or the terms and conditions subject thereto, he or she may revoke the Additional Animals Permit. 2. Revocation of Business License: Upon findings of violation, if the Additional Animals Permit holder also has a home occupation business license,the 20 ORDINANCE NO. 6126 Community and Economic Development Administrator shall refer the findings to the Finance Administrator who may revoke the home occupation business license pursuant to RMC 5 5 3F5-5-3E, Penalties. 3. License — Waiting Period Following Revocation or Refusal to Renew: For a period of one year after the date of revocation or refusal to renew, permits shall not be issued for additional animals to applicants who have previously had such permit revoked or renewal refused. In addition,the applicant must meet the requirements of this Section or any provisions of the animal control authority for any new or renewed application. SECTION XII. Subsection 4-11-080 of the Renton Municipal Code is amended as follows: 4-11-080 DEFINITIONS H: HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defined and classified in Chapter 50 of the International Fire Code as adopted or amended by the City whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly used, stored, disposed of, or otherwise mismanaged. Appendix H of the International Fire Code provides further information, explanations, and examples of hazardous materials. HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the Department or the Fire Department and completed by a facility owner that provides specified information regarding hazardous materials at the facility. 21 ORDINANCE NO. 6126 HAZARDOUS SUBSTANCE: Any liquid, solid, gas or sludge, including any material, substance, product commodity or waste that exhibits the characteristics of hazardous waste as described in chapter 70.105 RCW. HAZARDOUS WASTE: All dangerous and extremely hazardous waste, except for moderate-risk waste, as defined in RCW 70.105.010. HEALTH HAZARD: See RMC 4-6-100. HEARING EXAMINER: The office of the Hearing Examiner as defined by RMC Title 1. The Hearing Examiner is appointed by the Mayor of the City to conduct public hearings on applications outlined in chapter 4-8 RMC, and prepares a record, findings of fact and conclusions on such applications. HEARINGS BOARD,SHORELINE: The Shorelines Hearings Board established by the Shoreline Management Act. HEIGHT: See BUILDING HEIGHT or SIGN HEIGHT. HEIGHT,CLEAR: Distance from the floor to the lowest-hanging ceiling member or hanging objects, beams,joists or truss work descending down into a substantial portion of the area. HEIGHT, FLOOR-TO-CEILING: The vertical distance between the finished floor and the ceiling. HIGH BLOWDOWN POTENTIAL: An area where field conditions indicate the potential for tree blowdown is high. Evidence may include the presence of toppled trees in the area, and thin or saturated soils. 22 ORDINANCE NO. 6126 HIGH OCCUPANCY VEHICLE (HOV): A vehicle carrying more than a specified minimum number of people (usually two (2) or three (3) persons). HIGH QUALITY DESIGN:A development project that encourages pedestrian activity or adds pedestrian interest and exhibits a degree of craftsmanship, building detailing,architectural design,or quality of materials that are not typically found in standard construction. Responds to site conditions through its orientation, circulation, and/or incorporation of special site features. Buildings characterized by standard corporate identity elements (e.g., fast food establishments with signature roofline or facade features) or standard building plans(e.g., stock plans that are unable to adapt to site conditions) are not typically considered high quality design. HIGH RISE:A structure exceeding seventy five feet (75') in height. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HILLSIDE: An inclined landform which may include one or more classes of slope: steep (sensitive and/or protected) and non-steep (i.e., less than twenty five percent (25%)). • HILLSIDE SUBDIVISION:A subdivision in which the average slope is twenty percent (20%) or in which any street in the subdivision has grades greater than fifteen percent (15%) at any point. HISTORIC STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use only.) Any structure that is: 23 ORDINANCE NO. 6126 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs. HOLISTIC HEALTH CARE CENTER: A combination of activities intended for improvement or maintenance of health including out-patient and/or in-patient care and supporting accessory activities including space for medical practitioners, retail sales, educational classrooms and meeting spaces. 