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HomeMy WebLinkAboutEX_04_ORD_6127CITY OF RENTON, WASHINGTON ORDINANCE NO. 6127 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING - SUBSECTIONS 4-2-060.1,4-2-080.A.19,4-2-080.A.26, 4-2-080.A.27,4-2-080.A.31, 4-2-080.A.34, 4-2-080.A.80, 4-2-080.A.81, 4-11-040.MM, SECTIONS 4-11-030, 4- 11-050,4-11-060,AND 4-11-230 OF THE RENTON MUNICIPAL CODE;AMENDING REGULATIONS FOR EATING AND DRINKING ESTABLISHMENTS, FOOD RELATED DRIVE-THROUGH SERVICE, AND DEFINING NEW TERMS, INCLUDING COFFEE STAND, COMMISSARY KITCHEN, AND WALK-UP WINDOW; AUTHORIZING CORRECTIONS; 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 July 14, 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 August 2, 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: 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Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged.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 4-2-060.1 of the Renton Municipal Code, is amended as shown in Attachment A. 1 EXHIBIT 4 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 SECTION III. Subsection 4-2-080.A.19 of the Renton Municipal Code, is amended as follows: 19. Reserved. Where drive-in/drive-through service is proposed for an eating and drinking establishment, twenty-five percent (25%) of the total building area shall be dedicated to indoor seating to qualify the drive-through as accessory. SECTION IV. Subsections 4-2-080.A.26 through 4-2-080A.27 of the Renton Municipal Code, are amended as follows: 26. Reserved. In the CA Zone, commissary kitchens shall only be allowed to operate as an accessory use except that commissary kitchens may operate as a principal use provided that they meet the following conditions: a. the business is open to the public with designated hours, and b. merchandise is available for consumption on-site or off premises. 27. Reserved. In the CO Zone, commissary kitchens may operate as a principal use when west of Rainier Avenue South/SR-167. SECTION V. Subsection 4-2-080.A.31 of the Renton Municipal Code, is amended as follows: 31. Reserved. When the proposed location of a commissary kitchen abuts or is adjacent to a lot zoned residential, an Administrative Conditional Use Permit shall be required. SECTION VI. Subsection 4-2-080.A.34 of the Renton Municipal Code, is amended as follows: 2 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 34. Reserved In the RMF Zone, eating and drinking establishments shall only be permitted when located on streets classified as a principal arterial. Drive-in and drive-through services are prohibited. SECTION VII. Subsection 4-2-080.A.80 of the Renton Municipal Code, is amended as follows: 80. Specified use(s) are permitted 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 "accessory" to the eating/drinking establishment. d. When a food and beverage related drive-in/drive-through services are proposed, an Administrative Conditional Use Permit is required. SECTION VIII. Subsection 4-2-080.A.81 of the Renton Municipal Code, is amended as follows: 81. Reserved. a. When drive-through service is proposed for new construction or proposed via change of use of an existing building, businesses shall incorporate a walk-up window in the project design and/or part of the tenant improvements. If there are practical difficulties with including a walk-up window, the applicant may propose an alternative that meets the intent and purposes of pedestrian oriented development. The proposal shall be reviewed for consideration and approval by the Administrator. 3 1 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 b. :The: number of standalone walk-up :window establishments shall be limited to three (3) locations in the City Center and five.(5) locations citywide. . . . Eating and drinking establishments may..operate a walk-up window as an accessory:use with an approved.Administrative Conditional Use Permit. . : SECTION IX. Section 4-11-030 of the Renton Municipal Code; is amended as:follows: 4-11-030 DEFINITIONS C: . .. A. CALIPER::The diameter of any tree trunk as measured at a:height of four and one-half feet (4,1/21:above the ground on the upslope side;of the tree. :: Cal i ex Tree Trunk, 4 li?On Up Side afScpe : Ground Level B.' 'CANOPY, BUILDING:A rigid multi-sided structure covered with fabric,:.: metal or other :material and supported by a building:at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of supporting building is not included within the definition of building canopy. CAR: See VEHICLE.'. D. CAR WASH:'A structure with machine-operated or:hand-operated facilities used principally for the cleaning, washing, polishing,or:waxing of motor vehicles. 4: DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 E. CARD ROOM: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. F. CARETAKER'S RESIDENCE: A dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment. G. CARPOOL:A group of people traveling to the same or relatively nearby locations in the same vehicle. H. CARPORT:A roofed structure, enclosed on less than three sides, without interior parking aisles, for the purpose of storing motor vehicles. I. CEMETERY: Property used for interring of the dead. This definition includes accessory buildings, crematories, and mausoleums. J. CENTER, EMPLOYMENT: An area of higher intensity uses that typically employ thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. K. CERTIFIED:A facility and staff qualified and able to provide certain tests and measurements relating to specific tasks and based upon established standards. L. CHANNEL MIGRATION ZONE:The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural 5 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 and normally occurring hydrological and related processes when considered with the:char'acteristics of the river and its surroundings. M. CIRCULATION: The movement of passengers or goods to, from, over, or, along a transportation corridor. . N: CITY COUNCIL:The City Council of the City of Renton, Washington. O. CITY GOVERNMENT OFFICES; Offices for- City administration and or provision of services to the public.This definition includes but is not limited to City Hall. P. CIVIL ENGINEER: A professional engineer registered in the State to practice in the field of civil.works. O CLEAR VISION AREA: The area bounded by the street property lines:Of: corner lots and;a line joining:points along said Street lines twenty feet (20') from their point of intersection: pF sariP rse + min M...., ,,,...,.,..s,..,.,:. ..r,.,.,.. +s.r. . 1e't 1+ s i a THE MAXIMUM HEIGHJ FOR ANY.STRUCTURE OR PLw1NTIN1;IN THE CLEAR VISION. AREA SHALL BE 42:FICHES . . R. CLOSED RECORD APPEAL: An administrative appeal on the record: to: a: local government:body or officer:including the legislative body, following an open 6. DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE.NO..6127: .. . record hearing on a project permit-application when:the appeal is::on the:record with no or limited new evidence or information allowed to be submitted and only: appeal:argument allowed. S. CLOSURE OF UNDERGROUND STORAGE.FACILITIES: See RMC.4-5-120G. T.. CLUSTER DEVELOPMENT: A :residential subdivision comprised of =;a:' grouping of single family.dwellings on small, lots designed to include significant open space or preserve significant natural features; which are commonly held by the residents, in exchange for modifications:to certain 'development standards. e.g., lot dimensions, setbacks, and building standards).. U. COFFEE STAND: A retail business serving primarily coffee, beverages, and: : other related goods and merchandise, typically for off-site consumption by the traveling public..This definition excludes eating and.drinking establishments and walk-up windows. V. COLLECTION POINT: In multiple family residences, commercial, industrial and: other nonresidential developments, the exterior location designation for 7 . DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 garbage and recyclables collection by the City's contractor or other authorized haulers. W. COLLECTOR STREET: See STREET, COLLECTOR. X. COMBINED PUBLIC DETENTION: A stormwater detention system designed to accommodate runoff from both public streets and private property. Y. COMBINED SEWER: See RMC 4-6-100. Z. COMMERCIAL LAUNDRIES: A facility where clothing or other fabrics are washed, dried, or dry cleaned for other businesses or institutions. This definition does not include laundromats. AA. COMMERCIAL USE:A type of land use that includes commercial office activities, services and/or retail sales. BB. COMMISSARY KITCHEN: A facility providing leasable commercial kitchen space where food operators prepare, store, portion, or package food, typically intended for offsite sale and consumption. Facilities are typically shared among two or more tenants and may be utilized to fulfill mobile-food orders associated with platform-based food-delivery services. Operations may occur as a primary use or as an accessory use to an eating and drinking establishment, as governed by the underlying zoning designation. CC.COMMON SPACE AREA (COMMON AREA, COMMON OPEN SPACE, COMMON SPACE): Land that is designed and intended for common use or enjoyment and may include such structures and improvements as are necessary and appropriate. 8 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 DD. COMMUNICATION BROADCAST AND RELAY TOWERS: Establishments that provide point-to-point communication services, whether by wire or radio, including radio and television broadcasting stations and the exchange or recording of messages. This definition excludes all terms related to wireless communication facilities. EE. COMMUNITY ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.)A means of physical approach to and/or along the shoreline available to the residents, tenants, customers, patrons, guests, and/or other authorized users of a development. Community access may also include space set aside for outdoor recreation including: picnic areas, view points, water craft launch facilities, and may also include other similar features. FF. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR:The Administrator of the Department of Community and Economic Development or designee. GG. COMMUNITY HEALTH ENGAGEMENT LOCATION (CHEL): A location designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means. A CHEL includes all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described. A CHEL may also be referred to as a medically supervised injection center, supervised injection site or facility, safe injection site, fix room, or drug consumption facility. 9 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 HH. COMPACTION:The densification of an earthen fill by mechanical means. II. COMPENSATION PROJECT: Actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, installation, monitoring and contingency actions. JJ. COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, including, but not limited to wetlands restoration and creation, and wetland enhancement in conjunction with wetlands restoration or creation. KK. COMPLETE APPLICATION: Unless waived by the Community and Economic Development Administrator, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in RMC 4-8-120A, B and C, any site-specific information identified in a pre- application meeting summary, and any required application fee pursuant to the City of Renton Fee Schedule. LL. COMPREHENSIVE PLAN:The plans, maps and reports that comprise the official development plan and twenty (20) year "vision" for the future physical design and character of the City as adopted by the City Council in accordance with chapter 35.63 RCW. MM.CONCEPTUAL PLAN: A development tool designed to provide a comprehensive overview of proposed uses, site layout, infrastructure concepts, phasing and amenities. A conceptual plan approval establishes conditions with which all concurrent and subsequent land use approvals within its geographic area 10 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 must comply, unless the conceptual plan itself is amended. It also provides long- term guidance for a larger area than either master plan or detailed site plan review was intended for, so that continuity of the overall development is maintained. NN. CONDITIONAL USE, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use, development, or substantial development which is classified as a conditional use or is not classified within the applicable Master Program. 