24 ORDINANCE NO. 6126 HOME OCCUPATION: Any commercial use conducted entirely within a dwelling or accessory structure building and carried on by persons residing in that dwelling unit, but which is clearly incidental and secondary to the use of the dwelling as a residence. HOMELESS ENCAMPMENT: See TEMPO RARY HOMELESS ENCAMPMENT. HOMELESS SERVICES USE: Shelters or housing as defined below: 1. Day Shelter: A facility that offers a haven to people experiencing homelessness by providing a safe place to rest during the day or evening, but with no overnight stays. Support services for homeless populations is an integral part of a day shelter use and may include access to food, seating, showers, laundry, restrooms, storage, a computer lab, phones, fax, and a critical mailing address. Spaces for meetings and examinations are generally provided to accommodate counseling and access to medical/dental and legal assistance. 2. Emergency Shelter: Consistent with RCW 36.70A.030, a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. 3. Emergency Housing: Consistent with RCW 36.70A.030, temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency 25 ORDINANCE NO. 6126 housing may or may not require occupants to enter into a lease or an occupancy agreement. A COVID-19 deintensification shelter meeting this definition is a homeless services use. HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which: (a) each land owner is automatically a member, (b) each land owner is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and facilities, and (c) such charge, if unpaid, becomes a lien against the property of the land owner. HOTEL: A building or portion thereof wherein a majority of the net floor area is dedicated for the rental of rooms for transient occupancy for sleeping purposes in exchange for payment, and typically based on a per night and per room basis for no more than thirty (30) continuous days and not meeting the definition of "homeless services use." For the purposes of this definition, "transient" means less than one month, or less than thirty (30) continuous days if the rental period does not begin on the first day of the month. Hotel structures are at least two (2) stories in height,with lodging space generally above the first floor. Lodging space may also be located on the first floor. Individual rooms are accessed from a common hallway and include permanent provisions for sanitation but do not provide kitchen facilities. A commercial kitchen and dining room catering to the hotel patrons may be provided, event space, eating and drinking establishments, 26 ORDINANCE NO. 6126 and accessory shops and services typically located in or provided by hotels and catering to the general public may be provided. Not included in this definition are facilities providing crisis intervention or case management or both, attached dwellings, bed and breakfasts, or motels. HOTEL, EXTENDED-STAY: A building or portion thereof for rental of rooms with permanent provisions for living, eating, sanitation, and cooking' for temporary occupancy without limits on duration. Extended-stay hotel structures are at least two (2) stories in height, with lodging space generally above the first floor, and not meeting the definition of a homeless services use. Lodging space may also be located on the first floor. Individual rooms accessed from a common hallway. A commercial kitchen and dining room catering to the extended-stay patrons may be provided; event space, eating and drinking establishments, and accessory shops and services typically located in or provided by hotels or extended-stay hotels and catering to the general public may be provided. Not included in this definition are facilities providing crisis intervention or case management or both, attached dwellings, bed and breakfasts, hotels, or motels. HOUSEHOLD: A family living together in a single dwelling unit with common access to, and common use of, all living, sanitation facilities, and all areas and facilities for the preparation, consumption and storage of food within the dwelling unit. HUMAN SCALE: The perceived size of a building relative to a human being. A building is considered to have good human scale if there is an expression of human 27 ORDINANCE NO. 6126 activity or use that indicates the building's size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of a human body, so these elements in a building indicate a building's overall size. HUMAN SCALE ELEMENTS: Architectural elements such as railings, windows with multiple panes, doorways, or fences, that are scaled for human use and convey the idea of human activity or human occupancy. HYPORHEIC ZONE: The saturated zone o e located beneath and abutting streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. SECTION XIII. Upon approval of the City Attorney, City the Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numberingand references.The City Y Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XIV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XV.This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. 