00. CONDOMINIUM: Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners,and unless a declaration and a survey map and plans have been recorded pursuant to chapter 64.32 RCW. PP.CONDOMINIUM CONVERSIONS:The filing of a declaration pursuant to the Horizontal Property Regimes Act, of the sale by a developer of condominium units that were previously rental units. qCI` CONFERENCE CENTERS: Facilities where large gatherings of people converge to meet on a variety of subjects.These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls. RR.CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and 11 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 cooking for occupancy for other than a family.A congregate residence may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. SS. CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in essentially its natural state while providing for a moderate to low intensity of land uses surrounding the area. TT. CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. UU. CONSTRUCTION/CONTRACTOR'S OFFICE: An area where a construction contractor maintains its office, as well as storage for equipment and materials, for the construction and landscaping trades. VV.CONSTRUCTION WASTE: Solid waste resulting from the building or renovation of buildings, roads and other human-made structures. Construction waste includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush. 12 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 WW.CONTAINMENT DEVICE:A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. XX.CONTAMINANT: See RMC 4-6-100. YY.CONTIGUOUS PROPERTIES: Properties sharing a property line. ZZ. CONTINUOUS MONITORING: See RMC 4-5-120G. AAA.CONVALESCENT CENTER:A facility licensed by the State for patients who are recovering health and strength after illness,or injury,or receiving long-term care for chronic conditions, disabilities, or terminal illnesses. Facilities provide twenty-four (24) hour supervised nursing care and feature extended treatment that is administered by a skilled nursing staff. Typically, residents do not live in individual units and the facilities provide personal care, room, board, laundry service, and organized activities. This definition does not include adult family homes, assisted living, group homes II, medical institutions, and/or secure community transition facilities. BBB. CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. CCC. COOPERATIVE: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (a) is owned by an association organized pursuant to the Cooperative Association Act chapter 23.86 RCW); or(b) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building. 13 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 DDD.COOPERATIVE UNIT:Any dwelling unit in a cooperative. EEE. COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. FFF. CORNER LOT: See LOT TYPES; Lot, Corner. GGG.CORRIDOR:A strip of land forming a passageway between two (2) otherwise separate parts. HHH.COTTAGE HOUSE DEVELOPMENT: A unit-lot subdivision consisting of at least three (3) unit lots containing small scale (no more than one thousand five hundred (1,500) gross square foot) detached, single-family dwelling units clustered around a shared common open space. III. COUNTY AUDITOR:As defined in chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. JJJ. COVID-19 DEINTENSIFICATION SHELTER: A facility (whether a separate structure, or situated inside or outside a building or a portion of a building) used for the relocation of homelessness shelters and encampments for the purposes of de-intensifying or reducing density in response to the novel coronavirus (COVID- 19) pandemic. A COVID-19 deintensification shelter that meets the definition of a homeless services use —overnight shelter— is both a COVID-19 deintensification shelter and a homeless services use—overnight shelter. KKK. CRITICAL AREAS: Wetlands, aquifer protection areas, fish and wildlife habitat,frequently flooded and geologically hazardous areas as defined by the Growth Management Act and RMC 4-3-050, Critical Area Regulations. 14 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 LLL. CRITICAL FACILITY: A facility for which even a slight chance of flooding, high geologic hazard, or inundation in the areas of flood hazard or volcanic hazard might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. MMM. CRITICAL HABITAT or CRITICAL WILDLIFE HABITAT: Habitat areas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species would maintain and reproduce over the long term. See also RMC 4-3- 050K. NNN.CROSS CONNECTION: See RMC 4-6-100. 000. CUL-DE-SAC: A vehicular turn-around at the end of a dead end street. PPP. CULTURAL FACILITIES: Facilities which offer passive entertainment and enjoyment activities to the general public. This definition includes, but is not limited to, museums and libraries. This definition excludes adult entertainment businesses, dance halls; dance clubs; religious institutions; and gaming/gambling facilities. QQQ. CURB: A vertical curb and gutter section constructed from concrete. 15 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 SECTION X. Subsection 4-11-040.MM of the Renton Municipal Code, is amended as follows: MM. DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to drive-in/drive-through services at eating and drinking establishments, fast-food restaurants, espresso coffee stands, and banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. SECTION XI. Section 4-11-050 of the Renton Municipal Code, is amended as follows: RMC 4-11-050 DEFINITIONS E: A. EARLY NOTICE: See RMC 4-9-070P. B. EARTH MATERIAL:Any rock, natural soil or fill and/or any combination thereof. C. EASEMENT:A grant by the property owner for the use or protection of a piece of land by the public, corporation, or persons for specific purposes. Al. Easement, Access:An easement created for the purpose of providing vehicular or pedestrian access to a property. 16 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 42. Easement, Conservation: An easement held by the City, a public or nonprofit entity approved by the City, or by the property owner for the express purpose of protecting and conserving critical areas and their buffers. D. EATING AND DRINKING ESTABLISHMENT: A retail establishment selling providing indoor dining service where food and/or drink are prepared and sold for consumption on the premises or for take-out;nclud ing acccccory on cite food repar-atien. This definition includes, but is not limited to, restaurants, cafes, fast food restaurants, and microbrew establishments. This definition excludes coffee stands, taverns; mobile food vending;, fast food; entertainment clubs; dance club% and/or dance halls. Eating and drinking establishments may also provide accessory on-site food preparation for use by other food related businesses, including but not limited to catering companies, mobile food vendors, and market merchants. E. ECONOMIC DEVELOPMENT: A development which provides a service, produces goods or a product, retails a commodity, or emerges in any other use or activity for the purpose of making financial gain. F. EDUCATION INSTITUTION, HIGHER, OTHER:A public or private school, college or university that provides post-secondary professional education and/or continuing education programs. This definition does not include trade or vocational schools, K-12 educational institutions, or arts and crafts schools and studios. 17 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 G. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), EXISTING K-12:An existing public or private school encompassing grades K-12. H. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), NEW K-12: A new public or private school encompassing grades K-12. I. ELECTRICAL POWER GENERATION AND COGENERATION: Electrical power generation is the production of electricity for consumption by facilities on site or in a district. Electrical power cogeneration is the simultaneous production of electricity and useful heat from the same fuel or energy or the use of a production by-product to generate power. Facilities with cogeneration systems use them to produce their own electricity, and use the unused excess (waste) heat for process steam, hot water heating, space heating, and other thermal needs.They may also use excess process heat to produce steam for electricity production. J. EMERGENCIES:Actions that must be undertaken immediately or within a time frame too short to allow full compliance with this Title to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation. K. ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds, reconditions, or customizes engines or transmissions which are sold to vehicle service and repair operations or to individual customers for installation into vehicles off site. L. ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER. 18 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 M. ENGINEERING GEOLOGY:The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. N. ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT. O. ENHANCEMENT ACTIVITIES: Removal of noxious or intrusive species, plantings of appropriate native species and/or removal of diseased or decaying trees which pose a clear and imminent threat to life or property. Enhancement activities shall not involve the use of mechanical equipment. Enhancement activities may include the removal of pests which pose a clear danger to public health; provided, that such danger is certified by the King County Department of Public Health. P. ENTERTAINMENT CLUB:Any facility where live entertainment including but not limited to live theater; dance performances; musical performances;- comedy routines; book/poetry readings; and other forms of live entertainment are conducted. This definition excludes adult entertainment businesses; movie theaters; dance clubs; dance halls; taverns; and eating and drinking establishments. ENTERTAINMENT/MEDIA RENTALS: A business consisting of rental of entertainment media including but not limited to videos, DVDs, and video games. This definition includes accessory retail sales of entertainment media as well as foodstuff. This definition does not include adult retail uses. 19 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 it R. ENVIRONMENTAL REVIEW COMMITTEE(ERC):The Environmental Review Committee, as defined by RMC 4-9-070D, is the SEPA Responsible Official Authority. S. EROSION:The wearing away of the ground surface as a result of the movement of wind, water and/or ice. T. ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed threatened, endangered, and sensitive species and state listed priority species. U. EVICTION:Any effort by a property owner and/or developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. V. EXCAVATION: The mechanical removal of earth material. I W. EXISTING LEGAL USE:The use of a lot or structure at the time of enactment of a zoning or other land use regulation. X. EXOTIC:Any species of plants or animals that are not indigenous to the planning area. SECTION XII. Section 4-11-060 of the Renton Municipal Code, is amended as follows: RMC 4-11-060 DEFINITIONS F: A. FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Critical Areas Regulations.) All contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to, business, government, and institutional activities where hazardous materials are stored, handled, treated, used or 20 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 produced in quantities greater than the de minimis amounts specified in RMC 4- 9-015, Aquifer Protection Area Permits. B. FAMILY:Any number of