28 ORDINANCE NO. 6126 PASSED BY THE CITY COUNCIL the 11th day of December, 2023. J son A. Seth, City Clerk APPROVED BY THE MAYOR this 11th day of December, 2023. /t Al Ar► on•o.'avone, Mayor Approved as to form: o.t o�lullll OF RFN% .,A0nd '.y•i Shane Moloney, City Attorney * = SEAL _ * ' s Date of Publication: 12/14/2023 (Summary) �1'0•111ED SI 6\```�� Ord-CED(D226):2268:11/21/2023 29 ATTACHMENT A G. LAND USE PERMIT PROCEDURES: PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL TYPE1 Building and Grading No No No Staff HE CC SC Permits' Business Licenses for IVo No Na Staff #€ QG SG Home OG ati„ {fie-ctomer visits/deliveries) Deferrals No No No Staff HE CC SC Final Plats No No No Staff CC SC Lot Line Adjustments No No No Staff HE CC SC Minor Modification No No No Staff HE CC SC to Previously Approved Site Plan (<10%) Modifications, No No No Staff HE CC SC Deviations, 30 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL Alternates of Various Code Standards2 Public Art Exemption No No No Staff HE CC SC Certificate Routine Vegetation No No No Staff HE CC SC Management Permits (SEPA exempt) Shoreline Exemptions No No No Staff HE CC SC Small Cell Permits No No No Staff HE CC SC Special Fence Permits No No No Staff HE CC SC Temporary Use No No No Staff HE CC SC Permit:Tier I Waivers2 No No No Staff HE CC SC Other SEPA Exempt No No No Staff HE CC SC Activities/Actions TYPE II Additional Animals Yes No No Staff HE CC SC Permit 31 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL Administrative Yes No No Staff HE CC SC Variances Additional Vehicles Yes No No Staff HE CC SC Permit Business I is s for Yes No Ne Staff #€ GC SG Home O. atie ns (with sto visits-fclel-iveFies). Conditional Approval Yes No No Staff HE CC SC Permit (nonconforming structures) Critical Area Permit Yes No No Staff HE CC SC Home Occupation Yes No No Staff HE CC SC Permit, Special - Planned Urban Yes No No Staff HE CC SC Development,final Temporary Use Yes No No Staff HE CC SC Permits:Tier II - 32 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL Temporary Yes No No Staff HE CC SC Emergency Wetland Permit Variances, Yes No No Staff HE CC SC Administrative Binding Site Plans Yes No No Staff HE CC SC Conditional Use Yes No No Staff HE CC SC Permit (administrative) Development Permit Yes No No Staff HE CC SC (special flood hazard) Environmental Yes No No Staff HE CC SC Review9 Master Site Plan Yes No No Staff HE CC SC Approvals(individual phases) Site Plan Review Yes No No Staff HE CC SC (administrative) Shoreline Permit Yes No No Staff DOE CC SC Short Plats Yes No No Staff HE CC - SC 33 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL TYPE 1114 Bulk Storage Special Yes Staff HE HE CC SC Permit Conditional Use Yes Staff HE HE CC SC Permit(Hearing Examiner) Fill and Grade Permit, Yes Staff HE HE CC SC Special Major Amendments Yes Staff HE HE CC SC to Plats Master Site Plan Yes Staff HE HE CC SC Approval (overall plan) Mobile Home Parks, Yes Staff HE HE CC SC Preliminary and Final Planned Urban Yes Staff HE HE CC SC Development, preliminary Preliminary Plats—10 Yes Staff HE HE CC SC Lots or More 34 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL Shoreline Conditional Yes Staff HE DOE, HE SHB Use Permit6 Shoreline Variance6 Yes Staff HE DOE, HE SHB Site Plan Review Yes Staff HE HE CC (Hearing Examiner) Special Permits Yes Staff HE HE CC Temporary Use Yes Staff HE HE CC SC Permits:Tier Ill Temporary Homeless Encampments Variances (associated Yes Staff HE HE CC with Hearing Examiner land use review) TYPE IVa. Rezones(site- Yes Staff, HE HE CC SC specific, not associated with a Comprehensive Plan amendment) 35 ORDINANCE NO. 6126 PUBLIC NOTICE OF OPEN RECORD DECISION/ OPEN RECORD CLOSED RECORD JUDICIAL RECOMMENDATION LAND USE PERMITS APPLICATION HEARING' ADOPTION APPEAL APPEAL APPEAL TYPE V4 Street Vacations8 Yes Public Works Staff CC CC SC TYPE VIa Development Yes Staff, PC PC CC GMHB Regulation Text Amendments8 Comprehensive Plan Yes Staff, PC PC CC GMHB Map or Text Amendments(may include associated rezones)8 LEGEND: Staff—Community and Economic Development Staff ERC—Environmental Review Committee PC— Planning Commission Admin. —Community and Economic Development Administrator HE— Hearing Examiner 36 ORDINANCE NO. 6126 CC—City Council DOE—Washington State Department of Ecology SC—Superior Court SHB—Shoreline Hearings Board GMHB—Growth Management Hearings Board NA—Not Applicable FOOTNOTES: 1. SEPA exempt or for which the SEPA/land use permit process has been completed. 