related individuals, or not more than four (4) unrelated individuals, living together as a single household. C. FARMERS MARKET:A public market at which farmers and often other vendors sell agricultural produce, which includes the sale of flowers directly to consumers. D. FAST FOOD RESTAURANT: ^ restaur „t „ ying detached s+ + identified her„ „ „br„„d that offers to a d I h „r ti loan adyertir g fr., chi r hi ffili do d hit + I O I p C O yy ll cl 71 I 1p C I l7TIT7TGC7V'TrOT7CrR-Cp7 7pfaKZ rC7 TCCC tiY1ZiT than one neighborhood „„d is to or + .J I+ i„..I .J .J th I, r An eating or drinking establishment, in which the manner of preparation, packaging, and service of the product enables its consumption outside the restaurant, and which has most of the following characteristics: quick food service is offered; food is already prepared and held for service or able to be prepared quickly; identified by a name brand that offers a standard menu, typical business operation logo, advertising franchise ownership or affiliation; food is generally served in disposable wrappings or containers and with disposable utensils; and orders are not generally taken at a customer's table. This definition excludes espresse coffee stands. 21 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 E. FEASIBLE (with regard to application of the Surface Water Design Manual in RMC 4-6-030): An LID best management practice that is considered capable of implementation following consideration of the Surface Water Design Manual infeasibility criteria. Provided, an LID best management practice is not feasible if it would conflict with requirements of federal or state law, zoning district design criteria, public health and safety, transportation regulations, regulations protecting tree species, a local code or rule adopted as part of a Wellhead I Protection Program established under the Federal Safe Drinking Water Act, or a local code or rule adopted to protect a Critical Aquifer Recharge Area established under the State Growth Management Act. F. FEATURE, KEY:A distinctive element of a site, development, or building that provides a defining characteristic, style, or functionality of a development, such as prominent architectural elements, environmental amenities (e.g., creek crossing, retained tree stands),or prominent design features(e.g., promenades or site entries). G. FENCE:An outdoor physical and/or visual barrier, railing, or other upright structure erected above ground and separating an area of ground. For the purpose of administering this Title, a wall shall be considered to be a fence unless the wall resists the lateral displacement of soil or other materials, in which case it shall qualify as a retaining wall. H. FILL: A deposit of earth material placed by artificial means. I. FINAL PLAT: See PLAT, FINAL. 22 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 J. FIRE CHIEF:The Fire Chief or Chief Administrative Officer Of the Renton Regional Fire Authority. K. FIRE DEPARTMENT:The Renton Regional Fire Authority. L. FIRE FLOW:The measure of the sustained flow of available water for fire fighting at a specific building or within a specific area at twenty (20) pounds per square inch residual pressure. M. FIRE MARSHAL: The City of Renton Fire Marshal or his/her designee. N. FLAT: See DWELLING, ATTACHED. O. FLOOD or FLOODING: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, and/or b. The unusual and rapid accumulation of runoff of surface waters from any source, and/or c. Mudslides (i.e., mudflows)which are proximately caused by flooding as defined in subsection lb of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by 23 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection la of this definition. P. FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. U FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS). R. FLOOD INSURANCE RATE MAP (FIRM):The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). S. FLOOD INSURANCE STUDY:The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary- floodway map and the water surface elevation of the base flood. T. FLOOD, ONE HUNDRED (100) YEAR:The maximum flood expected to occur during a one-hundred (100) year period. U. FLOOD PROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that 24 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. V. FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source. See FLOOD or FLOODING. W. FLOODPLAIN ADMINISTRATOR: The community official designated by title to administer and enforce the floodplain management regulations. X. FLOODWAY: The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." RCY,Tf'la'Vtt Y. FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually. The floodway shall not include those lands that can reasonably be expected to be protected by flood control devices maintained by or maintained 25 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 under license from the Federal government, the State, or a political subdivision of the State. Z. FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of each wall. r 1 1 s i i LOBBY n 1 1 1 I 1 HALLWAY 1 1 1 IrTHPtakIO HALLWAY 1 1 1 1 i 1 Net hoor Area J Gross Floor Area AA. FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. BB. FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area. CC. FLOOR, GROUND: The floor located at or near the adjacent grade or public right-of-way. DD. FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of flowers, house plants, and associated floral supplies. 26 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 EE. FRANCHISE RETAIL ARCHITECTURE (OR GENERIC OR CORPORATE ARCHITECTURE): Consists of site layout, buildings, and signs for businesses usually large format, chain, or franchise retail establishments) that are the same style, color, and material regardless of location. Typically, the employees wear uniforms and the products or food are the same in every facility. FF. FRONT YARD: See YARD REQUIREMENT. GG. FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage. HH. FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS. II. FULFILLMENT CENTER:A building used primarily for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) prior to their distribution to retail customers, retail locations, or other warehouses. A typical fulfillment center has a high level of on-site automation and logistics management. Fulfillment centers are generally characterized by a significant storage function and direct distribution of ecommerce product to end users.These facilities usually handle smaller packages and quantities than other types of warehouses, and operations at these facilities often include employees fulfilling online orders by picking, packing, and shipping the goods and materials directly to online retail customers. These qualities, large scale, and volume of goods moved directly to home customer delivery differentiate it from other kinds of warehouse distribution. This definition . excludes warehousing, and warehousing and distribution. 27 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 JJ. THE FEDERAL WATER POLLUTION CONTROL ACT OF 1956 (FWPCA):See RMC 4-6-100. SECTION XIII. Section 4-11-230 of the Renton Municipal Code, is amended as follows: RMC 4-11-230 DEFINITIONS W: A. WALL PLATE: A horizontal member built into or laid along the top of a wall to support and distribute the pressure from joists, rafters, etc. B. WALK-UP WINDOW: A retail service window that, by design, is intended for pedestrians and typically sells food and beverage for either on-or off-premises consumption. C. WALL PLATE HEIGHT:The vertical distance from the grade plane of a site to the top of one or more wall plates of a building located thereon. D. WAREHOUSING: A use located wholly within a building engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery. The definition includes data centers, but excludes bulk storage, hazardous material storage, self-service storage, warehousing and distribution, fulfillment centers, wholesale retail, and vehicle storage. E. WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of manufactured products, supplies, and equipment. This use excludes hazardous material storage, indoor storage,outdoor storage,self-service storage,vehicle storage, and warehousing, storage, or distribution for commercial laundry operations within the Downtown Business District. 28 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 F. WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid waste for either recycling or transfer to a landfill or disposal facility. This definition includes but is not limited to concrete and construction material recycling operations. G. WATER AUTHORITY: The City of Renton Water Utility, or any other municipal or quasi-municipal entity distributing water to fire hydrants within the City of Renton. H. WATERCOURSE: See RMC 4-6-100. I. WATER-DEPENDENT USE: Referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. J. WATER-ENJOYMENT USE: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water- enjoyment use, the use must be open to the general public and the shoreline- oriented space within the project must be devoted to the specific aspects of the 29 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the State; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels, riverwalk developments, and multiple use commercial/office/residential developments; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. K. WATER-ORIENTED USE: "Water-oriented" refers to a use that is water- dependent, water-related, water-enjoyment, or a combination of such uses. L. WATER-RELATED USE: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: 1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. 30 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. M. WELL: A pit or hole dug into the earth to reach an aquifer. N. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. O. WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA. P. WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impacts to its functions and values. Buffers are designated areas abutting a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties abutting wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. g, WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the City. The criteria for determining a wetland's category are listed in RMC 4-3-050. R. WETLAND CREATION (OR ESTABLISHMENT):The manipulation of the physical, chemical, or biological characteristics present to develop a wetland that 31 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 did not previously exist on an upland or deepwater site. Establishment results in a gain in wetland acres. S. WETLAND, DISTURBED: Wetlands meeting the following criteria: 1. Are characterized by hydrologic isolation, hydrologic alterations such as diking, channelization, and/or outlet modification; and 2. Have severe soils alterations such as the presence of large amounts of fill, soil removal and/or compaction of soils. T. WETLAND EDGE:The boundary of a wetland as delineated using the Corps of Engineers Wetlands Delineation Manual. U. WETLAND, EMERGENT: A regulated wetland with at least thirty percent 30%) of the surface area covered by erect, rooted herbaceous vegetation as the uppermost vegetative strata. V. WETLAND ENHANCEMENT:The manipulation of the physical, chemical,or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement, flood water retention or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland function, but does not result in a gain in wetland acres. This term includes activities commonly associated with the terms "enhancement," "management," manipulation," and "directed alteration." 