2. Administratively approved. 3. Deleted. 4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations. 5. The Community and Economic Development Administrator shall hear variances where not associated with a development that requires review by the Hearing Examiner. 6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one 37 ORDINANCE NO. 6126 hundred twenty (120) day maximum time limit for permit decisions. DOE's decision is followed by a twenty one (21) day appeal period, during which time no building permit for the project may be issued. 7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing. 8. Street vacations, development regulation text amendments, and Comprehensive Plan map or text amendments are exempt from the one hundred twenty (120) day permit processing time limit. 9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit. 38 • • • C.Land Use Permit Submittal Requirements: • TABLE 4-8-120C LAND USE APPLICATIONS Annexation Conditional Use Conditional Grade Home Master Mobile —Routine Shoreline TYPE OFeAdditional Annexation Ro,mrss-ticense Comp.Man Map Comp.Plan Critical Environmental Master Mobile Shoreline Short Plat, Site Small Temporary (10% Permit Use Permit Environmental and Fill Occupation Lot Line Site Plan Home Modification/ Plat,Plat,Preliminary/ PUD, PUD, Vegetation Shoreline Substantial Shoreline Short Plat, Special �mals (i0% Appeal ter-Hems Amendment/ Map Text Area Review Site Plan Home Park, Rezone Conditional Final/Binding Plan Cell Use Variance Waiver APPLICATION/'" Notice of (Administrative(Hearing Review Permit Permit Adjustment (Individual Park, Alternate Request Final Binding Site Plan Preliminary Final Management Exemption Development Variance Preliminary Permit PERMIT'en" Intent) Petition) Desupatien' Rezone Amendment I Examiner) Permit (Nonproject) (Special) S ec al (Overall)phases) Preliminary Final Permit Permit Use permit Site Plan Review Permiiz Permit' SUBMITTAL • REQUIREMENTS 10%Notice of Intent to Annex X • 60%Petition to Annex X - Additional Animals Application Form X - Affidavit and Photograph of Installation of Public Information Sign X X X X X X X X X X X X X X X X Affidavit and Photograph of Installation of Public Outreach Sign X31 X X X" Applicant Agreement Statement(for wireless communication facilities) X10 X X • Applicant's Confirmation - of Condition Compliance X X X - • X Arborist Report X X X X X X X X X X X X X X X X X Arborist Report,Final X • X • Assessment Information - X X • Authorization for - ` Abatement X Binding Site Plan Map X • Biological - Assessment/Critical Areas Study when project , located in a designated " floodplain X X X X X X X X X X X X " X X X X X X X X X - X X •X X on X - - - - - - - •- Calculations,Survey - X X X X Colored Rendering X X X X X X X Concealment Element Plan X Construction Mitigation _ Description X X X X X _ X X X X X X X X X X X X X Documentation of Affordable Housing Experience and 3rd Party Reporting"Z X X X X X X • Draft Deed for Any Proposed Dedication of Land for Public Purposes X X X X . X • Draft Homeowners' • Association Documents,if applicable X X X X X Draft Restrictive Covenants,if any _ X X X X X X X X X X Drainage Control Plan X X X X X X X X X X X X X X X Drainage Report X X X X X X X X X X X X X X X Elevations,Architectural X X X X3 X X X X X X X X X X X X Environmental Checklist X X X_ X X X X . X X X X X X X X X X X X X Existing Covenants (recorded copy) X X X X X X X X X X X X X X X X X X X X Existing Easements - (recorded copy) X X X X X X X X X X X X X X X X X X X X Final Plat Plan X Flood Hazard Data,if applicable X X X X X X X X . X X X X X X X ` X X X X X Floor Plans X X X X X3 X X X X X X X X X X GeotechnicalR'eport - X X X X X X X X X X X X X - X X X X X X X X Grading Plan,Conceptual X3 X3 X X X X X X X X X X X X X • Grading Plan,Detailed X X Habitat Data Report X X X X X X X X X X - X X X X X X X X X Hazardous Materials .' Management Statement X X X X X X X X X X X X X X X X X X X Inventory of Existing Sites (for wireless communication facilities) X° X X Justification for the - Comprehensive Plan - - Amendment and,if - applicable,Rezone X X Justification for Conditional Permit r - Request X X Justification for Home Occupation Permit (Special) X Justification for Rezone X • Justification for Tier III Temporary Use Permit X Justification for Variance Request - - X X • King County Health Department Approval(for food related uses only) - X Landscape Plan, Conceptual X X X X X X X X X X X X X X X X X X Landscape Plan,Detailed X X X X X Lease Agreement,Draft (for wireless communication facilities) X4 X X Legal Description X X X X X X X X X X X X X X X X X X X X X X X X X X X X — Letter Describing Proposed Home Occupation X X Letter from Property Owner X X Letter to Examiner/Council Stating Reason(s)for Appeal per RMC 4-8-110C3 X Letter Explaining Which Comprehensive Plan Text/Policies Should Be Changed and Why X Letter of Understanding, Geologic Risk X X X X X X X X X X X X X X X X X X X List of Affected Property Owners within Annexation - Area Boundary X X Lot Line Adjustment Map X Map of Existing Site Conditions X • Map of View Area(for wireless communication facilities only) - X X X Master Application Form ' • X X X X X X X X X X X X X X X X - X X X X X X , X X X X ' X X X X X X X Master Plan X Mobile Home Park Plan X _X Monument Cards(one per monument) X X X Neighborhood Detail Map X X X X X X X' X X X X X X- X X X X X X X X X X X X X X X X X X Neighborhood Meeting - Materials Xu X X Xu Parking,Lot Coverage and, Landscaping Analysis - X X X X Photo Simulations(for - - wireless communication facilities only) X4 X X X Plat Certificate X Preapplication Meeting Summary,if any X X X X X X X X X X X X X X X X X X X X X X X X X X X Preliminary Plat Plan - - X Project Narrative X X X X X X X X X X X X X X X X X X X X X X X X X X X Project Sequencing Plan -' X Proposal(nonproject,e.g., draft ordinance,plan or policy) X Proposal Summary (nonproject) X Public Works Approval Letter X X X X • Radio Frequency • Emissions Report X Routine Vegetation Management Application Form X Screening Detail, Refuse/Recycling X X ' X X X X X X Service Area Map(for wireless communication facilities only) X X Short Plat Plan X • Short Plat Plan,Final X Site Plan - X X X X X X X X X X X X X X X X X X X • Site Plan,Single Family X Siting Process Report for Use Permits for SCTF,CDF • or CDIS Facilities X Source Statement,Fill Material,Aquifer Protection Areas X • Statement Addressing ' Basis for Alternate and/or Modification X X X X Statement Addressing the Basis for the Shoreline Permit Exemption Request X Statement Addressing the PUD's Relationship to the City Comprehensive Plan Stream/Lake Study(8) X X X X X X X X X X X X X X X X X X X X X X X X X X Survey - X X X Title Report X X X X X X X X X X X X X X X X X X X X X X X contours) X; X X-' X Traffic Study X X X X X X X X - X X X X Tree Retention/Land ,. _ Clearing(Tree Inventory) Urban Design District Review Packet X' X7 X7 X7 X7 X7 Utilities Plan;Generalized X, X X • '..:` Vegetation Management • Plan(Shoreline) -- X X X Wetlands Delineation Map X-. X X'. X X X' X X X X, X X X X X X X- X Wetland Mitigation Plan— Preliminary X X X X X X X X X X X X X X X X X X Wetland Mitigation Plan • Final X. X X X X X X Wetlands Assessment X X X X X X X X X X X , X X X X X X X X X X X X Table 4-8-120C Legend:An"X"indicates that the submittal item is required unless waived by the Administrator or designee. Footnotes: -1 1.Deleted. 2.Level of detail limited to scope listed in RMC 4-9-210A. — 3.Level of detail required may be reduced by Administrator. - 4.Not required for amateur radio antennas. 5.Deleted. • 6.Deleted. 7.Only required for projects requiring review in the Urban Center Design Overlay District. 8.A standard stream or lake study is required for any application proposal;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.A supplemental stream or lake study is also required if an unclassified stream is involved,or if there are proposed alterations of the water body or buffer,as identified in the standard stream or lake study.If substantial impacts to the existing vegetation within the buffer required by RMC 4-3-090D7a,Shoreline Bulk Standards,or as modified under RMC 4-3-090F1,Vegetation Conservation,are identified in the standard stream or lake study,a supplemental stream or lake study may be required by the Community and Economic Development Administrator.A stream or lake mitigation plan will be required prior to final approval for any plans or permits that result in mitigation identified in the supplemental stream or lake study. 9.The only submittal requirements required for Tier I Temporary Use Permit are Master Application,Site Plan,and King County Health Department Approval. 10.Only that portion of the agreement relating to removal upon discontinuation of use is required for amateur radio antennas. 11.Submission of an affidavit and photograph of an installed public outreach sign and/or neighborhood meeting materials is only required for site plan review if the sign and/or neighborhood meeting is required per RMC 4-8-090,Public Notice Requirements. • 12.For applicants seeking bonus density under the provisions of RMC 4-9-065.