32 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 W. WETLAND, FORESTED:A vegetation community with at least twenty percent (20%) of the surface area covered by woody vegetation (trees) greater than twenty feet (20') in height. X. WETLAND, IN-KIND COMPENSATION: To replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. Y. WETLAND, ISOLATED: Those regulated wetlands which: 1. Are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. Z. WETLAND,OFF-SITE COMPENSATION:To replace wetlands away from the site on which a wetland has been impacted by a regulated activity. AA.WETLAND, ON-SITE COMPENSATION:To replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. BB.WETLAND PROTECTION/MAINTENANCE:The removal of a threat to, or preventing decline of, wetland conditions by an action in or near a wetland. Includes purchase of land or easements, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term "preservation." Protection/maintenance does not result in a gain of wetland acres or function. CC.WETLAND, REGULATED: See RMC 4-3-050. 33 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 DD. WETLAND RESTORATION:The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: 1.Re-establishment:the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres. 2.Rehabilitation:the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions of degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. EE. WETLAND, SCRUB-SHRUB: A regulated wetland with at least thirty percent (30%) of its surface area covered by woody vegetation less than twenty feet (20') in height at the uppermost strata. FF. WETLANDS: Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, 34 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. GG. WETLANDS, NEWLY EMERGING: 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 generally found in the Black River Drainage Basin. HH. WHOLESALE RETAIL: See "Retail, Wholesale." II. WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. JJ. WIRELESS COMMUNICATION FACILITIES—TERMS RELATED TO: Al.Antenna:Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. 42.Antenna, Amateur Radio (also called ham radio):A device that picks up or sends out radio frequency energy used for purposes of private recreation, noncommercial exchange of messages, wireless experimentation, self-training, and emergency communication. The term "amateur" is used to specify persons interested in radio technique solely with a personal aim and without pecuniary interest, and to differentiate it from commercial broadcasting, public safety(such 35 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 as police and fire), or professional two (2) way radio services (such as maritime, aviation, taxis, etc.). 63. Antenna Array: A group of antennas connected and arranged in a regular structure to form a single antenna that is able to produce radiation patterns not produced by individual antennas. 04. Antenna, Panel:Transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (3601. 65. Antenna, Vertical Monopole Amateur Radio:A type of amateur radio device consisting of a single vertical element constructed of wire, aluminum, or fiberglass without any attached horizontal antennas. This definition does include associated guy wires attached not more than halfway up the monopole for anchoring purposes.This definition does not include amateur radio antennas with any more than a single vertical element (e.g., tower or lattice-type amateur radio antennas). 66. Base Station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.The term does not encompass a tower as defined herein nor any equipment associated with a tower. "Base station" includes, without limitation: la. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 36 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 2b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networks). ac. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this Section, supports or houses equipment described in subsections F1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this Section, does not support or house equipment described in subsections F1 and 2 of this definition. 67. Collocation:The mounting of antennas and related equipment on an existing support structure by more than one wireless communications provider. 148. Compound:The leased or owned property upon which all elements of a WCF reside,which is demarcated with security fencing. 49. Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: la. Collocation of new transmission equipment; 2b. Removal of transmission equipment; or 37 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 3. Replacement of transmission equipment. 110. Eligible Support Structure: Any tower or base station as defined in this Section; provided, that it is existing at the time the relevant application is filed with the City. K11. Equipment Cabinet: A mounted case with a hinged door used to house equipment for utility or service providers. L12. Equipment Shelter:A room or building used to house equipment for utility or service providers (also known as a base station). M13. Equipment Structure: A facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. "Associated equipment" may include, for example, air conditioning, backup power supplies and emergency generators. N14. FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths. 015. FCC:The Federal Communication Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities. P16. Microcells: A wireless communication facility consisting of an antenna that is either: 38 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 la. Four feet (4') in height and with an area of not more than five hundred eighty (580) square inches; or 213. If a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length. 17. Pole Extender: A pole extender is a device that extends a utility pole or similar structure, the material of such structure being wood, composite, or otherwise,to the maximum height as permitted under this Title,without requiring the entire structure to be replaced, such that a small cell wireless facility may be located at the top of said structure and meet any required clearances as dictated by the structure owner. R18. Radome: A plastic housing sheltering the antenna assembly. S19. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. T20. Satellite Dish: A microwave dish typically used for receiving television transmissions from at least one orbiting satellite. 4421.'Service Provider: Is defined in accordance with RCW 35.99.010(6). Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. V22. Small Cell Facility:A personal wireless services facility that meets both of the following qualifications: 39 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 la. Each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and 2b. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume.The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cutoff switch. W23. Small Cell Network: A collection of interrelated small cell facilities designed to deliver personal wireless services. X24. Support Structure: A structure used to support wireless communication antennas and related equipment, either as its primary use or as an accessory use. Support structures include, but are not limited to, towers, existing buildings, water tanks, signs, and light fixtures. 3(25.Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. Types of towers include, but are not limited to: 40 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 4a. Guyed Tower: A freestanding or supported wireless communication support structure that is usually over one hundred feet (100')tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. ab. Lattice Tower: A self-supporting wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. 3c. Monopole I:A freestanding support structure less than sixty feet 60') in height, erected to support wireless communication antennas and connecting appurtenances. 4d. Monopole II:A freestanding support structure sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. 6e. Stealth Tower:A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or urban landscape and is primarily erected to accommodate wireless communication facilities. Examples include, but are not limited to, manmade trees, freestanding signs, flagpoles, light fixtures and clock towers. Z26. WCF: See Wireless Communication Facility (WCF). AA27. Wireless Communication Facility (WCF):An unstaffed facility for the transmission and reception of low-power radio signals usually consisting of an equipment shelter or cabinet(s), a support structure, antennas and related 41 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 equipment, generally contained within a compound. For purposes of this Title, a WCF includes antennas, support structures and equipment shelters, whether separately or in combination. 828. Wireless Communication Facility, Camouflaged:A wireless communication facility that is typically affixed to the facade of an existing structure that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that integrates and disguises the WCF with the building by matching architectural elements, colors, materials, etc. CG29. Wireless Communication Facility, Concealed: A wireless communication facility that is incorporated into an existing structure,that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that completely hides the WCF within the existing structure or within an addition to the existing structure that is architecturally compatible. 0030. Wireless Communication Facility, Temporary: A self-contained, portable telecommunications facility that can moved to a location and set up to provide wireless services on a temporary or emergency basis.Temporary wireless communication facilities are not deployed in a permanent manner, do not have a permanent foundation, may be vehicle mounted, and generally contain a telescoping boom as the antenna support structure. An example of a temporary wireless communication facility is a "cell-on-wheels" or COW. KK.WRECKING YARD,AUTO: A facility for the dismantling or wrecking of used motor vehiclesor trailers, or the storage, sale, or dumping of dismantled or 42 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 wrecked vehicles or their parts, including the repair of wrecked vehicles, consistent with chapter 46.80 RCW. SECTION XIV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or . regulations;or ordinance numbering and section/subsection numbering and references.The City 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 XV. 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 XVI.This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 11th of December, 2023. J son A. Se City Clerk APPROVED BY THE MAYOR this 11th of December, 2023. Armondo Pavone, Mayor 43 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ORDINANCE NO. 6127 Approved as to form: pF R 1-ry 2 ti Shane Moloney, City Attorney SEAL _ * 1 4- Date of Publication: 12/14/2023 (Summary) A° TEosE916.``` Ord-CED(D229):2269:11/22/2023 44 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 ATTACHMENT A AMENDMENTS TO RMC 4-2-060.1 (ZONING USE- RETAIL) RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 I:..RETAIL' Adult retail use P P P P P P P12 RMC 4-3-010) Wholesale retail Iz Fes} P79 Coffee stand80-81 AD AD AD AD AD AD AD82 AD82 Commissary P P P AC AC P26 AC P27 AC AC AC kitchen' Drive-in/drive- AC80 AC80 AC80 AC80 AC61 AC80 AC61 AC82 AC82 through, retai119` 80 Eating and P1 P1 P1 P1 P1 P1 P1 AD33 AD34 P29 P P P22 P61 P P61 P12 P82 P82 P82 drinking establishments80' 81 Fast food g29. P6-1 g P8a re re rrestaa u rra nts DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RIM IL IM IH CN CV CA CD CO COR UC-1 UC-2 Horticultural AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD nurseries, existing Horticultural AD AD29 nurseries, new Marijuana retail AD P AD P21 P82 P82 RMC 4-1-250) Mobile food P10 P10 P10 P10 P10 P10 P10 P10 P10 P23 P23 P23 P10 P23 P23 P23 P23 P10 P10 P10 vending Retail sales AD33 AD AC AC AC P22 P P P P54 P21 P82 P82 Retail sales, P15 P30 P30 P30 P15 P15 P15 P15 P15 outdoor Taverns AD P20 AD P21 P82 P82 Vehicle sales, P29 P29 P29 P29 large Vehicle sales, P P P P68 small Walk-up AD1 AD1 AD1 AD1 AD1 AD1 AD1 AD33 AD33 AD AD AD AD AD AD AD AD AD AD AD windows' DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Wholesale retail P P P P29 P79 P79 DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431